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Rangiora HRC 11 August 2019 - R 7 - Chair, Mr D Anderson

Created on 13 August 2019

Rules:
869(4)
Committee:
DAnderson (chair)
RMcKenzie
Name(s):
Mr C Jones - Junior Driver
Mr S Mulcay - Stipendiary Steward
Informant
Mrs C Tibbs - Stipendiary Steward
Information Number
A11219
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 7, the Warner Donald Junior Driver Mobile Pace, an information was filed by Stipendiary Steward, Mrs C Tibbs, against Junior Driver Mr C Jones alleging “In that he failed to concede his position to KING OF HEROES (M Hurrell) near the 2200m which resulted in RAGNARR breaking and losing considerable ground”.

Mr Jones had signed the Information admitting the breach and he confirmed to the Committee that he had a clear understanding of the careless driving rule.

Mr Mulcay informed the Committee that Mr Jones had declined the offer of assistance from a senior driver for this hearing.

Rule 869(4) provides as follows:

No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

Mrs Tibbs showed the race films to identify Mr Jones driving RAGNARR in last position leaving the home straight soon after the start. She pointed to KING OF HEROES, M Hurrell, who was 3 wide outside RAGNARR and had a good neck advantage on Mr Jones. Mrs Tibbs said as Mr Hurrell directed his horse inwards, as he was entitled to do, Mr Jones chose to resist, but was in no position to do so, resulting in his horse breaking and losing considerable ground.

Mr Jones said the incident was as Mrs Tibbs had described and had nothing to add.

Decision:

Mr Jones having admitted the breach; the charge was found proved.

Submission For Penalty:

Mrs Tibbs said the starting point for a breach of this rule is $250. She said Mr Jones had a clear record and together with his admission deserved a discount from this amount.

Mr Jones said he would accept whatever the Committee decided was an appropriate fine.

Reasons For Penalty:

The JCA penalty Guidelines for the rule provides a starting point of a $300 fine or a 6-drive suspension. The Committee deemed the incident to be low range and agreed a fine is appropriate in this case.

There are no aggravating factors to consider.

The mitigating factors are Mr Jones’ good record, his admission of the breach and his frank and professional manner with which he conducted himself. The Committee note no other runners suffered any interference in the incident.

The Committee having regard for the above factors, considered a $200 fine as an appropriate penalty.

Penalty:

Accordingly, Mr Jones is fined $200.

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