Central Otago TC 2 January 2018 – R 10 – Chair, Prof G Hall
ID: JCA10516
Meet Title:
Central Otago TC - 2 January 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/01/02
Race Number:
R 10
Decision:
As Mr Anderson has admitted the breach, we find the breach proved.
Penalty:
Balancing these factors, we impose a fine at the starting point in the Penalty Guide of $200.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Anderson (WESTAR SAM) drove in a manner likely to cause interference in race 10 the FULTON HOGAN/WEDDERBURN TAVERN MOBILE PACE when striking the wheel of LIVING LEGEND (D Dunn) near the 100 metres.
Rule 869(4) provides:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse and its progress.
Mr Anderson indicated on the signed information that he admitted the breach and did not wish to be present. The Stipendiary Stewards informed us that he had had the assistance of a senior horseman, Mr R McIlwrick, at this time.
Mr McIntyre, General Manager Stewards, demonstrated on the videos that the respondent, who was 3 back on the fence, was travelling “quite well” and came out late in the straight looking for a run. In so doing, Mr Anderson attempted a run to the outside of Mr D Dunn and hit Mr Dunn’s outside wheel. He said the respondent had simply misjudged his shift.
We asked Mr Tidmarsh whether Mr Anderson had proffered any explanation. He said Mr Anderson agreed he had hit the wheel and had questioned whether Mr Dunn had shifted out. We viewed the videos again and were satisfied that any move by Mr Dunn was marginal, at best, and had no bearing on the incident.
Submissions for Penalty:
Mr Tidmarsh produced the respondent’s record, which was clear under this rule. The starting point in the Penalty Guide for striking a wheel is $200 and he submitted this was the appropriate penalty.
Reasons for Penalty:
Mr Anderson has come out fairly abruptly looking for a run and has come into contact with the wheel of the cart of Mr Dunn. It was not a slow, gradual shift. The only horse affected by the respondent’s actions was his own and then only briefly. WESTAR SAM paced roughly for a few strides, losing a little momentum in the process. He finished third in the race and it is unlikely that the horse would have finished in a better placing had the incident not occurred. The breach is thus towards the lower end of the scale, although it was perhaps simply fortuitous that the chances of the two horses were not affected.
Mr Anderson is a busy junior driver with 110 drives this season and 209 last season. He has admitted the breach. His record under this rule is clear although we observe a breach of the more serious careless driving rule on 23 September last.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 0017011dddbb4367abaafb26a5df0fe1
informantnumber: A9792
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference
plea: admitted
penaltyrequired: 1
decisiondate: 03/01/2018
hearing_title: Central Otago TC 2 January 2018 - R 10 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Anderson (WESTAR SAM) drove in a manner likely to cause interference in race 10 the FULTON HOGAN/WEDDERBURN TAVERN MOBILE PACE when striking the wheel of LIVING LEGEND (D Dunn) near the 100 metres.
Rule 869(4) provides:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse and its progress.
Mr Anderson indicated on the signed information that he admitted the breach and did not wish to be present. The Stipendiary Stewards informed us that he had had the assistance of a senior horseman, Mr R McIlwrick, at this time.
Mr McIntyre, General Manager Stewards, demonstrated on the videos that the respondent, who was 3 back on the fence, was travelling “quite well” and came out late in the straight looking for a run. In so doing, Mr Anderson attempted a run to the outside of Mr D Dunn and hit Mr Dunn’s outside wheel. He said the respondent had simply misjudged his shift.
We asked Mr Tidmarsh whether Mr Anderson had proffered any explanation. He said Mr Anderson agreed he had hit the wheel and had questioned whether Mr Dunn had shifted out. We viewed the videos again and were satisfied that any move by Mr Dunn was marginal, at best, and had no bearing on the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Anderson has admitted the breach, we find the breach proved.
sumissionsforpenalty:
Mr Tidmarsh produced the respondent’s record, which was clear under this rule. The starting point in the Penalty Guide for striking a wheel is $200 and he submitted this was the appropriate penalty.
reasonsforpenalty:
Mr Anderson has come out fairly abruptly looking for a run and has come into contact with the wheel of the cart of Mr Dunn. It was not a slow, gradual shift. The only horse affected by the respondent’s actions was his own and then only briefly. WESTAR SAM paced roughly for a few strides, losing a little momentum in the process. He finished third in the race and it is unlikely that the horse would have finished in a better placing had the incident not occurred. The breach is thus towards the lower end of the scale, although it was perhaps simply fortuitous that the chances of the two horses were not affected.
Mr Anderson is a busy junior driver with 110 drives this season and 209 last season. He has admitted the breach. His record under this rule is clear although we observe a breach of the more serious careless driving rule on 23 September last.
penalty:
Balancing these factors, we impose a fine at the starting point in the Penalty Guide of $200.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr M Anderson - Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1b141ba5d3246bf54e59ae59824370df
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2b956f06e0fc9f2d7fc818e1f8a906b3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/01/2018
meet_title: Central Otago TC - 2 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: central-otago-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Central Otago TC