Archive Decision
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Timaru HRC 21 November 2010 – R 2
ID: JCA11704
Meet Title:
Timaru HRC - 21 November 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2010/11/21
Race Number:
R 2
Decision:
The charge was found proved.
Penalty:
Mr Anderson was fined the sum of $200.
Charge:
Careless Driving
Facts:
Following the running of Race 2, Monarchy & Brosnan Transport Passing Lane Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R G Anderson, alleging a breach of Rule 869 (3) (b) in that Mr Anderson, as the driver of DRAGONS DEN in the race, “with 1800 metres remaining [he] drove carelessly by attempting to hold his position in the two wide line when he was not entitled to do so. As a result of this carelessness Mr Anderson’s horse DRAGONS DEN galloped”.
Mr Anderson was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr McIntyre showed video replays of the incident with approximately 1800 metres to race. He pointed out Mr Anderson, driving DRAGONS DEN, racing approximately a half length behind and inside of CHANGE OF MIND (S P Walkinshaw), which was racing 3-wide. As the field approached the bend out of the back straight, DRAGONS DEN was not keeping up on the back of PERDITION (R T May). There was no runner on Mr Anderson’s inside. Mr Walkinshaw then attempted to shift Mr Anderson down the track. Mr McIntyre submitted that it was “a slow and gradual movement” and Mr Anderson should have permitted himself to be eased own. However, he permitted his horse to contact the inside sulky wheel of CHANGE OF MIND as a result of which his horse galloped briefly, for 4-5 strides.
Mr Anderson stated that Mr Walkinshaw was entitled to ease him down and had done so. He had been trying to ease out and get onto Mr Walkinshaw’s back. His horse touched the tyre of Mr Walkinshaw’s sulky wheel and broke. The horse did not lose much ground, Mr Anderson said. He submitted that Mr Walkinshaw had contributed in that he “kept coming across”.
Reasons for Decision:
The Committee was satisfied that Mr Anderson had driven carelessly as alleged. It was also noted that Mr Anderson had admitted the breach.
Submissions for Penalty:
Mr McIntyre informed the Committee that Mr Anderson had a clear record under the Rule. In the 2009/2010 season, Mr Anderson had 42 drives and, in the current season to date, has had 4 drives. Mr McIntyre said that it was the Stewards’ view that the breach was at the lower end of the scale of careless driving. He submitted that the appropriate penalty was a fine of $200 or a 2 days’ suspension.
Mr Anderson informed the Committee that he preferred a fine to a term of suspension.
Reasons for Penalty:
In arriving at penalty, the Committee took into account Mr Anderson’s admission of the breach and his previous good record. The Committee also agreed with Mr McIntyre’s submission that the breach was at the lower end of the scale. The breach could be dealt with by way of a fine at the lower end.
JCA Decision Fields (raw)
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hearingid: 29047759c4afa0b7218dde66d1aade05
startdate: no date provided
hearing_title: Timaru HRC 21 November 2010 - R 2
facts:
Following the running of Race 2, Monarchy & Brosnan Transport Passing Lane Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R G Anderson, alleging a breach of Rule 869 (3) (b) in that Mr Anderson, as the driver of DRAGONS DEN in the race, “with 1800 metres remaining [he] drove carelessly by attempting to hold his position in the two wide line when he was not entitled to do so. As a result of this carelessness Mr Anderson’s horse DRAGONS DEN galloped”.
Mr Anderson was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
submissionsfordecision:
Mr McIntyre showed video replays of the incident with approximately 1800 metres to race. He pointed out Mr Anderson, driving DRAGONS DEN, racing approximately a half length behind and inside of CHANGE OF MIND (S P Walkinshaw), which was racing 3-wide. As the field approached the bend out of the back straight, DRAGONS DEN was not keeping up on the back of PERDITION (R T May). There was no runner on Mr Anderson’s inside. Mr Walkinshaw then attempted to shift Mr Anderson down the track. Mr McIntyre submitted that it was “a slow and gradual movement” and Mr Anderson should have permitted himself to be eased own. However, he permitted his horse to contact the inside sulky wheel of CHANGE OF MIND as a result of which his horse galloped briefly, for 4-5 strides.
Mr Anderson stated that Mr Walkinshaw was entitled to ease him down and had done so. He had been trying to ease out and get onto Mr Walkinshaw’s back. His horse touched the tyre of Mr Walkinshaw’s sulky wheel and broke. The horse did not lose much ground, Mr Anderson said. He submitted that Mr Walkinshaw had contributed in that he “kept coming across”.
reasonsfordecision:
The Committee was satisfied that Mr Anderson had driven carelessly as alleged. It was also noted that Mr Anderson had admitted the breach.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that Mr Anderson had a clear record under the Rule. In the 2009/2010 season, Mr Anderson had 42 drives and, in the current season to date, has had 4 drives. Mr McIntyre said that it was the Stewards’ view that the breach was at the lower end of the scale of careless driving. He submitted that the appropriate penalty was a fine of $200 or a 2 days’ suspension.
Mr Anderson informed the Committee that he preferred a fine to a term of suspension.
reasonsforpenalty:
In arriving at penalty, the Committee took into account Mr Anderson’s admission of the breach and his previous good record. The Committee also agreed with Mr McIntyre’s submission that the breach was at the lower end of the scale. The breach could be dealt with by way of a fine at the lower end.
penalty:
Mr Anderson was fined the sum of $200.
Informant: Mr N McIntyre, Stipendiary Steward
JockeysandTrainer: R Anderson, Licensed Open Driver
raceid: b7f213fb81ed962ef9e933b320c1e9ed
meetid: 64c4837c4c4506e717a8b73378746719
meet_title: Timaru HRC - 21 November 2010
tracklocation: timaru-hrc
meet_racingtype: harness-racing
