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NZ Metro TC 3 August 2018 - R 9 - Chair, Mr S Ching

Created on 06 August 2018

Rules:
869 (3) (b)
Committee:
SChing (chair)
HWeston
Name(s):
S Ottley-Open Horsewoman
Informant
N Ydgren-Chief Stipendiary Steward
Information Number
A09977
Plea:
Admitted
Charge:
Careless driving
Evidence:

Following the running of Race 9, the ‘Donsmedad’ Trot, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Open Horsewoman Miss S Ottley, alleging a breach of Rule 869(3) (b) in that she drove carelessly near the 600m when allowing her horse, MAJESTIC MOMENT, to strike the sulky wheel of UNIQUE MARSHALL, which punctured.

Miss Ottley had endorsed on the Information that this breach of the Rules was admitted. Miss Ottley also confirmed to the hearing that she understood the rule she was being charged with.

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

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

Mr Ydgren gave evidence and used video coverage to show that approaching the 600m Miss Ottley, driving MAJESTIC MOMENT, was racing 2 back in the 2 wide line trailing UNIQUE MARSHALL, driven by Mr M Edmonds, who was in the parked position on 2nd place. He said that Miss Ottley shifted out from behind Mr Edmonds and in doing so made contact with the outside sulky wheel of Mr Edmonds' sulky, puncturing it. Mr Ydgren pointed out on the film, Mr Edmonds, turn and look over his shoulder when his sulky wheel was struck. He also showed the back straight film and pointed out the point of contact with the wheel by MAJESTIC MOMENT'S near fore leg.

Miss Ottley stated that she did not know she had made contact with the sulky wheel of UNIQUE MARSHALL. She said her horse did not falter at all and was unaware of the contact until after the race. She said that she did not believe the incident affected the chances of UNIQUE MARSHALL at all as the horse was beginning to give ground around the time of the contact.

Mr Ydgren added that Miss Ottley was right in that Mr Edmonds began to weaken soon after that point and it was unlikely that Miss Ottley’s driving has had much of a bearing on Mr Edmonds' chances, who finished up a distant last.

Decision:

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

Submission For Penalty:

Mr Ydgren stated that the level of carelessness was low with the consequential effects low as well. Mr Ydgren stated that Miss Ottley has a clear record in regard to this rule and had admitted the breach. He 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. Mr Ydgren submitted that after taking all factors into consideration a fine in the range of $200 to $250 be considered as penalty.

Miss Ottley stated that it was a slight misjudgement and with the carelessness and consequential effects at a low level asked for a minimal fine.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 6-drive suspension or a $300 fine for a mid-range breach of this rule. The Committee agreed with Mr Ydgren that the level of carelessness and consequential effects were at a low level. As this breach was low range, this Committee adopted a starting point of a $250 fine. There were no aggravating factors to consider, therefore no uplift in penalty was warranted. We were, however, able to afford Miss Ottley combined discount for her admission of the breach and her clear record. This discount we set at $50.

We therefore determined that a $200 fine was an appropriate penalty.

Penalty:

Accordingly, Miss Ottley was fined the sum of $200.

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