Archive Decision

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Wyndham HRC 5 February 2012 – R 2

ID: JCA16748

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mr A K Black - Open Horseman (TIC TAC BROMAC)

Information Number:
A5977

Hearing Type:
Hearing

Rules:
869(3)(b)No horseman shall drive carelessly.

Plea:
admitted

Meet Title:
Wyndham HRC - 5 February 2012

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2012/02/05

Race Number:
Race 2

Decision:

The charge was found proved.

Penalty:

Mr A K Black was suspended from the conclusion of racing on Sunday 5th February 2012 up to and including the conclusion of racing on March 8th 2012 (effectively 7 Otago/Southland racing days).

In fixing penalty the Committee gave Mr Black credit for his excellent driving record over the previous twelve months and also credit for his early admittance of the breach.

Charge:

At the conclusion of Race 2 the Grinfromeartoear@Alabar Mobile Pace an information A5977 was lodged by Stipendiary Steward Mr C J Allison alleging that with approximately 250 metres to run (Tic Tac Bromac) shifted ground striking the sulky of Regent Somertom (K L Barclay) causing Mrs K L Barclay to be dislodged from the sulky.

Mr Black admitted the breach.

Facts:

Stipendiary Steward Mr Allison showed the Committee several video clips of the alleged incident highlighting in his opinion Mr Black moving out when not sufficiently clear collecting the sulky wheel of Mrs K Barclay's horse (Regent Somertom) causing that horse to break and dislodging Mrs Barclay from the sulky.

Mr Allison also stated that several other horses' chances were affected by the incident, Cruzin No Mistake (A F H Hunter) and Shop Til You Drop (C J Barron).

Submissions for Decision:

Mr A Black stated simply that he had made a bad error of judgement shifting out when he was not sufficiently clear. Mr Black also stated that he anticipated following Mr D Dunn's horse (Breezy River) however this did not eventuate.

Reasons for Decision:

Mr Black by his own admission had stated that he was not sufficiently clear of Mrs Barclay's horse.

The video evidence was also very conclusive and supported Mr Allison's summary of events.

Submissions for Penalty:

Stipendiary Steward Mr Allison stated that Mr Black had a clear driving record over the past twelve months however he also stated that he believed the range of carelessness was at the mid to high end in this instance.

Mr Allison continued to state that Mrs K Barclay had been stood down for the remainder of the races and had lost four driving opportunities.

Mr Allison also stated that Mr Black was an experienced driver and that there was no possibility in him finding a gap on this occasion.

Mr Black stated that he was a family man and that he was not in a position to pay a considerable fine.

Mr Black also stated that he was driving one to two horses currently on race days.

Reasons for Penalty:

The Committee was satisfied that the range of carelessness was mid to high and because of this there was no option but for Mr Black's license to be suspended.

Clearly Mr Black has made a very poor judgement of call and has brought Mrs Barclay's horse down also affecting other horses' chances.

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: db704d075182317440959c170b664e20


informantnumber: A5977


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 02/02/2012


hearing_title: Wyndham HRC 5 February 2012 - R 2


charge:

At the conclusion of Race 2 the Grinfromeartoear@Alabar Mobile Pace an information A5977 was lodged by Stipendiary Steward Mr C J Allison alleging that with approximately 250 metres to run (Tic Tac Bromac) shifted ground striking the sulky of Regent Somertom (K L Barclay) causing Mrs K L Barclay to be dislodged from the sulky.

Mr Black admitted the breach.


facts:

Stipendiary Steward Mr Allison showed the Committee several video clips of the alleged incident highlighting in his opinion Mr Black moving out when not sufficiently clear collecting the sulky wheel of Mrs K Barclay's horse (Regent Somertom) causing that horse to break and dislodging Mrs Barclay from the sulky.

Mr Allison also stated that several other horses' chances were affected by the incident, Cruzin No Mistake (A F H Hunter) and Shop Til You Drop (C J Barron).


appealdecision:


isappeal:


submissionsfordecision:

Mr A Black stated simply that he had made a bad error of judgement shifting out when he was not sufficiently clear. Mr Black also stated that he anticipated following Mr D Dunn's horse (Breezy River) however this did not eventuate.


reasonsfordecision:

Mr Black by his own admission had stated that he was not sufficiently clear of Mrs Barclay's horse.

The video evidence was also very conclusive and supported Mr Allison's summary of events.


Decision:

The charge was found proved.


sumissionsforpenalty:

Stipendiary Steward Mr Allison stated that Mr Black had a clear driving record over the past twelve months however he also stated that he believed the range of carelessness was at the mid to high end in this instance.

Mr Allison continued to state that Mrs K Barclay had been stood down for the remainder of the races and had lost four driving opportunities.

Mr Allison also stated that Mr Black was an experienced driver and that there was no possibility in him finding a gap on this occasion.

Mr Black stated that he was a family man and that he was not in a position to pay a considerable fine.

Mr Black also stated that he was driving one to two horses currently on race days.


reasonsforpenalty:

The Committee was satisfied that the range of carelessness was mid to high and because of this there was no option but for Mr Black's license to be suspended.

Clearly Mr Black has made a very poor judgement of call and has brought Mrs Barclay's horse down also affecting other horses' chances.


penalty:

Mr A K Black was suspended from the conclusion of racing on Sunday 5th February 2012 up to and including the conclusion of racing on March 8th 2012 (effectively 7 Otago/Southland racing days).

In fixing penalty the Committee gave Mr Black credit for his excellent driving record over the previous twelve months and also credit for his early admittance of the breach.


hearing_type: Hearing


Rules: 869(3)(b)No horseman shall drive carelessly.


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer: Mr A K Black - Open Horseman (TIC TAC BROMAC)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 20c9d24e5730c4198aa9c0d2b3a5c072


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1b648189f9e3bffbd38ebd8c84171450


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/02/2012


meet_title: Wyndham HRC - 5 February 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "NSkelt", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Wyndham HRC