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Invercargill HRC 8 May 2021 - R 3 - Chair, Mr N Skelt

Created on 11 May 2021

Rules:
869(3)(b)
Committee:
NSkelt (chair)
Name(s):
Mr T Dewe - Junior Driver
Mr B Williamson - assisting Mr Dewe
Miss R Hayley - Stipendiary Steward
Informant
Mr V Munro - Stipendiary Steward
Information Number
A10679
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 3, Waikiwi Tavern Junior Drivers Mobile Race, an Information was lodged by Stipendiary Steward, Mr V Munro against Junior Driver, Mr T Dewe, alleging that Mr Dewe (CALICO HILL) drove carelessly, shifting ground inwards when not sufficiently clear checking JAFFIE J (B. Hill) a tracking runner near the 1900 metres.

Mr Dewe confirmed he understood the Rule, and that he admitted the breach.

Mr Dewe was supported by Mr B Williamson at the hearing.
Rule 869 (3) (B):
No horseman in any race should drive carelessly.

Mr Munro used the various video clips to highlight the incident, identifying Mr Dewe (CALICO HILL) moving inwards when not clear of JAFFIE J (B Hill) causing JAFFIE J to go off stride momentarily.

Mr Munro said Mr Dewe had looked around before moving inwards but had misjudged his inward movement.

Mr Dewe agreed with Mr Munro’s summation.

Mr Williamson added that it was unfortunate that Mr Dewe had made an error of judgement, and that Mr Hill’s inexperience also did not assist in the incident.

Decision:

Mr Dewe having admitted the breach the charge was found charge proved.  

Submission For Penalty:

Mr Munro stated that Mr Dewe had no previous breaches of this Rule and in his opinion this breach was at the low end of carelessness. Mr Dewe has had 148 lifetime drives, 7 last season and 20 this season.

Mr Munro also added the consequences of Mr Dewe’s error of judgement were very minimal. The JCA penalty guide suggests a 10-drive suspension, or a $500 fine. Mr Munro believes a 2 or 3-day suspension would be appropriate.

Mr Dewe requested a deferment of suspension until after the Winton Harness Meeting on the 15 May 2021. He made no further submissions.

Reasons For Penalty:

The Committee considered all of the evidence and submissions presented.

The Committee considered the case as a clear breach of the Rule, Mr Dewe has moved inwards when not sufficiently clear to do so. Affecting the mitigating factors being Mr Dewe excellent record, his early admission of the breach and the breach being at the low end of carelessness.
The consequences of the breach were also minimal.

The Committee in considering these factors find a 2-day suspension as an appropriate penalty in this case.

Mr Dewe is granted a deferment a pursuant to Rule 1304(1).

Penalty:

Accordingly, Mr Dewe’s Junior Driver License is suspended from the conclusion of racing on 15 May 2021 up to and including 27 May 2021.

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