Timaru HRC 106 December 2010 – R 3
ID: JCA12469
Meet Title:
Timaru HRC - 16 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2010/12/16
Race Number:
R 3
Decision:
The charge was found proved.
Penalty:
Mr Smith was fined the sum of $250.
Charge:
Following the running of Race 3, Lion Beverages Mobile Pace, Information No. 69448 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr G D Smith, alleging that Mr Smith, as the driver of JAYESBE in the race, “drove in a manner likely to cause interference when allowing his drive to shift out rounding the final bend after racing in the lead”.
Facts:
Mr Smith had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Submissions for Decision:
Mr McIntyre showed a video replay of the race between the 600 metres and the 200 metres. He pointed out JAYSBE, driven by Mr Smith, leading the field approaching the home turn for the final time. From about the 450 metres, the horse began to give ground. Mr Smith activated the removable earplugs and continued to drive the horse, allowing it to run out.
He referred to the video replay and alleged that Mr Smith had no control of his horse and, at no time as the horse was shifting ground, did he stop driving it and attempt to straighten it and maintain a straight course. The Stewards believed that when a horse was tiring and hanging, the driver should take action to ensure that it maintains a straight course.
Reasons for Decision:
The Committee was satisfied that Mr Smith had driven in a manner likely to cause interference, as alleged. The Committee also noted that Mr Smith had admitted the breach.
Submissions for Penalty:
Mr McIntyre submitted that the breach was in the low to mid range. Mr Smith had been fined $200 under the Rule on 25 May 2010 and fined $250 for causing interference on 30 October 2010. To date in the current season, Mr Smith has had 113 drives and in the 2009/2010 season he had a total of 343 drives. Mr McIntyre submitted that a fine of between $200 and $250 was appropriate.
Reasons for Penalty:
In arriving at penalty, the Committee took into account, as a mitigating factor, Mr Smith’s admission of the breach. However, an aggravating factor was Mr Smith’s record. Normally, a third breach of the Rule in 7 months would attract a fine in excess of $250. However, it was significant that the breach was, in the Committee’s view, at the very low end of a scale of seriousness and, further, no actual interference was alleged. Mr McIntyre’s submissions reflected that.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 5ff1505492e6a103e4f449ecb4b0c8b4
informantnumber: 69449
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: Timaru HRC 106 December 2010 - R 3
charge:
Following the running of Race 3, Lion Beverages Mobile Pace, Information No. 69448 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr G D Smith, alleging that Mr Smith, as the driver of JAYESBE in the race, “drove in a manner likely to cause interference when allowing his drive to shift out rounding the final bend after racing in the lead”.
facts:
Mr Smith had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed a video replay of the race between the 600 metres and the 200 metres. He pointed out JAYSBE, driven by Mr Smith, leading the field approaching the home turn for the final time. From about the 450 metres, the horse began to give ground. Mr Smith activated the removable earplugs and continued to drive the horse, allowing it to run out.
He referred to the video replay and alleged that Mr Smith had no control of his horse and, at no time as the horse was shifting ground, did he stop driving it and attempt to straighten it and maintain a straight course. The Stewards believed that when a horse was tiring and hanging, the driver should take action to ensure that it maintains a straight course.
reasonsfordecision:
The Committee was satisfied that Mr Smith had driven in a manner likely to cause interference, as alleged. The Committee also noted that Mr Smith had admitted the breach.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr McIntyre submitted that the breach was in the low to mid range. Mr Smith had been fined $200 under the Rule on 25 May 2010 and fined $250 for causing interference on 30 October 2010. To date in the current season, Mr Smith has had 113 drives and in the 2009/2010 season he had a total of 343 drives. Mr McIntyre submitted that a fine of between $200 and $250 was appropriate.
reasonsforpenalty:
In arriving at penalty, the Committee took into account, as a mitigating factor, Mr Smith’s admission of the breach. However, an aggravating factor was Mr Smith’s record. Normally, a third breach of the Rule in 7 months would attract a fine in excess of $250. However, it was significant that the breach was, in the Committee’s view, at the very low end of a scale of seriousness and, further, no actual interference was alleged. Mr McIntyre’s submissions reflected that.
penalty:
Mr Smith was fined the sum of $250.
hearing_type: Hearing
Rules: 869(4)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer: G D Smith, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5151ffef2d5841b07d42ef25e6c47a10
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 173bb8d0bdc75272012410d75f3e42fc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2010
meet_title: Timaru HRC - 16 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Timaru HRC