Timaru HRC 12 March 2015 – R 9
ID: JCA11155
Meet Title:
Timaru HRC - 12 March 2015
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2015/03/12
Race Number:
R9
Decision:
As Mr Maynard had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Maynard was fined the sum of $400.
Facts:
Following the running of Race 9, the Bishopdale/Bush Inn TAB & Tavern Harewood Mobile Pace, an information was filed by Stipendiary Steward Mr S Wallis against Advanced Amateur Horseman Mr M Maynard, alleging a breach of Rule 869(3) (b) in that he drove carelessly when he allowed his drive, FRANCO HARRISON, to contact the sulky of WINSTONE P resulting in checks to SELESTER, MIGHTY PERUVIAN and BATINI.
Mr Maynard had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with. He confirmed this at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Wallis gave evidence and used video coverage, with the assistance of Co-Chief Stipendiary Steward, Mr N McIntyre, to show that near the 2000m, Mr Maynard, driving FRANCO HARRISON, was positioned on the back of WINSTONE P, driven by Mr A White. Mr McIntyre stated that Mr Maynard was travelling too close behind Mr White and as a result the leg of FRANCO HARRISON made contact with the sulky of WINSTONE P. FRANCO HARRISON’s leg was then caught in the sulky of WINSTONE P and as a result bought about an abrupt halt to FRANCO HARRISON as well as the three horses trailing were all checked to some degree. Mr McIntyre stated that Mr White had reported to the Stewards that there was a slight easing of the pace just prior to the incident.
Mr Maynard stated that there was a slight easing in the pace just prior to the incident, which was confirmed by Mr White, and that his horse was racing “pretty fiercely” at the time. He said that he was trying to restrain him and he was under a “pretty big grip” when he got onto the back of Mr White. He also stated that from the driver’s seat, FRANCO HARRISON, was a handful to control.
The Committee asked Mr Wallis as to whether FRANCO HARRISON was racing fiercely at the time of the incident. He stated that in his opinion FRANCO HARRISON was racing keenly, not fiercely, at the time of the incident.
Submissions for Penalty:
Mr Wallis informed the Committee that Mr Maynard drove in Amateur Races on 19 occasions last season and so far this season had driven on 6 occasions. He also said he had a clear record and credit should be given for his ready admission of the breach. Mr Wallis submitted that this incident could have been a lot worse, as the video showed, with the horse’s leg caught in the sulky and luckily for that horse, it was able to remove its foot out of the sulky after 20 to 30m. Taking into consideration the checks to the trailing runners as well as the effect to FRANCO HARRISON and WINSTONE P, he submitted that a fine in the vicinity of $500 be considered as penalty. He also stated that if a suspension was to be imposed, taking into consideration that there were 2 Amateur races per month that a suspension of approximately 5 months, to the end of the season, be considered. At 2 drives per month this would equate to approximately 10 drives. He also submitted that in the Stewards' opinion, the level of carelessness and consequences were mid to high, however MIGHTY PERUVIAN, who was involved in the incident, went on to win the race.
Mr Maynard initially stated that he was not in a position to pay a fine of $500 and would prefer a suspension. After lengthy discussions Mr Maynard stated that he would like a mix of a fine and suspension be considered as penalty and his submission on that would be a 2 month suspension and a fine of $200. Mr Wallis stated that the Stewards would not object to a mix of fine and suspension and their submission of that would be $250 and suspension until 31 May 2015. Mr Maynard then stated that he could afford to pay a fine but “had better things to spend his money on”.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Maynard’s ready admission of the breach and his good record. Aggravating factors were that his carelessness had caused an incident that could have resulted in a more serious situation. He had also caused interference to his own drive, FRANCO HARRISON and WINSTONE P, as well as the trailing 3 runners to varying degrees. After taking all factors and penalty submissions into account the Committee determined that a fine was an appropriate penalty in this case. The Committee agreed with the Stewards in assessing this breach to be in the mid to high range of carelessness. The JCA Penalty Guide recommends a starting point of a $400 fine or suspension of 8 drives for a breach of this Rule. The Committee determined that due to the level of carelessness and the consequences of that carelessness, that an uplift of $100 on the starting point was required. In taking the monetary penalty to $500, we were able to give Mr Maynard a discount of $50 for his ready admission of the breach and a further $50 discount for his good record. The Committee determined that a fine of $400 was an appropriate penalty in this case.
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: 0ea8218feba7dfd9dc223213372473cd
informantnumber: A6613
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 02/03/2015
hearing_title: Timaru HRC 12 March 2015 - R 9
charge:
facts:
Following the running of Race 9, the Bishopdale/Bush Inn TAB & Tavern Harewood Mobile Pace, an information was filed by Stipendiary Steward Mr S Wallis against Advanced Amateur Horseman Mr M Maynard, alleging a breach of Rule 869(3) (b) in that he drove carelessly when he allowed his drive, FRANCO HARRISON, to contact the sulky of WINSTONE P resulting in checks to SELESTER, MIGHTY PERUVIAN and BATINI.
Mr Maynard had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with. He confirmed this at the hearing.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Wallis gave evidence and used video coverage, with the assistance of Co-Chief Stipendiary Steward, Mr N McIntyre, to show that near the 2000m, Mr Maynard, driving FRANCO HARRISON, was positioned on the back of WINSTONE P, driven by Mr A White. Mr McIntyre stated that Mr Maynard was travelling too close behind Mr White and as a result the leg of FRANCO HARRISON made contact with the sulky of WINSTONE P. FRANCO HARRISON’s leg was then caught in the sulky of WINSTONE P and as a result bought about an abrupt halt to FRANCO HARRISON as well as the three horses trailing were all checked to some degree. Mr McIntyre stated that Mr White had reported to the Stewards that there was a slight easing of the pace just prior to the incident.
Mr Maynard stated that there was a slight easing in the pace just prior to the incident, which was confirmed by Mr White, and that his horse was racing “pretty fiercely” at the time. He said that he was trying to restrain him and he was under a “pretty big grip” when he got onto the back of Mr White. He also stated that from the driver’s seat, FRANCO HARRISON, was a handful to control.
The Committee asked Mr Wallis as to whether FRANCO HARRISON was racing fiercely at the time of the incident. He stated that in his opinion FRANCO HARRISON was racing keenly, not fiercely, at the time of the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Maynard had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr Maynard drove in Amateur Races on 19 occasions last season and so far this season had driven on 6 occasions. He also said he had a clear record and credit should be given for his ready admission of the breach. Mr Wallis submitted that this incident could have been a lot worse, as the video showed, with the horse’s leg caught in the sulky and luckily for that horse, it was able to remove its foot out of the sulky after 20 to 30m. Taking into consideration the checks to the trailing runners as well as the effect to FRANCO HARRISON and WINSTONE P, he submitted that a fine in the vicinity of $500 be considered as penalty. He also stated that if a suspension was to be imposed, taking into consideration that there were 2 Amateur races per month that a suspension of approximately 5 months, to the end of the season, be considered. At 2 drives per month this would equate to approximately 10 drives. He also submitted that in the Stewards' opinion, the level of carelessness and consequences were mid to high, however MIGHTY PERUVIAN, who was involved in the incident, went on to win the race.
Mr Maynard initially stated that he was not in a position to pay a fine of $500 and would prefer a suspension. After lengthy discussions Mr Maynard stated that he would like a mix of a fine and suspension be considered as penalty and his submission on that would be a 2 month suspension and a fine of $200. Mr Wallis stated that the Stewards would not object to a mix of fine and suspension and their submission of that would be $250 and suspension until 31 May 2015. Mr Maynard then stated that he could afford to pay a fine but “had better things to spend his money on”.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Maynard’s ready admission of the breach and his good record. Aggravating factors were that his carelessness had caused an incident that could have resulted in a more serious situation. He had also caused interference to his own drive, FRANCO HARRISON and WINSTONE P, as well as the trailing 3 runners to varying degrees. After taking all factors and penalty submissions into account the Committee determined that a fine was an appropriate penalty in this case. The Committee agreed with the Stewards in assessing this breach to be in the mid to high range of carelessness. The JCA Penalty Guide recommends a starting point of a $400 fine or suspension of 8 drives for a breach of this Rule. The Committee determined that due to the level of carelessness and the consequences of that carelessness, that an uplift of $100 on the starting point was required. In taking the monetary penalty to $500, we were able to give Mr Maynard a discount of $50 for his ready admission of the breach and a further $50 discount for his good record. The Committee determined that a fine of $400 was an appropriate penalty in this case.
penalty:
Mr Maynard was fined the sum of $400.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: M Maynard-Advanced Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d7a6e170bd4dd010a964e28be9183d41
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eead8fd46038788d2079f5ea9e36a71b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/03/2015
meet_title: Timaru HRC - 12 March 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Timaru HRC