Timaru HRC 5 January 2018 – R 10 – Chair, Mr D Anderson
ID: JCA15120
Meet Title:
Timaru HRC - 5 January 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
SChing
Race Date:
2018/01/05
Race Number:
R 10
Decision:
As Mr Hutton admitted the breach the charge was found to be proved.
Penalty:
We therefore suspend Mr Hutton’s licence to drive from the conclusion of racing today 5th January 2018 up to and including racing on 6th March 2018. Mr Hutton is also fined $200.
Facts:
Following the running of Race 10, the NEVELE R STUD MOBILE PACE, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869 (3) (b) by Open Horseman, Mr B Hutton. The Information stated that “you were careless over the final stages when allowing your runner to shift inwards and contact pylons causing it to break”.
Rule 869 provides as follows:
(2) No horseman in any race shall drive: -
(b) carelessly
Mr Hutton signed the Information stating he admitted the breach and confirmed this at the hearing. He also confirmed to the Committee he understood the rule with which he was being charged.
Mr Renault used the race video, with the assistance of Mr Wallis, to identify Mr Hutton driving (3) MAKE UP ARTIST over the last 200 metres of the race. He pointed to Mr Hutton gaining a run approximately 3 wide and into clear racing room to the inside of the leading horses. Then under a vigorous drive allowed his horse to shift inwards contacting three pylons, the last of which his horse jumped, causing it to gallop into the infield. Mr Renault said Mr Hutton was making a strong run and in all probability, would have finished in third place instead of eighth, had he not galloped and had to take hold.
Mr Hutton said “the video was a very bad look for the public and the punters and he took full responsibility for the incident.” He told the Committee the horse was difficult at home and at its first start last week. He had made gear changes and together with the soft track the mare made a surprising turnaround. He emphasised to the Committee visibility was bad due to the wet track and he was finding it difficult to see.
The Committee asked if there were any other drivers who had problems with visibility and if this would be a legitimate excuse. Mr Renault responded by saying that no other driver had encountered problems and the track although wet had improved for the last few races.
Submissions for Penalty:
Mr Renault stated that Mr Hutton drives very infrequently having had 4 drives last season with today’s drive being his 4th this season. Mr Renault said that the Stewards saw this breach toward the high end. Mr Hutton was not aware of his position on the track and this incident had cost punters, and the owners, of which Mr Hutton is one, a third placing. He referred to the JCA Penalty Guide for a breach of this rule being a $500 fine or a 10- drive suspension and would expect an uplift of this starting point. He said Mr Hutton would also deserve some mitigation for his admission and his good record under this rule although he hasn’t driven in many races this season. He felt a fine of $400 would be an appropriate penalty but added that Mr Hutton would prefer a suspension.
Mr Hutton submitted that he wasn’t in a position to pay a substantial fine. He reiterated that he had trouble seeing, his horse had surprised him and felt a $300 fine was manageable and fair. Failing that he said a suspension would be preferred but was concerned how long it would be.
After more discussion Mr Ydgren stated that perhaps a combination of a fine and a suspension may be considered as penalty.
Mr Renault said that in this case a period of suspension should be considered rather than days as Mr Hutton drives so infrequently.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $500 fine or a 10-drive suspension for this rule. This Committee agrees that this breach is in the high range.
The aggravating factor in this case was that Mr Hutton’s actions which resulted in the loss of 3rd placing, which was conceded by Mr Hutton.
The mitigating factors are Mr Hutton's record and his frank admission.
Due to the minimal drives that Mr Hutton normally has the Committee determined that a combined fine and suspension was an appropriate penalty in this case.
The Committee, in coming to a meaningful penalty, determined that a combined penalty of a $200 fine and a period of suspension being 2 months, is 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: 6b703ee15cd835c49ae0082ac0105777
informantnumber: A09878
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 08/01/2018
hearing_title: Timaru HRC 5 January 2018 - R 10 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 10, the NEVELE R STUD MOBILE PACE, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869 (3) (b) by Open Horseman, Mr B Hutton. The Information stated that “you were careless over the final stages when allowing your runner to shift inwards and contact pylons causing it to break”.
Rule 869 provides as follows:
(2) No horseman in any race shall drive: -
(b) carelessly
Mr Hutton signed the Information stating he admitted the breach and confirmed this at the hearing. He also confirmed to the Committee he understood the rule with which he was being charged.
Mr Renault used the race video, with the assistance of Mr Wallis, to identify Mr Hutton driving (3) MAKE UP ARTIST over the last 200 metres of the race. He pointed to Mr Hutton gaining a run approximately 3 wide and into clear racing room to the inside of the leading horses. Then under a vigorous drive allowed his horse to shift inwards contacting three pylons, the last of which his horse jumped, causing it to gallop into the infield. Mr Renault said Mr Hutton was making a strong run and in all probability, would have finished in third place instead of eighth, had he not galloped and had to take hold.
Mr Hutton said “the video was a very bad look for the public and the punters and he took full responsibility for the incident.” He told the Committee the horse was difficult at home and at its first start last week. He had made gear changes and together with the soft track the mare made a surprising turnaround. He emphasised to the Committee visibility was bad due to the wet track and he was finding it difficult to see.
The Committee asked if there were any other drivers who had problems with visibility and if this would be a legitimate excuse. Mr Renault responded by saying that no other driver had encountered problems and the track although wet had improved for the last few races.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hutton admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Renault stated that Mr Hutton drives very infrequently having had 4 drives last season with today’s drive being his 4th this season. Mr Renault said that the Stewards saw this breach toward the high end. Mr Hutton was not aware of his position on the track and this incident had cost punters, and the owners, of which Mr Hutton is one, a third placing. He referred to the JCA Penalty Guide for a breach of this rule being a $500 fine or a 10- drive suspension and would expect an uplift of this starting point. He said Mr Hutton would also deserve some mitigation for his admission and his good record under this rule although he hasn’t driven in many races this season. He felt a fine of $400 would be an appropriate penalty but added that Mr Hutton would prefer a suspension.
Mr Hutton submitted that he wasn’t in a position to pay a substantial fine. He reiterated that he had trouble seeing, his horse had surprised him and felt a $300 fine was manageable and fair. Failing that he said a suspension would be preferred but was concerned how long it would be.
After more discussion Mr Ydgren stated that perhaps a combination of a fine and a suspension may be considered as penalty.
Mr Renault said that in this case a period of suspension should be considered rather than days as Mr Hutton drives so infrequently.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a $500 fine or a 10-drive suspension for this rule. This Committee agrees that this breach is in the high range.
The aggravating factor in this case was that Mr Hutton’s actions which resulted in the loss of 3rd placing, which was conceded by Mr Hutton.
The mitigating factors are Mr Hutton's record and his frank admission.
Due to the minimal drives that Mr Hutton normally has the Committee determined that a combined fine and suspension was an appropriate penalty in this case.
The Committee, in coming to a meaningful penalty, determined that a combined penalty of a $200 fine and a period of suspension being 2 months, is an appropriate penalty in this case.
penalty:
We therefore suspend Mr Hutton’s licence to drive from the conclusion of racing today 5th January 2018 up to and including racing on 6th March 2018. Mr Hutton is also fined $200.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr B Hutton - Open Driver
Otherperson: Mr S Wallis - Stipendiary Steward, Mr N Ydgren - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ae5d8183bfc89522c7d687479e1af782
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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meetid: 727a8ddb5855c05a34d31bebfbb4673a
meet_expapproval:
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/01/2018
meet_title: Timaru HRC - 5 January 2018
meet_expappcomment:
meet_km:
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tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: SChing
meet_pm2: none
name: Timaru HRC