Tuapeka HRC 25 October 2015 – R9 – Chair, Prof G Hall
ID: JCA15791
Meet Title:
Tuapeka HRC - 25 October 2015
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2015/10/25
Race Number:
R9
Decision:
Mr Telfer has admitted the breach, which we thus find proved in accordance with r 1111(1)(d).
Penalty:
Mr Telfer is suspended from driving from the end of today up to and including 12 November. Mr Telfer does not drive south of Dunedin and we have calculated these to be the equivalent of 5 Otago/Canterbury days.
Facts:
----
Mr Allison alleged that in race 9 the PANSPACIFICFLIGHT AT MACCA LODGE PACE, Mr Telfer (BOOMER BAILEY) shifted ground inwards when not clear of CANNDEW (P Davis) causing Mr Telfer to be dislodged after contacting CANNDEW passing the 2000 metres.
Mr Allison demonstrated on the videos that some 200 metres after the start and as the field approached the bend out of the main straight for the first time Mr Telfer, who had started at 5 from the stand, commenced to move downwards on the track and in so doing he came into contact with CANNDEW. The consequence was that Mr Telfer was dislodged from his sulky and, as he courageously kept hold of the reins, he was dragged along the track for some 60-70 metres before BOOMER BAILEY was eventually restrained as it nearer the outside fence. The majority of the field was disrupted in this incident, with horses’ chances being affected to varying degrees. The worst affected was THE PERSUADER (Mr B Williamson) which simply ran out of room as BOOMER BAILEY came across the track towards the outside fence, and had to be restrained.
There was no obvious reason for Mr Telfer to come into contact with CANNDEW. There was no pressure from his outside. It appeared he was intent on following I’VE GOT A STAR to the pole line and simply was unaware Mr Davis was to his inside until it was too late. Mr Davis, who had been pushing his horse up to maintain his position, tried to restrain CANNDEW but he was forced over pylons and there was nothing he could do to avoid contact with BOOMER BAILEY.
Mr Telfer stated he accepted he had come across but he had believed he was clear of Mr Davis. He said he did not see Mr Davis until the last minute and by then it was too late. Mr Telfer was very forthright in his admission of the breach, stating he accepted he had made a bad mistake.
Submissions for Penalty:
----
Mr Allison identified the only mitigating factor of the breach itself to be that Mr Davis’s horse was over-racing a little. He emphasised, however, that Mr Davis was entitled to be where he was and that the respondent should have seen him. Mr Davis had been on the pole for some time and Mr Telfer had simply continued across until he came into contact. Seven horses were checked in the incident, and one put out of the race completely.
Mr Allison produced the respondent’s record which was clear for both this and the previous season.
Mr Telfer does not drive frequently, with his having 34 drives last season and 9 this. He has had 271 life-time drives.
Mr Telfer stated that he had 2 horses in racing trim and another 4 in work. He just drove his own horses.
Reasons for Penalty:
----
We regard this breach as towards the higher end of the scale. Mr Telfer has shifted in when not clear, has made contact with another horse, and has been dislodged from his sulky. Mr Telfer did extremely well to keep hold of BOOMER BAILEY, but the consequences of his actions, nevertheless, were that many horses, over half the field in fact, had their chances affected to varying degrees. The Penalty Guide recommends a starting point of 10 drives. We uplift this to 14 due to the gravity of the breach and the culpability of Mr Telfer, in that there was never pressure from his outside, when he commenced or continued his inwards movement. Mr Davis should have been seen by Mr Telfer. He was not.
The mitigating factors are Mr Telfer's excellent record and his open and honest admission of the breach. These merit a four day reduction in penalty.
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: d1e2d4f072aad07f9e6aee35bf0bf9ae
informantnumber: A1431
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 26/10/2015
hearing_title: Tuapeka HRC 25 October 2015 - R9 - Chair, Prof G Hall
charge:
facts:
----
Mr Allison alleged that in race 9 the PANSPACIFICFLIGHT AT MACCA LODGE PACE, Mr Telfer (BOOMER BAILEY) shifted ground inwards when not clear of CANNDEW (P Davis) causing Mr Telfer to be dislodged after contacting CANNDEW passing the 2000 metres.
Mr Allison demonstrated on the videos that some 200 metres after the start and as the field approached the bend out of the main straight for the first time Mr Telfer, who had started at 5 from the stand, commenced to move downwards on the track and in so doing he came into contact with CANNDEW. The consequence was that Mr Telfer was dislodged from his sulky and, as he courageously kept hold of the reins, he was dragged along the track for some 60-70 metres before BOOMER BAILEY was eventually restrained as it nearer the outside fence. The majority of the field was disrupted in this incident, with horses’ chances being affected to varying degrees. The worst affected was THE PERSUADER (Mr B Williamson) which simply ran out of room as BOOMER BAILEY came across the track towards the outside fence, and had to be restrained.
There was no obvious reason for Mr Telfer to come into contact with CANNDEW. There was no pressure from his outside. It appeared he was intent on following I’VE GOT A STAR to the pole line and simply was unaware Mr Davis was to his inside until it was too late. Mr Davis, who had been pushing his horse up to maintain his position, tried to restrain CANNDEW but he was forced over pylons and there was nothing he could do to avoid contact with BOOMER BAILEY.
Mr Telfer stated he accepted he had come across but he had believed he was clear of Mr Davis. He said he did not see Mr Davis until the last minute and by then it was too late. Mr Telfer was very forthright in his admission of the breach, stating he accepted he had made a bad mistake.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Telfer has admitted the breach, which we thus find proved in accordance with r 1111(1)(d).
sumissionsforpenalty:
----
Mr Allison identified the only mitigating factor of the breach itself to be that Mr Davis’s horse was over-racing a little. He emphasised, however, that Mr Davis was entitled to be where he was and that the respondent should have seen him. Mr Davis had been on the pole for some time and Mr Telfer had simply continued across until he came into contact. Seven horses were checked in the incident, and one put out of the race completely.
Mr Allison produced the respondent’s record which was clear for both this and the previous season.
Mr Telfer does not drive frequently, with his having 34 drives last season and 9 this. He has had 271 life-time drives.
Mr Telfer stated that he had 2 horses in racing trim and another 4 in work. He just drove his own horses.
reasonsforpenalty:
----
We regard this breach as towards the higher end of the scale. Mr Telfer has shifted in when not clear, has made contact with another horse, and has been dislodged from his sulky. Mr Telfer did extremely well to keep hold of BOOMER BAILEY, but the consequences of his actions, nevertheless, were that many horses, over half the field in fact, had their chances affected to varying degrees. The Penalty Guide recommends a starting point of 10 drives. We uplift this to 14 due to the gravity of the breach and the culpability of Mr Telfer, in that there was never pressure from his outside, when he commenced or continued his inwards movement. Mr Davis should have been seen by Mr Telfer. He was not.
The mitigating factors are Mr Telfer's excellent record and his open and honest admission of the breach. These merit a four day reduction in penalty.
penalty:
Mr Telfer is suspended from driving from the end of today up to and including 12 November. Mr Telfer does not drive south of Dunedin and we have calculated these to be the equivalent of 5 Otago/Canterbury days.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer: Mr G Telfer - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e3ec86a9c6a028b00e7c1917d1c90ac5
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: db19ed10c701481fb49ec1d9362f1d9b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/10/2015
meet_title: Tuapeka HRC - 25 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: tuapeka-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Tuapeka HRC