Timaru HRC 15 May 2016 – R 6 – Chair, Mr P Knowles
ID: JCA17368
Meet Title:
Timaru HRC - 15 May 2016
Meet Chair:
PKnowles
Meet Committee Member 1:
GClapp
Race Date:
2016/05/15
Race Number:
R1
Decision:
As Mr McNally had admitted the breach it was found to be proved.
Penalty:
Mr McNally is fined $250.
Facts:
Following the running of race 6, the Property Brokers Mobile Pace, an information was filed by Stipendiary Steward Mr S Wallis against Mr S McNally, alleging that near the 1250m Mr McNally (WOBBEGONG) drove carelessly by striking the sulky of CLAREDON FALCON (Miss J Young) causing the tyre of WOBBEGONG to puncture.
Mr McNally admitted the breach and appeared at the hearing.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive: -
(b) carelessly;
Stipendiary Steward Mr R Quirk, using the videos, pointed out the relevant positions of Mr McNally and Miss Young prior to and at the point of the alleged incident. Mr Wallis stated that Mr McNally (WOBBEGONG) was racing three wide without cover and was improving forward to take up the parked out position. When he crossed over in front of Miss Young (CLARENDON FALCON) he was not sufficiently clear. This resulted in the inside leg of CLAREDON FALCON striking the tyre on the sulky of WOBBEGONG which deflated instantly. Mr Wallis said that the video was not clear where the impact actually happened, but he heard a significant bang from the stand and estimated that the contact was made about 1100 meters to run. Mr Wallis said that Mr McNally confirmed to him that that was where the contact was made. WOBBEGONG had continued in the race and finished sixth.
Mr McNally said his horse was hanging in prior to the incident but had stopped hanging prior to the point of contact. Mr McNally added that WOBBEGONG had relaxed slightly as it was crossing and that Miss Young’s horse had got keen. It was a minor misjudgement on his part.
Submissions for Penalty:
Mr Wallis told the Committee that Mr McNally is a busy driver. He has had 165 drives this season prior to today’s meeting. Mr McNally has a clean record over the past 12 months. The JCA Penalty Guide recommended a starting point of a 10-day suspension or a fine of $500. Mr Wallis stated that in view of Mr McNally’s very good record, had admitted the breach in the first instance, and the breach was at the low end of the scale, the Stewards would be seeking a fine of $300.
Mr McNally said he had openly admitted the breach of the rule, had a clean record and that the mitigating factors would be in his favour. The margin of his error was minimal and that the incident was a minor misjudgement. He believed that a fine of $200 would be severe enough for the nature of the incident.
Reasons for Penalty:
Mr McNally admitted the breach and has an excellent record. Both parties acknowledge that the incident was minor. The committee agrees that the incident itself was so minor that the Stewards were only alerted to it because of the noise, a “significant bang”, at the point of impact. There is nothing on the video to support the incident. Mr McNally’s horse competed in the race and finished in sixth placing and there was no interference to Miss Young’s horse or any other runner.
The JCA Penalty Guide recommends a starting point of a 10-day suspension or a fine of $500. Mr Wallis submitted a fine of $300 and Mr McNally a fine of $200.
We give Mr McNally credit for his early admission and his excellent record. The incident was minor and did not appear to affect the chances of WOBBEGONG. A fine proportionate to the incident is appropriate.
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: ff776cd0e44953141c1cd63b6183c1c8
informantnumber: A8091
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: 869 (3) (b)
plea: admitted
penaltyrequired: 1
decisiondate: 18/05/2016
hearing_title: Timaru HRC 15 May 2016 - R 6 - Chair, Mr P Knowles
charge:
facts:
Following the running of race 6, the Property Brokers Mobile Pace, an information was filed by Stipendiary Steward Mr S Wallis against Mr S McNally, alleging that near the 1250m Mr McNally (WOBBEGONG) drove carelessly by striking the sulky of CLAREDON FALCON (Miss J Young) causing the tyre of WOBBEGONG to puncture.
Mr McNally admitted the breach and appeared at the hearing.
Rule 869 (3) (b provides as follows:
(3) No horseman in any race shall drive: -
(b) carelessly;
Stipendiary Steward Mr R Quirk, using the videos, pointed out the relevant positions of Mr McNally and Miss Young prior to and at the point of the alleged incident. Mr Wallis stated that Mr McNally (WOBBEGONG) was racing three wide without cover and was improving forward to take up the parked out position. When he crossed over in front of Miss Young (CLARENDON FALCON) he was not sufficiently clear. This resulted in the inside leg of CLAREDON FALCON striking the tyre on the sulky of WOBBEGONG which deflated instantly. Mr Wallis said that the video was not clear where the impact actually happened, but he heard a significant bang from the stand and estimated that the contact was made about 1100 meters to run. Mr Wallis said that Mr McNally confirmed to him that that was where the contact was made. WOBBEGONG had continued in the race and finished sixth.
Mr McNally said his horse was hanging in prior to the incident but had stopped hanging prior to the point of contact. Mr McNally added that WOBBEGONG had relaxed slightly as it was crossing and that Miss Young’s horse had got keen. It was a minor misjudgement on his part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNally had admitted the breach it was found to be proved.
sumissionsforpenalty:
Mr Wallis told the Committee that Mr McNally is a busy driver. He has had 165 drives this season prior to today’s meeting. Mr McNally has a clean record over the past 12 months. The JCA Penalty Guide recommended a starting point of a 10-day suspension or a fine of $500. Mr Wallis stated that in view of Mr McNally’s very good record, had admitted the breach in the first instance, and the breach was at the low end of the scale, the Stewards would be seeking a fine of $300.
Mr McNally said he had openly admitted the breach of the rule, had a clean record and that the mitigating factors would be in his favour. The margin of his error was minimal and that the incident was a minor misjudgement. He believed that a fine of $200 would be severe enough for the nature of the incident.
reasonsforpenalty:
Mr McNally admitted the breach and has an excellent record. Both parties acknowledge that the incident was minor. The committee agrees that the incident itself was so minor that the Stewards were only alerted to it because of the noise, a “significant bang”, at the point of impact. There is nothing on the video to support the incident. Mr McNally’s horse competed in the race and finished in sixth placing and there was no interference to Miss Young’s horse or any other runner.
The JCA Penalty Guide recommends a starting point of a 10-day suspension or a fine of $500. Mr Wallis submitted a fine of $300 and Mr McNally a fine of $200.
We give Mr McNally credit for his early admission and his excellent record. The incident was minor and did not appear to affect the chances of WOBBEGONG. A fine proportionate to the incident is appropriate.
penalty:
Mr McNally is fined $250.
hearing_type: Hearing
Rules: Careless driving
Informant: Mr S Wallis - Stipendiary Steward, Mr R Quirk - Stipendiary Steward
JockeysandTrainer: Mr S McNally - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 75e4495d11290dd15f6c2305ec6affe8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 395b46d1d69ffffe91043adbbf48aaaa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/05/2016
meet_title: Timaru HRC - 15 May 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: GClapp
meet_pm2: none
name: Timaru HRC