Marlborough HRC 15 January 2021 - R 9 - Chair, Mr D Anderson

Created on 18 January 2021

Rules:

869(3)(b)

Committee:

DAnderson (chair)
LYong

Name(s):

Mr J Morrison - Junior Driver

Informant

Mr P Williams - Stipendiary Steward

Information Number

A13633

Plea:

Admitted

Charge:

Careless Driving

Evidence:

Following the running of Race 9, an Information was filed by Stipendiary Steward, Mr Williams, against Junior Driver, Mr J Morrison alleging that “J Morrison (CHAMPAGNEANDWINE) drove carelessly near the 300 metres when allowing his horse to strike the sulky wheels of PERAKI REACTOR and BOOM which both punctured”.

Mr Morrison signed the Information admitting the breach, and stated he understood the Rule.

Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly

Mr Williams used the race video to identify Mr Morrison driving CHAMPAGNEANDWINE in the trailing position at approximately the 300-metre mark. He pointed to Mr Morrison shift his horse out from the back of PERAKI REACTOR (T Williams) who was tiring, strike its off-side wheel which punctured and then just a few strides later clip BOOM’S (R May) wheel, which also punctured. Mr Williams showed the contact to both wheels close up and in slow motion.

Mr Morrison told the Committee his horse was “travelling” to the extent its back hoofs were touching its own sulky wheels making it increasingly difficult to control.

Decision:

Mr Morrison having admitted the breach, the charge is proved.

Submission For Penalty:

Mr Williams said Mr Morrison has a clear record under this Rule and has admitted the breach at the earliest opportunity. He said the Stewards acknowledge Mr Morrison’s horse was up on the bit but that more care is required when shifting ground in those circumstances.

Mr Williams said the Stewards were seeking a fine of no less than $250 as penalty for this breach.

Reasons For Penalty:

The JCA penalty Guidelines for the Rule provides a starting point of a $300 fine or a 6-drive suspension any time a driver hits a wheel. The Committee’s assessment of the breach is that a fine is appropriate.

The mitigating factors are Mr Morrison’s admission of the breach and his good record.

There are no aggravating factors. The Committee having regard for the above factors, considered a $250 fine as an appropriate penalty in this case.

Penalty:

Accordingly, Mr Morrison is fined $250.

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