Archive Decision

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Winton HRC 28 February 2015 – R 3

ID: JCA15054

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mr R C Rogers - Junior Horseman

Other Person:
Mr A F Hunter - Mr Rogers' employer

Information Number:
A1410

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Winton HRC - 28 February 2015

Meet Chair:
NSkelt

Meet Committee Member 1:
PKnowles

Race Date:
2015/02/28

Race Number:
R 3

Decision:

Mr Rogers having admitted the breach the charge was found proved.

Penalty:

Mr Rogers was fined the sum of $200.00.

Facts:

Following the running of Race 3 the RMC Reliance Worldwide Mobile Pace, an information was filed by Stipendiary Steward Mr C J Allison against Junior Horseman Mr R C Rogers alleging that Mr Rogers, as the driver of SHARK ALI in the race, allowed his horse to strike the sulky wheel of PAULA’S ON FIRE (Mrs K Barclay) causing SHARK ALI to break then subsequently fall near the 200 metre mark.

Mr Rogers was present at the hearing of the information and indicated he admitted the charge.

Rule 869 provides as follows:

(3) No horseman shall in any race drive
(b) carelessly

Mr Allison showed video replays of the incident highlighting several angles. Approaching the home straight SHARK ALI was placed in the one/one position. Mr Rogers shifted outwards slightly on entering the straight and attempted to improve into a half gap available between the leading horse DISSOLUTION (J Cox) and PAULA’S ON FIRE (K Barclay).

Mr Allison stated that the gap was there but it was too tight for Mr Rogers to come through, he attempted to take evasive action and pull out but it was too late, with the horse hitting the sulky wheel, breaking, and eventually falling about the 200m mark.

Mr Allison said that the horse had no significant injuries.

Mr Rogers agreed with the evidence put forward by Mr Allison and simply stated he had made an error of judgement.

Mr Hunter, who is Mr Rogers’ employer, stated it was Mr Rogers' inexperience that had caused the incident and that he would be spending some time with Mr Rogers going over the incident and highlighting better options he could have taken.

Submissions for Penalty:

Mr Allison informed the committee that Mr Rogers’ record was clear and that Mr Rogers had eight lifetime drives.

Mr Allison submitted that Mr Rogers had made a simple error of judgement, no other runner had been affected by Mr Rogers' action, although his horse had fallen as a result of it.

Mr Allison stated that Mr Rogers should be given credit for his early admission of the charge, which he believes to be at the lower end of carelessness.

Reasons for Penalty:

The committee has viewed the films which are very clear, showing Mr Rogers has made a simple error of judgement and has not reacted quickly enough to prevent the incident.

In determining penalty the committee had regard to the starting point of a $400 fine for a breach of the rule as provided in the penalty guide.

Mr Rogers is a Junior Horseman who has had limited opportunities. We give him credit for his clear record, early admission of the breach and that the degree of carelessness was at the lower end. A fine at the lower end of the scale 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: a02dbba716aa59c8048e6e51b6e815b1


informantnumber: A1410


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 02/03/2015


hearing_title: Winton HRC 28 February 2015 - R 3


charge:


facts:

Following the running of Race 3 the RMC Reliance Worldwide Mobile Pace, an information was filed by Stipendiary Steward Mr C J Allison against Junior Horseman Mr R C Rogers alleging that Mr Rogers, as the driver of SHARK ALI in the race, allowed his horse to strike the sulky wheel of PAULA’S ON FIRE (Mrs K Barclay) causing SHARK ALI to break then subsequently fall near the 200 metre mark.

Mr Rogers was present at the hearing of the information and indicated he admitted the charge.

Rule 869 provides as follows:

(3) No horseman shall in any race drive
(b) carelessly

Mr Allison showed video replays of the incident highlighting several angles. Approaching the home straight SHARK ALI was placed in the one/one position. Mr Rogers shifted outwards slightly on entering the straight and attempted to improve into a half gap available between the leading horse DISSOLUTION (J Cox) and PAULA’S ON FIRE (K Barclay).

Mr Allison stated that the gap was there but it was too tight for Mr Rogers to come through, he attempted to take evasive action and pull out but it was too late, with the horse hitting the sulky wheel, breaking, and eventually falling about the 200m mark.

Mr Allison said that the horse had no significant injuries.

Mr Rogers agreed with the evidence put forward by Mr Allison and simply stated he had made an error of judgement.

Mr Hunter, who is Mr Rogers’ employer, stated it was Mr Rogers' inexperience that had caused the incident and that he would be spending some time with Mr Rogers going over the incident and highlighting better options he could have taken.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Rogers having admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Allison informed the committee that Mr Rogers’ record was clear and that Mr Rogers had eight lifetime drives.

Mr Allison submitted that Mr Rogers had made a simple error of judgement, no other runner had been affected by Mr Rogers' action, although his horse had fallen as a result of it.

Mr Allison stated that Mr Rogers should be given credit for his early admission of the charge, which he believes to be at the lower end of carelessness.


reasonsforpenalty:

The committee has viewed the films which are very clear, showing Mr Rogers has made a simple error of judgement and has not reacted quickly enough to prevent the incident.

In determining penalty the committee had regard to the starting point of a $400 fine for a breach of the rule as provided in the penalty guide.

Mr Rogers is a Junior Horseman who has had limited opportunities. We give him credit for his clear record, early admission of the breach and that the degree of carelessness was at the lower end. A fine at the lower end of the scale is appropriate.


penalty:

Mr Rogers was fined the sum of $200.00.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer: Mr R C Rogers - Junior Horseman


Otherperson: Mr A F Hunter - Mr Rogers' employer


PersonPresent:


Respondent:


StipendSteward:


raceid: 450d0f3e7bcd3d3b7e57328ed33e1f2d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 351484d435fdcf7ef205230ae91eceba


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/02/2015


meet_title: Winton HRC - 28 February 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: PKnowles


meet_pm2: none


name: Winton HRC