NZ Metro TC - 1 June 2010 - R 8

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N M Ydgren – Stipendiary Steward

Defendant:  Mr G A Johns – Advanced Amateur Driver

Information No:  68066

Meeting:  New Zealand Metropolitan Trotting Club

Date:  1 June 2010

Venue:  Addington Raceway

Race:  8 – 3 Tab’s – Bishopdale. Bush Inn & Holy Grail Mobile Pace

Rule No:  869(3)(b)

Judicial Committee:  John Phelan, Chairman – J Millar, Committee Member 

Plea:  Admitted

CHARGE:

Stipendiary Steward Mr N. M. Ydgren filed an Information against Advanced Amateur Driver Mr G. A. Johns alleging a breach of Rule 869(3)(b).  It was alleged that Mr Johns, the driver of “Absolutlea” (10), which started in Race 8, the 3 Tab’s – Bishopdale, Bush Inn & Holy Grail Mobile Pace, drove carelessly.

The charge reads as follows.

“I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869(3)(b) in that G. Johns drove carelessly when striking the wheel of     Smooth Operator with 1400m to run causing the trailing Franco Transit to break and           lose all chance.”

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

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

(b)   carelessly..”

FACTS:

Mr Ydgren used video coverage and gave evidence to illustrate that with about 1400 metres to run Mr Johns had allowed his horse to make contact with the horse he was trailing, and as a result the horse that was trailing him received interference, broke, and lost all chance.

Mr Johns had indicated on the information that he admitted this breach of the Rules, and he also agreed that he understood the charge and the Rule it was brought under.

DECISION:

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

SUBMISSIONS ON PENALTY:

In relation to penalty Mr Ydgren advised that Mr Johns had no previous relevant convictions.  Mr Johns said that he would prefer a suspension to a fine.

There were discussions about a suitable term of suspension, and it was established that Mr Johns had two opportunities for drives on the 15 and 29 June 2010.  Mr Johns agreed that a suspension for these two days was a fair penalty. 

REASONS:

We took into account Mr Johns’ guilty plea and his good record.  We were also satisfied that the submissions made by Mr Ydgren as to the length of a suspension was appropriate.

PENALTY:

Accordingly Mr Johns’ Advanced Amateur Driver’s Licence was suspended from after the completion of racing on 1 June 2010 until after the completion of racing on 29 June 2010, this being a two day suspension.

J M Phelan                               J Millar

CHAIR                                     Committee Member

68066