Wairio TC 20 October 2013 – R 5
ID: JCA10847
Meet Title:
Wairio TC - 20 October 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/10/20
Race Number:
R 5
Decision:
Mr Anderson admitted the breach, which we thus find proved.
Penalty:
Mr Anderson’s record is clear under this Rule. He is remorseful and has admitted the breach. He is a junior driver. We believe the gravity of this breach can be met with a fine of $150. It is entirely appropriate that this be paid to Mrs Holmes in order to partially compensate her for Mr Poutama’s airfare.
Charge:
Alleged breach of Rule 507(1)
Facts:
Mr Wallis alleged that Mr Anderson broke an engagement to drive KAYLEA BOLTER in race 5 in order to obtain the drive on SOMNIO DENARIO.
Rule 507(1) provides: “No horseman shall break an engagement to drive a horse.”
Submissions for Decision:
Mr Wallis stated that the respondent had been engaged to drive KAYLEA BOLTER, trained by Mr B Keeler in Race 5, the DRAKE PLUMBING & DRAINLAYING LTD JUNIOR DRIVERS MOBILE PACE, and he broke this engagement to enable himself to drive SOMNIO DENARIO trained by Mr W Adams.
Race 5 was a junior drivers race. Mr Wallis explained that the respondent had taken the drive on KAYLEA BOLTER and that horse had been nominated with Mr Anderson as the driver. Nominations were held open from Monday to Tuesday and on the Monday night Mr Anderson had rung Mr Keeler and said he wished to drive another horse. Mr Adams reluctantly agreed to this, but he was then left with no junior driver for his horse. As there was also a junior drivers race at Rangiora on the same day, it was difficult to find anyone. Ultimately, Mrs Holmes, the wife of the respondent’s employer, came to the rescue and arranged for Mr Poutama to fly south from the North Island. This travel was at her expense.
Mr Wallis also stated that Mr Keeler would not have nominated KAYLEA BOLTER for the junior drivers race had he known the respondent was not able to take the drive.
Mr Anderson agreed with this analysis and explained that he usually drove for Mr Adams, and was Mr Adam’s preferred driver in junior driver races. When the drive on SOMNIO DENARIO became available he felt obligated to take it. He said he had tried to give Mr Keeler as much notice as he possibly could, so Mr Keeler could get another driver. He had also approached Canterbury drivers but they all had drives at Rangiora.
Submissions for Penalty:
Mr Wallis produced the respondent’s record, which was clear under this Rule. He said Mr Anderson had co-operated with the stewards’ inquiry and submitted that a fine in the vicinity of $200 was appropriate. He said it was appropriate to order that all or part of this be paid to Mrs Holmes in accordance with Rule 1114(2A). This Rule gives the committee a broad discretion to order that the whole or any part of any fine imposed be paid to such other person as it thinks fit.
Mr Anderson apologised for his actions and emphasised he had done all he could to find another junior driver for the horse. He accepted his actions were not very professional on this occasion and that Mr Keeler had been placed in a very difficult position. Mr Williamson spoke on the respondent’s behalf and emphasised he was a junior horseman with limited income. He said Mr Anderson had made a mistake by taking a second drive and had been caught out by the fact that other junior drivers were not available.
Reasons for Penalty:
Mr Keeler has nominated his horse in the expectation, indeed understanding, that the respondent would drive it. That same night Mr Anderson has indicated to Mr Keeler that he no longer would drive the horse. No doubt Mr Keeler felt he had no option other than to agree to this. He would have thought it unsatisfactory to have a person driving the horse who did not want to be in the sulky. We accept it is unusual for other junior drivers not be available to take a drive, although Mr Keeler is obviously entitled to have his preferred driver. Mr Anderson’s actions on this occasion, as he has readily accepted, were far from professional, although we accept he did endeavour to find a replacement driver for Mr Keeler.
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: 0e946dbb7cff4697f94ba5339bc38149
informantnumber: A1896
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2013
hearing_title: Wairio TC 20 October 2013 - R 5
charge:
Alleged breach of Rule 507(1)
facts:
Mr Wallis alleged that Mr Anderson broke an engagement to drive KAYLEA BOLTER in race 5 in order to obtain the drive on SOMNIO DENARIO.
Rule 507(1) provides: “No horseman shall break an engagement to drive a horse.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis stated that the respondent had been engaged to drive KAYLEA BOLTER, trained by Mr B Keeler in Race 5, the DRAKE PLUMBING & DRAINLAYING LTD JUNIOR DRIVERS MOBILE PACE, and he broke this engagement to enable himself to drive SOMNIO DENARIO trained by Mr W Adams.
Race 5 was a junior drivers race. Mr Wallis explained that the respondent had taken the drive on KAYLEA BOLTER and that horse had been nominated with Mr Anderson as the driver. Nominations were held open from Monday to Tuesday and on the Monday night Mr Anderson had rung Mr Keeler and said he wished to drive another horse. Mr Adams reluctantly agreed to this, but he was then left with no junior driver for his horse. As there was also a junior drivers race at Rangiora on the same day, it was difficult to find anyone. Ultimately, Mrs Holmes, the wife of the respondent’s employer, came to the rescue and arranged for Mr Poutama to fly south from the North Island. This travel was at her expense.
Mr Wallis also stated that Mr Keeler would not have nominated KAYLEA BOLTER for the junior drivers race had he known the respondent was not able to take the drive.
Mr Anderson agreed with this analysis and explained that he usually drove for Mr Adams, and was Mr Adam’s preferred driver in junior driver races. When the drive on SOMNIO DENARIO became available he felt obligated to take it. He said he had tried to give Mr Keeler as much notice as he possibly could, so Mr Keeler could get another driver. He had also approached Canterbury drivers but they all had drives at Rangiora.
reasonsfordecision:
Decision:
Mr Anderson admitted the breach, which we thus find proved.
sumissionsforpenalty:
Mr Wallis produced the respondent’s record, which was clear under this Rule. He said Mr Anderson had co-operated with the stewards’ inquiry and submitted that a fine in the vicinity of $200 was appropriate. He said it was appropriate to order that all or part of this be paid to Mrs Holmes in accordance with Rule 1114(2A). This Rule gives the committee a broad discretion to order that the whole or any part of any fine imposed be paid to such other person as it thinks fit.
Mr Anderson apologised for his actions and emphasised he had done all he could to find another junior driver for the horse. He accepted his actions were not very professional on this occasion and that Mr Keeler had been placed in a very difficult position. Mr Williamson spoke on the respondent’s behalf and emphasised he was a junior horseman with limited income. He said Mr Anderson had made a mistake by taking a second drive and had been caught out by the fact that other junior drivers were not available.
reasonsforpenalty:
Mr Keeler has nominated his horse in the expectation, indeed understanding, that the respondent would drive it. That same night Mr Anderson has indicated to Mr Keeler that he no longer would drive the horse. No doubt Mr Keeler felt he had no option other than to agree to this. He would have thought it unsatisfactory to have a person driving the horse who did not want to be in the sulky. We accept it is unusual for other junior drivers not be available to take a drive, although Mr Keeler is obviously entitled to have his preferred driver. Mr Anderson’s actions on this occasion, as he has readily accepted, were far from professional, although we accept he did endeavour to find a replacement driver for Mr Keeler.
penalty:
Mr Anderson’s record is clear under this Rule. He is remorseful and has admitted the breach. He is a junior driver. We believe the gravity of this breach can be met with a fine of $150. It is entirely appropriate that this be paid to Mrs Holmes in order to partially compensate her for Mr Poutama’s airfare.
hearing_type: Hearing
Rules: 507(1)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr M Anderson - Junior Driver
Otherperson: Mr N Williamson - Open Horseman assisting Mr Anderson
PersonPresent:
Respondent:
StipendSteward:
raceid: 6dd436cf7d2065cee0071b69b7f7df54
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2d0b322649b0a16eab09896361932900
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/10/2013
meet_title: Wairio TC - 20 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Wairio TC