Manawatu HRC 17 March 2011 – R 9 (heard Palmerston North 20 March 2011)
ID: JCA10779
Meet Title:
Manawatu HRC - 17 March 2011
Meet Chair:
TCastles
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/03/17
Race Number:
R 9
Decision:
Mr. Small the charge is dismissed.
Charge:
Alleged breach of Rule 869(4)(6)(b)(c).
Facts:
Reconvened hearing to Information 69422. Held after the last race at Manawatu Harness Racing Club race meeting on Sunday 20 March 2011.
Submissions for Decision:
At the request of Mr. Small the rules were read again and he confirmed he understood the rule and did not admit the breach.
Mr. Taumanu and Mr. Renault (Stipendiary Steward) took the committee through all available films of the alledged incident.
Mr. Renault informed the committee at approximately the 1300 metre mark, Mr. Dunn driving 'Lightening Raider' was travelling at the back of the field. On his inside but travelling ahead was 'Mighty Creation' (Mr. Small). In front of those two horses were horses driven by Mr. B. Manos and Mr. J. Curtin respectively.
Both Mr. Small and Mr. Dunn were perfectly entitled to be where they were. Mr. Mangos travelling in 3rd to last place initiated a move and at the same time both Mr. Small travelling behind Mr. Mangos and Mr. Dunn who was travelling 3 wide started a forward movement. He believed that this forced Mr. Dunn outwards and to travel 4 wide.
Mr. Taumanu quoted rule 869 (6) (b) which states: "A horse making a forward movement during any race shall not be forced to race wider on the track" and (c) "A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past."
Mr. Small then questioned Mr. Taumanu on the interpretation of the rule and asked if Mr. Dunn was not making forward progress at the time he moved out was he entitled to take the course of action he took. Mr. Taumanu agreed that if Mr. Dunn was not making forward progress Mr. Small was entitled to move forward. Mr. Small commented that this was the crux of the matter.
Mr. Taumanu told the committee that he had no other comment to make as the driver of 'Lighting Raider' (Mr. Dunn) was driving at the harness meeting down south. Mr. Small then was given permission to table a signed and witnessed document from the driver of 'Lighting Raider' (D Dunn). It reads: "I, Dexter Dunn, was driving horse 'Lighting Raider' in this race. At approximately the 1200 metre mark I pulled off the back of 'Mighty Creation' (G. Small) and attempted to move out 3 wide. My horses front feet were approximately adjacent to Mr Smalls outside wheel. I noticed that 'River Field' (B. Mangos) ahead and forward of me subsequently decided to move out 3 wide, so I steadied my horses forward movement at that time. Subsequently to that Mr. Small went forward to follow Mr. Mangos. In my opinion that movement was not a breach of the push out rule and at no time did I call out to Mr. Small. End of statement.
Mr. Small then informed the committee that Mr. Mangos went to go and he followed. Mr. Dunn at that point was not making progress, he wasn't carrying on or rushing forward. He was just sitting there. Mr. Taumanu then stated that it was the Stipendiary Stewards opinion that Mr. Dunn was making forward progress at the time Mr. Small followed Mr. Mangos forward. This action caused Mr. Dunn to be pushed out. He did concede that there was not much in it.
In summing up, Mr Small believed also there was not much in it and he was entitled to the benefit of doubt.
Reasons for Decision:
The statement from Mr. Dunn is quite clear, he did confirm that he pulled off the back of Mr. Small and attempted to move out. When Mr. Mangos, who was ahead of him, moved he steadied his horses forward movement. Subsequently Mr. Small went forward to follow Mr. Mangos. All horses concerned were travelling at the back of the field, all were entitled to be where they were and entitled to make the moves they undertook. The committee had to be satisfied that Mr. Dunn who was travelling 3 wide was making forward progress at the time Mr. Small moved out. Rule 869 (b) states clearly that a horse making a forward movement during any race shall not be forced to race wider on the track.
Both Mr. Taumau and Mr. Small agreed that if Mr. Dunn was not making progress at the time of the incident Mr. Small was entitled to take the course of action he did. We were not convinced either by the evidence placed before us by the Stipendiary Stewards or the available films of the alledged incident that Mr. Dunn was making progress. He did move forward but his movement to racing 4 wide was gradual and in the committee's opinion was the result of the movement from the two horses ahead of him. Mr. Mangos driving 'River Field' who moved first and then Mr. Small. Doubt does exist therefore Mr. Small must be given the benefit of the doubt.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
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: 0a4228e3a70f6e0ca7958318634a6a87
informantnumber: 69422
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 24/02/2011
hearing_title: Manawatu HRC 17 March 2011 - R 9 (heard Palmerston North 20 March 2011)
charge:
Alleged breach of Rule 869(4)(6)(b)(c).
facts:
Reconvened hearing to Information 69422. Held after the last race at Manawatu Harness Racing Club race meeting on Sunday 20 March 2011.
appealdecision:
isappeal:
submissionsfordecision:
At the request of Mr. Small the rules were read again and he confirmed he understood the rule and did not admit the breach.
Mr. Taumanu and Mr. Renault (Stipendiary Steward) took the committee through all available films of the alledged incident.
Mr. Renault informed the committee at approximately the 1300 metre mark, Mr. Dunn driving 'Lightening Raider' was travelling at the back of the field. On his inside but travelling ahead was 'Mighty Creation' (Mr. Small). In front of those two horses were horses driven by Mr. B. Manos and Mr. J. Curtin respectively.
Both Mr. Small and Mr. Dunn were perfectly entitled to be where they were. Mr. Mangos travelling in 3rd to last place initiated a move and at the same time both Mr. Small travelling behind Mr. Mangos and Mr. Dunn who was travelling 3 wide started a forward movement. He believed that this forced Mr. Dunn outwards and to travel 4 wide.
Mr. Taumanu quoted rule 869 (6) (b) which states: "A horse making a forward movement during any race shall not be forced to race wider on the track" and (c) "A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past."
Mr. Small then questioned Mr. Taumanu on the interpretation of the rule and asked if Mr. Dunn was not making forward progress at the time he moved out was he entitled to take the course of action he took. Mr. Taumanu agreed that if Mr. Dunn was not making forward progress Mr. Small was entitled to move forward. Mr. Small commented that this was the crux of the matter.
Mr. Taumanu told the committee that he had no other comment to make as the driver of 'Lighting Raider' (Mr. Dunn) was driving at the harness meeting down south. Mr. Small then was given permission to table a signed and witnessed document from the driver of 'Lighting Raider' (D Dunn). It reads: "I, Dexter Dunn, was driving horse 'Lighting Raider' in this race. At approximately the 1200 metre mark I pulled off the back of 'Mighty Creation' (G. Small) and attempted to move out 3 wide. My horses front feet were approximately adjacent to Mr Smalls outside wheel. I noticed that 'River Field' (B. Mangos) ahead and forward of me subsequently decided to move out 3 wide, so I steadied my horses forward movement at that time. Subsequently to that Mr. Small went forward to follow Mr. Mangos. In my opinion that movement was not a breach of the push out rule and at no time did I call out to Mr. Small. End of statement.
Mr. Small then informed the committee that Mr. Mangos went to go and he followed. Mr. Dunn at that point was not making progress, he wasn't carrying on or rushing forward. He was just sitting there. Mr. Taumanu then stated that it was the Stipendiary Stewards opinion that Mr. Dunn was making forward progress at the time Mr. Small followed Mr. Mangos forward. This action caused Mr. Dunn to be pushed out. He did concede that there was not much in it.
In summing up, Mr Small believed also there was not much in it and he was entitled to the benefit of doubt.
reasonsfordecision:
The statement from Mr. Dunn is quite clear, he did confirm that he pulled off the back of Mr. Small and attempted to move out. When Mr. Mangos, who was ahead of him, moved he steadied his horses forward movement. Subsequently Mr. Small went forward to follow Mr. Mangos. All horses concerned were travelling at the back of the field, all were entitled to be where they were and entitled to make the moves they undertook. The committee had to be satisfied that Mr. Dunn who was travelling 3 wide was making forward progress at the time Mr. Small moved out. Rule 869 (b) states clearly that a horse making a forward movement during any race shall not be forced to race wider on the track.
Both Mr. Taumau and Mr. Small agreed that if Mr. Dunn was not making progress at the time of the incident Mr. Small was entitled to take the course of action he did. We were not convinced either by the evidence placed before us by the Stipendiary Stewards or the available films of the alledged incident that Mr. Dunn was making progress. He did move forward but his movement to racing 4 wide was gradual and in the committee's opinion was the result of the movement from the two horses ahead of him. Mr. Mangos driving 'River Field' who moved first and then Mr. Small. Doubt does exist therefore Mr. Small must be given the benefit of the doubt.
Decision:
Mr. Small the charge is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: TW Taumanu - Stipendiary Steward
JockeysandTrainer: GC Small
Otherperson: S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d3c900ad21b9b74ff29956a5959685d0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3ecf0ad939b1edde6c038d6376a1e3bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/03/2011
meet_title: Manawatu HRC - 17 March 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TCastles
meet_pm1: NMcCutcheon
meet_pm2: none
name: Manawatu HRC