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NZ Metropolitan TC 13 November 2020 - R 1 - Chair, Mr D Anderson

Created on 15 November 2020

Rules:
869(3)(b)
Committee:
DAnderson (chair)
SChing
Name(s):
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A12391
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 1, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Open Driver, Mr J Cox, alleging that “you drove carelessly when permitting your drive to shift ground outwards when not clear of MISS CRAZED near the 350 metres which broke.”

Mr Cox confirmed that he understood the Rule he was being charged with and confirmed he did admit the breach.

Rule 869 provides as follows:
(2) No horseman in any race shall drive: -
(b) carelessly

Mr Ydgren used the race films to identify Mr Cox and SHOW ME THE GRAY racing 3 back and 1 out at approximately the 300 metres.

Mr Ydgren showed the available videos and pointed to where Mr Cox shifted out 3 wide onto MAJESTIC CHICK’S back when not sufficiently clear of MISS CRAZED (M Williamson). He pointed to where contact was made, resulting in MISS CRAZED galloping and losing its chance.

Mr Cox chose not to comment on the incident.

Decision:

As the charge was admitted, it was found proved.

Submission For Penalty:

Mr Ydgren said this was Mr Cox’s second recent breach. This previous breach resulted in a fine of $250 at Invercargill on 8 November. He said the aggravating factor was MISS CRAZED and Mr Williamson’s chances were ruined. He said Mr Cox has been, as always, very professional to deal with. Considering this being a mid-range breach and Mr Cox’s admission the Stewards were seeking a 3-day suspension as Penalty.

Mr Cox made no submissions on penalty.

Reasons For Penalty:

The JCA Penalty Guide provides for a 3-day suspension for a second breach within 6 months.

The aggravating factor is MISS CRAZED galloped and lost her chance.

In mitigation Mr Cox has admitted the breach.

Deferment was discussed but not required by Mr Cox.

Considering the above factors, the Committee find a 3-day suspension is an appropriate penalty in this case.

Penalty:

Mr Cox’s Open Driver’s Licence is suspended from after racing on 15 November up to and including racing on 21 November 2020.

Meetings encompassed in this suspension are:
Rangiora - 18 November
Winton - 19 November
Oamaru - 21 November 2020.

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