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Amberley TC 6 February 2019 - R 1 - Chair, Mr S Ching

Created on 11 February 2019

Rules:
869(3)(b)
Committee:
SChing (chair)
RMcKenzie
Name(s):
Mr R Close - Open Horseman
Informant
Mrs C Tibbs - Stipendiary Steward
Information Number
A11203
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 1, the Cavalier Trotting Products-North Canterbury Trotting Trot, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Open Horseman, Mr R Close, alleging a breach of Rule 869(3)(b) in that he drove carelessly when shifting outwards making contact with the sulky wheel of FLYING MONKEY which consequently punctured.

Mr Close had endorsed on the Information that this breach of the Rules was admitted. Mr Close had also endorsed the information that he did not wish to be present at the hearing.

Rule 869(3)(b) reads as follows:

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

Mrs Tibbs gave evidence and used video coverage to show that approaching the 700m Mr Close, driving CABELLA NOIR, was racing midfield and trailing FLYING MONKEY, driven by Mrs A Lethaby. She said that Mr Close shifted out from behind Mrs Lethaby and in doing so made contact with the outside sulky wheel of Mrs Lethaby’s sulky, puncturing it. Mrs Tibbs stated that the films did not show contact but that Mrs Lethaby was adamant that her wheel was struck by Mr Close's drive, CABELLA NOIR. Mrs Tibbs added that Mrs Lethaby was of the opinion that the deflated tyre had affected her chances of finishing in 4th place.

Decision:

As Mr Close had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mrs Tibbs stated that Mr Close had a clear record in regard to this rule and had admitted the breach. She stated that the JCA Penalty Guide provided a $300 fine or a 6-drive suspension for a mid-range breach of this rule where a driver strikes a wheel. Mrs Tibbs submitted that an uplift in penalty be considered due to the aggravating factor of possibly costing Mrs Lethaby a higher place. She submitted that after taking all factors into account, a fine of $250 be considered as penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 6-drive suspension or a $300 fine for a breach of this rule. This Committee disagreed with Mrs Lethaby, that her chances where affected to such a degree, that she may have finished in a higher placing. In taking this stance we noted that the margin between 4th and 5th was 1½ lengths. We therefore determined that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We were, however, able to afford Mr Close combined discount for his admission of the breach and his clear record. This combined discount we set at $50.

We therefore determined that a $250 fine was an appropriate penalty.

Penalty:

Accordingly, Mr Close was fined the sum of $250.

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