Forbury Park TC 30 November 2016 – R 8 – Chair, Prof G Hall
ID: JCA11368
Meet Title:
Forbury Park TC - 30 November 2016
Meet Chair:
GHall
Race Date:
2016/11/30
Race Number:
R 8
Decision:
Mr Cox admitted the breach. It is thus found to be proved.
Penalty:
Mr Cox is fined the sum of $300 and reminded of his professional obligations.
Facts:
Mr Renault alleged that Mr Cox allowed GOTTA CLASSIE GIRL to shift in when not clear hitting the sulky wheel of LIVE TO TELL (Ms J Young) causing his horse to break passing the 2000 metres in race 8, the THANK YOU MATT SMITH MOBILE PACE 3YO+ C1.
Mr Renault demonstrated on the video that the respondent had started 3 out on the 2nd row. His horse was racing quite keenly and, as he took a good hold of his horse, he went to go down to the inside of Ms Young. In so doing, he clipped her wheel. A tyre on her sulky punctured as a consequence but it did not come off the rim. Ms Young was nevertheless inconvenienced for the remainder of the race. Mr Cox’s horse galloped for some 4 or 5 lengths before settling back into a pace.
Mr Renault stated Ms Young’s horse had stopped in the home straight and had had its chance in the race. He said the respondent’s actions were simply an error of judgment.
Mr Cox agreed with Mr Renault’s summation. He said his mare was keen and he was trying to get on to Mr Larsen’s back whilst Ms Young was pulling her horse back in his face. He said he was trying to get out of the way when he clipped her wheel. When questioned about the performance of his horse, he said it galloped again at the 800 metres and was pulled up.
Submissions for Penalty:
Mr Renault produced the respondent’s record, which was clear this season. Mr Cox had had 111 drives this season and 550 last season. His last breach was on 6 December 2015 at Methven when he was suspended for 3 days for careless driving. Mr Renault submitted a fine of around $300 was appropriate.
Mr Cox stated he did not disagree with the informant’s penalty submission.
Reasons for Penalty:
The breach is towards the low end of mid range. It was simply a miscalculation by Mr Cox when he went to go to the inside of Ms Young. Mr Cox’s horse was racing very keenly at the time of the incident and Ms Young was steadying her horse. Ms Young had a punctured tyre for much of the race whilst the respondent’s own horse lost 4 to 5 lengths. There is no alteration to the starting point in the Penalty Guide of a fine of $500 for the nature of the breach.
The mitigating factors of a good record (one breach in the past calendar year in the context of Mr Cox being a busy driver) and his admission of the breach result in a $200 discount.
JCA Decision Fields (raw)
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hearingid: 1da47d66678e27bee12b4810987f9edf
informantnumber: A6259
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 04/12/2016
hearing_title: Forbury Park TC 30 November 2016 - R 8 - Chair, Prof G Hall
charge:
facts:
Mr Renault alleged that Mr Cox allowed GOTTA CLASSIE GIRL to shift in when not clear hitting the sulky wheel of LIVE TO TELL (Ms J Young) causing his horse to break passing the 2000 metres in race 8, the THANK YOU MATT SMITH MOBILE PACE 3YO+ C1.
Mr Renault demonstrated on the video that the respondent had started 3 out on the 2nd row. His horse was racing quite keenly and, as he took a good hold of his horse, he went to go down to the inside of Ms Young. In so doing, he clipped her wheel. A tyre on her sulky punctured as a consequence but it did not come off the rim. Ms Young was nevertheless inconvenienced for the remainder of the race. Mr Cox’s horse galloped for some 4 or 5 lengths before settling back into a pace.
Mr Renault stated Ms Young’s horse had stopped in the home straight and had had its chance in the race. He said the respondent’s actions were simply an error of judgment.
Mr Cox agreed with Mr Renault’s summation. He said his mare was keen and he was trying to get on to Mr Larsen’s back whilst Ms Young was pulling her horse back in his face. He said he was trying to get out of the way when he clipped her wheel. When questioned about the performance of his horse, he said it galloped again at the 800 metres and was pulled up.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Cox admitted the breach. It is thus found to be proved.
sumissionsforpenalty:
Mr Renault produced the respondent’s record, which was clear this season. Mr Cox had had 111 drives this season and 550 last season. His last breach was on 6 December 2015 at Methven when he was suspended for 3 days for careless driving. Mr Renault submitted a fine of around $300 was appropriate.
Mr Cox stated he did not disagree with the informant’s penalty submission.
reasonsforpenalty:
The breach is towards the low end of mid range. It was simply a miscalculation by Mr Cox when he went to go to the inside of Ms Young. Mr Cox’s horse was racing very keenly at the time of the incident and Ms Young was steadying her horse. Ms Young had a punctured tyre for much of the race whilst the respondent’s own horse lost 4 to 5 lengths. There is no alteration to the starting point in the Penalty Guide of a fine of $500 for the nature of the breach.
The mitigating factors of a good record (one breach in the past calendar year in the context of Mr Cox being a busy driver) and his admission of the breach result in a $200 discount.
penalty:
Mr Cox is fined the sum of $300 and reminded of his professional obligations.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr J Cox - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 40ba81ddee653c1bf9de85ac180c4bf5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 15e07a2a6992502c48442c0d4fbbf101
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/11/2016
meet_title: Forbury Park TC - 30 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC