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NZ Metropolitan TC 2 November 2018 - R 6 - Chair, Ms H Weston



869(3)(b)

RACEDAY JUDICIAL COMMITTEE DECISION
Informant:
Mr N Ydgren, Stipendiary Steward
Respondent: Ms A Lethaby, Licensed Driver
Information No: A12413
Meeting: New Zealand Metropolitan Trotting Club
Date: 2 November 2018
Venue: Addington Raceway
Race: 6
Rule No: 869(3)(b)
Judicial Committee: Ms H Weston, Chair - Mr D Jackson, Committee Member
Charge: Careless Driving

Plea: Admitted

FACTS:
Following the running of Race 6, Vivace Coffee Roasting & Lincoln Parish Handicap Trot, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Driver, Ms A Lethaby, alleging that Ms Lethaby, as the driver of WAR MACHINE in the race, “drove carelessly when striking the wheel of ARRAN CHIEF (S O’Reilly) near the 500 metres resulting in WAR MACHINE breaking”.

Ms Lethaby indicated on the information that she admitted a breach of the rule and that she did not wish to be present at the hearing.

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

SUBMISSIONS:

Mr Ydgren showed side on and head on video replays of the incident near the 500 metres. He pointed out WAR MACHINE, driven by Ms Lethaby, travelling at the rear of ARRAN CHIEF, driven by S O’Reilly. Near the 500 metres WAR MACHINE was travelling strong and made contact with the wheel of ARRAN CHIEF and as a consequence WAR MACHINE broke.

DECISION:

Ms Lethaby having admitted the charge, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Ydgren informed the Committee that Ms Lethaby has a clear record for this breach within the last 6 months.

Mr Ydgren referred to the Penalty Guide which suggested a starting point of a 6 drive suspension or $300 for a first breach of the rule.

Mr Ydgren submitted that the consequences for the breach were mid-range in that Ms Lethaby’s horse broke as a result. However, it was accepted that Ms Lethaby’s horse was a difficult drive and had broken in other previous races. The carelessness of the act on this occasion was submitted by Mr Ydgren as low to mid-range.

Mr Ydgren submitted that a $50 mitigation should be allowed for Ms Lethaby’s admission of the breach and for her good record.

REASONS FOR PENALTY:

The committee consider that there are no aggravating factors that require an uplift from the starting point for this charge. A $50 discount is allowed, taking into account the mitigating factors of Ms Lethaby’s record and admissions.

PENALTY:

The committee fines Ms Lethaby $250.

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