NZ Metro TC 24 January 2020 – R 1 – Chair Mr R McKenzie
ID: JCA10827
Meet Title:
NZ Metro TC - 24 January 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/01/24
Race Number:
R1
Decision:
The charge is found proved.
Penalty:
Mr Edge’s Advanced Amateur Driver’s licence is suspended for a period commencing on 25 January 2020 and concluding on 24 March 2020, after which date he may drive. In addition, Mr Edge is fined the sum of $300.
Facts:
Following the running of Race 1, Airpark Canterbury (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Advanced Amateur Driver, Mr A N Edge, alleging a breach of Rule 869 (3) (b) in that Mr Edge, as the driver of PAT CAMPBELL in the race, “drove carelessly near the 950 metres by shifting inwards when insufficiently clear of XMAS BAY (S Manawatu) which was checked”.
Mr Edge was present at the hearing of the information and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr Renault, Stipendiary Steward, pointed out the relevant runners on a video replay of the race between the 1400 metres and the 800 metres. XMAS BAY, driven by Mr Manawatu, was racing in the parked position outside the leader and PAT CAMPBELL, driven by Mr Edge was leading up the 3-wide line.
Mr Manawatu said that he had restrained his runner, which had been giving him difficulty, and Mr Edge had improved past him and come down before he was fully clear, even though he, Mr Manawatu, was trying to restrain his runner. He was not aware of any contact, he said, but it got “tight” when Mr Edge shifted down and he confirmed that it was pressure from PAT CAMPBELL that caused his runner to break. He had called to Mr Edge but he had nowhere to go, Mr Manawatu said. In response to a question from Mr Williams, Mr Manawatu said that there had been no pressure from the 3-wide runner, OPAWA MACH. Mr Williams confirmed that no contact was visible from any of the video replays.
Mr Edge argued that XMAS BAY has a tendency to crossfire, it hits behind (is bandaged behind), is known for galloping out of the mobile gate and tends to break when it gets in a tight spot. Mr Manawatu replied that XMAS BAY had not been pacing roughly, although it was pulling.
The Committee observed that, just prior to the incident when XMAS BAY broke, the head of Mr Manawatu’s horse was inside Mr Edge’s helmet. This was not disputed by Mr Edge, but he submitted it was not so at the point that XMAS BAY broke.
Mr Edge suggested that the Committee ought not to accept the evidence of Mr Manawatu, who has had 2 drives in the past year in preference to his. He himself drives in every race for amateur drivers in the South Island, he said. He had driven XMAS BAY previously, Mr Manawatu had not, he said. Mr Manawatu was trying to restrain the horse while the race was being run at 3:14 speed (for 2600 metres). He stressed that there had been no contact.
Mr Williams said that Stewards did not believe that Mr Edge was clear when he crossed down ahead of Mr Manawatu. XMAS BAY had, at the time, been racing quite kindly, although overracing slightly prior to the incident. The question is, he said, why did XMAS BAY break? Mr Manawatu clearly stated that Mr Edge was not clear when he shifted down and, as a result, XMAS BAY had broken. Interference can occur without contact. There was clearly pressure on XMAS BAY from Mr Edge’s runner, Mr Williams submitted.
Reasons for Decision:
The Committee has listened to the evidence and submissions of both parties and has carefully viewed the video replays shown to the hearing of the incident with approximately 950 metres to run.
Mr Manawatu gave evidence to the hearing that his runner, XMAS BAY, had been squeezed up when Mr Edge’s runner, that had been racing 3-wide, improved to the parked position. Mr Manawatu did state, and the Committee accepts that, there had been no contact but he also confirmed that the reason that his runner had broken at that point was the pressure exerted by Mr Edge’s runner as it shifted in.
Mr Edge, in his defence, submitted that Mr Manawatu’s runner had been overracing prior to breaking and he had been clear of it when XMAS BAY went off stride. We accept that Mr Manawatu’s runner may have been overracing prior to its breaking and Mr Manawatu had clearly been trying to restrain it as Mr Edge was crossing.
At the end of the day, the Committee is satisfied that Mr Edge has simply not given himself sufficient room which has led to XMAS BAY being tightened, causing it to go off stride. Mr Manawatu’s evidence was quite convincing and, we believe, was borne out by the video replays. A driver has an obligation to ensure that there is sufficient clearance before changing ground. Mr Edge has failed to do so on this occasion. If XMAS BAY was overracing, as he submitted, Mr Edge should have taken this into account and exercised extra care. It is unfair to blame Mr Manawatu’s inexperience and/or, what Mr Edge argued are, the horse’s previously demonstrated racing manners for what happened.
Accordingly, the Committee finds that Mr Edge has driven carelessly on this occasion and the charge is proved.
Submissions for Penalty:
Mr Williams told the hearing that Mr Edge has had 10 drives this season and, last season, he had a total of 23 drives. His record is clear under this particular rule, he said.
The Penalty Guide provides for a starting point for a breach of the rule of a 10-drives suspension or a $500 fine. He submitted that it was appropriate for the Committee to consider that Mr Edge, as an amateur driver, has two drives per month. This would equate to a 5 months suspension or a $500 fine. The Stewards were submitting that an appropriate penalty would be a combination of a term of suspension coupled with a fine. Mr Williams referred the Committee to the penalty recently handed down to another amateur driver for a similar breach of the rule – a 2 months suspension and a $300 fine.
A 2 months suspension would result in hardship, Mr Edge said, possibly having to lay off staff. He would not use other drivers. He has 16 horses in work and races most of them in amateur drivers’ races. The horses would have to be turned out. A fine and a suspension would be a harsh penalty, he submitted.
Reasons for Penalty:
In deciding penalty, the Committee has taken the Penalty Guide starting point referred to by Mr Williams in his penalty submissions. There is an aggravating factor, that being that XMAS BAY’s chances in the race were extinguished. We believe that that factor is offset by the sole mitigating factor of Mr Edge’s previous good record.
This leaves us at the Penalty Guide starting point which, the Committee has determined is best applied in this case by way of a term of suspension of 2 months (4 drives) together with a fine of $300 (6 drives).
The Committee was largely unmoved by Mr Edge’s penalty submissions. We cannot accept that a suspension involving four drives would have the effect he would have us believe.
JCA Decision Fields (raw)
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hearingid: 0396c5c88eada53f74b1b8998dfef6b3
informantnumber: A13157
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 27/01/2020
hearing_title: NZ Metro TC 24 January 2020 - R 1 - Chair Mr R McKenzie
charge:
facts:
Following the running of Race 1, Airpark Canterbury (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Advanced Amateur Driver, Mr A N Edge, alleging a breach of Rule 869 (3) (b) in that Mr Edge, as the driver of PAT CAMPBELL in the race, “drove carelessly near the 950 metres by shifting inwards when insufficiently clear of XMAS BAY (S Manawatu) which was checked”.
Mr Edge was present at the hearing of the information and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault, Stipendiary Steward, pointed out the relevant runners on a video replay of the race between the 1400 metres and the 800 metres. XMAS BAY, driven by Mr Manawatu, was racing in the parked position outside the leader and PAT CAMPBELL, driven by Mr Edge was leading up the 3-wide line.
Mr Manawatu said that he had restrained his runner, which had been giving him difficulty, and Mr Edge had improved past him and come down before he was fully clear, even though he, Mr Manawatu, was trying to restrain his runner. He was not aware of any contact, he said, but it got “tight” when Mr Edge shifted down and he confirmed that it was pressure from PAT CAMPBELL that caused his runner to break. He had called to Mr Edge but he had nowhere to go, Mr Manawatu said. In response to a question from Mr Williams, Mr Manawatu said that there had been no pressure from the 3-wide runner, OPAWA MACH. Mr Williams confirmed that no contact was visible from any of the video replays.
Mr Edge argued that XMAS BAY has a tendency to crossfire, it hits behind (is bandaged behind), is known for galloping out of the mobile gate and tends to break when it gets in a tight spot. Mr Manawatu replied that XMAS BAY had not been pacing roughly, although it was pulling.
The Committee observed that, just prior to the incident when XMAS BAY broke, the head of Mr Manawatu’s horse was inside Mr Edge’s helmet. This was not disputed by Mr Edge, but he submitted it was not so at the point that XMAS BAY broke.
Mr Edge suggested that the Committee ought not to accept the evidence of Mr Manawatu, who has had 2 drives in the past year in preference to his. He himself drives in every race for amateur drivers in the South Island, he said. He had driven XMAS BAY previously, Mr Manawatu had not, he said. Mr Manawatu was trying to restrain the horse while the race was being run at 3:14 speed (for 2600 metres). He stressed that there had been no contact.
Mr Williams said that Stewards did not believe that Mr Edge was clear when he crossed down ahead of Mr Manawatu. XMAS BAY had, at the time, been racing quite kindly, although overracing slightly prior to the incident. The question is, he said, why did XMAS BAY break? Mr Manawatu clearly stated that Mr Edge was not clear when he shifted down and, as a result, XMAS BAY had broken. Interference can occur without contact. There was clearly pressure on XMAS BAY from Mr Edge’s runner, Mr Williams submitted.
reasonsfordecision:
The Committee has listened to the evidence and submissions of both parties and has carefully viewed the video replays shown to the hearing of the incident with approximately 950 metres to run.
Mr Manawatu gave evidence to the hearing that his runner, XMAS BAY, had been squeezed up when Mr Edge’s runner, that had been racing 3-wide, improved to the parked position. Mr Manawatu did state, and the Committee accepts that, there had been no contact but he also confirmed that the reason that his runner had broken at that point was the pressure exerted by Mr Edge’s runner as it shifted in.
Mr Edge, in his defence, submitted that Mr Manawatu’s runner had been overracing prior to breaking and he had been clear of it when XMAS BAY went off stride. We accept that Mr Manawatu’s runner may have been overracing prior to its breaking and Mr Manawatu had clearly been trying to restrain it as Mr Edge was crossing.
At the end of the day, the Committee is satisfied that Mr Edge has simply not given himself sufficient room which has led to XMAS BAY being tightened, causing it to go off stride. Mr Manawatu’s evidence was quite convincing and, we believe, was borne out by the video replays. A driver has an obligation to ensure that there is sufficient clearance before changing ground. Mr Edge has failed to do so on this occasion. If XMAS BAY was overracing, as he submitted, Mr Edge should have taken this into account and exercised extra care. It is unfair to blame Mr Manawatu’s inexperience and/or, what Mr Edge argued are, the horse’s previously demonstrated racing manners for what happened.
Accordingly, the Committee finds that Mr Edge has driven carelessly on this occasion and the charge is proved.
Decision:
The charge is found proved.
sumissionsforpenalty:
Mr Williams told the hearing that Mr Edge has had 10 drives this season and, last season, he had a total of 23 drives. His record is clear under this particular rule, he said.
The Penalty Guide provides for a starting point for a breach of the rule of a 10-drives suspension or a $500 fine. He submitted that it was appropriate for the Committee to consider that Mr Edge, as an amateur driver, has two drives per month. This would equate to a 5 months suspension or a $500 fine. The Stewards were submitting that an appropriate penalty would be a combination of a term of suspension coupled with a fine. Mr Williams referred the Committee to the penalty recently handed down to another amateur driver for a similar breach of the rule – a 2 months suspension and a $300 fine.
A 2 months suspension would result in hardship, Mr Edge said, possibly having to lay off staff. He would not use other drivers. He has 16 horses in work and races most of them in amateur drivers’ races. The horses would have to be turned out. A fine and a suspension would be a harsh penalty, he submitted.
reasonsforpenalty:
In deciding penalty, the Committee has taken the Penalty Guide starting point referred to by Mr Williams in his penalty submissions. There is an aggravating factor, that being that XMAS BAY’s chances in the race were extinguished. We believe that that factor is offset by the sole mitigating factor of Mr Edge’s previous good record.
This leaves us at the Penalty Guide starting point which, the Committee has determined is best applied in this case by way of a term of suspension of 2 months (4 drives) together with a fine of $300 (6 drives).
The Committee was largely unmoved by Mr Edge’s penalty submissions. We cannot accept that a suspension involving four drives would have the effect he would have us believe.
penalty:
Mr Edge’s Advanced Amateur Driver’s licence is suspended for a period commencing on 25 January 2020 and concluding on 24 March 2020, after which date he may drive. In addition, Mr Edge is fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: A N Edge, Licensed Advanced Amateur Driver
Otherperson: Mr S Renault - Stipendiary Steward, Mr S Manawatu - Driver of XMAS BAY
PersonPresent:
Respondent:
StipendSteward:
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meet_title: NZ Metro TC - 24 January 2020
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name: NZ Metro TC