Forbury Park TC 9 May 2019 – R 7 – Chair, Prof G Hall
ID: JCA11651
Meet Title:
Forbury Park TC - 9 May 2019
Meet Chair:
GHall
Race Date:
2019/05/09
Race Number:
R 7
Decision:
The breach of the careless driving rule is found to be proved.
Penalty:
Mr Cox is suspended from the end of racing on 12 May up to and including 18 May. This is 2 South Island days and Mr Cox is reminded of his professional obligations.
Facts:
Mr Munro alleged that Mr Cox drove carelessly near the 2000 metres when shifting his horse ITZ A MAJOR BABE inwards in race 7 the SPK INDUSTRIES PACE.
Submissions for Decision:
Mr Davidson, Stipendiary Steward, demonstrated on the videos that the respondent was some 3/4 of a length in front of Mr Walkinshaw, who was racing on the pylons, when he shifted inwards. Mr Walkinshaw’s horse contacted the respondent’s sulky wheel and also went over marker pegs. BOOMER (Mr Walkinshaw) galloped as a consequence.
Mr Munro called Mr Walkinshaw to give evidence. Mr Walkinshaw stated that as they were racing towards the bend out of the straight for the first time there was enough room for him to take the run on the pylons to trail the leading horse. As he got to the bend Mr Cox came down. Mr Walkinshaw said he had not shifted out and he ended up going over 2 or 3 pylons. He was not sure how many markers, but his horse jumped a few and then galloped. He believed he was half a length inside Mr Cox, when Mr Cox shifted down. He said he had not gone into the passing lane, although he later said one wheel had perhaps done so briefly. He said he was not trying to “shoot up on the inside”.
The contact, Mr Walkinshaw believed, was between the sulky of Mr Cox and a leg of his horse. Mr Cox was definitely right up against him and he was not sure whether his horse galloped because of the contact or as a consequence of jumping the pylons. He pointed out on the videos that the respondent had bounced up in the cart, so he believed that was when the cart must have come into contact with his horse. He said he had nowhere to go. Everything was tight. When questioned by the Committee, he said he did not yell out to Mr Cox. He thought Mr Cox was half a length ahead of him when Mr Cox shifted down.
Mr Cox said he came into 5 at the start as a result of the scratchings. His horse had stepped away and had begun good. He saw Mr Walkinshaw coming when he was trying to pull his horse, ITZ A MAJOR BABE, into the trail. He said Mr Walkinshaw continued with a run, which he believed was not there for Mr Walkinshaw. He said he was aware Mr Walkinshaw was there, but he thought the run was his. He believed Mr Walkinshaw would never have got through the gap after the winning post. He also said that Mr Walkinshaw was at his shoulder and not the legs of his horse when he shifted in. He added he tried his best to pull his horse out. It had a rein pricker on its inside.
Mr Munro summed up by stating that Mr Walkinshaw had pushed up on the respondent’s inside and there was contact. The Stewards believed Mr Walkinshaw’s wheel was on the running line and that there was no run for Mr Cox. He said the videos showed that the head of ITZ A MAJOR BABE was pointed towards the pylons and that the respondent was attempting to get to the trail when Mr Walkinshaw pushed up. He believed at no time was Mr Cox clear of Mr Walkinshaw. His legs were beside Mr Cox’s sulky. Mr Walkinshaw was entitled to his run. He agreed with Mr Cox that the manners of ITZ A MAJOR BABE were not good. The horse was laying both out and in.
Mr Cox reiterated the run was his.
Reasons for Decision:
It is clear that Mr Cox believed the run in the trail behind Mr Morrison was his to take. Unfortunately, Mr Walkinshaw was hunting up BOOMER also looking for the trail, and that horse’s legs were inside the cart of Mr Cox when Mr Cox entered the bend and commenced to shift down on the track. The result was that Mr Cox was not clear of Mr Walkinshaw and the inside wheel of Mr Cox’s cart came into contact with a leg of BOOMER. Mr Cox’s obligation under the Rules was to keep off Mr Walkinshaw, notwithstanding the racing manners of ITZ A MAJOR BABE. He did not and, as a consequence, BOOMER went over marker pegs and galloped. The horse lost ground and eventually settled towards the rear of the field.
Submissions for Penalty:
Mr Munro produced the respondent’s record, which was clear this season. Mr Cox has had 335 drives this season, 353 last season, and 449 the season before. Mr Munro submitted a suspension was appropriate, stating the Stewards’ believed the breach to be above mid-range.
Mr Cox submitted that the suspension should be as short as possible.
Reasons for Penalty:
The breach is towards the high end of mid-range. It was a miscalculation by Mr Cox in that he believed he was entitled to the trail when in fact Mr Walkinshaw had urged his horse forward on the markers and was entitled to take up the trail behind Mr Morrison. There is a 5 day increase to the 10-day starting point in the Penalty Guide for the nature of the breach.
The mitigating factor of a very good record (no breach this season in the context of Mr Cox being a busy driver) warrants a 4-day reduction. This leaves a penalty of 11 drives.
The Stewards and Mr Cox accept that he has on average 5 to 6 drives per meeting.
JCA Decision Fields (raw)
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hearingid: 226e917a67413c9e4aa51c341ea75f41
informantnumber: A12499
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 14/05/2019
hearing_title: Forbury Park TC 9 May 2019 - R 7 - Chair, Prof G Hall
charge:
facts:
Mr Munro alleged that Mr Cox drove carelessly near the 2000 metres when shifting his horse ITZ A MAJOR BABE inwards in race 7 the SPK INDUSTRIES PACE.
appealdecision:
isappeal:
submissionsfordecision:
Mr Davidson, Stipendiary Steward, demonstrated on the videos that the respondent was some 3/4 of a length in front of Mr Walkinshaw, who was racing on the pylons, when he shifted inwards. Mr Walkinshaw’s horse contacted the respondent’s sulky wheel and also went over marker pegs. BOOMER (Mr Walkinshaw) galloped as a consequence.
Mr Munro called Mr Walkinshaw to give evidence. Mr Walkinshaw stated that as they were racing towards the bend out of the straight for the first time there was enough room for him to take the run on the pylons to trail the leading horse. As he got to the bend Mr Cox came down. Mr Walkinshaw said he had not shifted out and he ended up going over 2 or 3 pylons. He was not sure how many markers, but his horse jumped a few and then galloped. He believed he was half a length inside Mr Cox, when Mr Cox shifted down. He said he had not gone into the passing lane, although he later said one wheel had perhaps done so briefly. He said he was not trying to “shoot up on the inside”.
The contact, Mr Walkinshaw believed, was between the sulky of Mr Cox and a leg of his horse. Mr Cox was definitely right up against him and he was not sure whether his horse galloped because of the contact or as a consequence of jumping the pylons. He pointed out on the videos that the respondent had bounced up in the cart, so he believed that was when the cart must have come into contact with his horse. He said he had nowhere to go. Everything was tight. When questioned by the Committee, he said he did not yell out to Mr Cox. He thought Mr Cox was half a length ahead of him when Mr Cox shifted down.
Mr Cox said he came into 5 at the start as a result of the scratchings. His horse had stepped away and had begun good. He saw Mr Walkinshaw coming when he was trying to pull his horse, ITZ A MAJOR BABE, into the trail. He said Mr Walkinshaw continued with a run, which he believed was not there for Mr Walkinshaw. He said he was aware Mr Walkinshaw was there, but he thought the run was his. He believed Mr Walkinshaw would never have got through the gap after the winning post. He also said that Mr Walkinshaw was at his shoulder and not the legs of his horse when he shifted in. He added he tried his best to pull his horse out. It had a rein pricker on its inside.
Mr Munro summed up by stating that Mr Walkinshaw had pushed up on the respondent’s inside and there was contact. The Stewards believed Mr Walkinshaw’s wheel was on the running line and that there was no run for Mr Cox. He said the videos showed that the head of ITZ A MAJOR BABE was pointed towards the pylons and that the respondent was attempting to get to the trail when Mr Walkinshaw pushed up. He believed at no time was Mr Cox clear of Mr Walkinshaw. His legs were beside Mr Cox’s sulky. Mr Walkinshaw was entitled to his run. He agreed with Mr Cox that the manners of ITZ A MAJOR BABE were not good. The horse was laying both out and in.
Mr Cox reiterated the run was his.
reasonsfordecision:
It is clear that Mr Cox believed the run in the trail behind Mr Morrison was his to take. Unfortunately, Mr Walkinshaw was hunting up BOOMER also looking for the trail, and that horse’s legs were inside the cart of Mr Cox when Mr Cox entered the bend and commenced to shift down on the track. The result was that Mr Cox was not clear of Mr Walkinshaw and the inside wheel of Mr Cox’s cart came into contact with a leg of BOOMER. Mr Cox’s obligation under the Rules was to keep off Mr Walkinshaw, notwithstanding the racing manners of ITZ A MAJOR BABE. He did not and, as a consequence, BOOMER went over marker pegs and galloped. The horse lost ground and eventually settled towards the rear of the field.
Decision:
The breach of the careless driving rule is found to be proved.
sumissionsforpenalty:
Mr Munro produced the respondent’s record, which was clear this season. Mr Cox has had 335 drives this season, 353 last season, and 449 the season before. Mr Munro submitted a suspension was appropriate, stating the Stewards’ believed the breach to be above mid-range.
Mr Cox submitted that the suspension should be as short as possible.
reasonsforpenalty:
The breach is towards the high end of mid-range. It was a miscalculation by Mr Cox in that he believed he was entitled to the trail when in fact Mr Walkinshaw had urged his horse forward on the markers and was entitled to take up the trail behind Mr Morrison. There is a 5 day increase to the 10-day starting point in the Penalty Guide for the nature of the breach.
The mitigating factor of a very good record (no breach this season in the context of Mr Cox being a busy driver) warrants a 4-day reduction. This leaves a penalty of 11 drives.
The Stewards and Mr Cox accept that he has on average 5 to 6 drives per meeting.
penalty:
Mr Cox is suspended from the end of racing on 12 May up to and including 18 May. This is 2 South Island days and Mr Cox is reminded of his professional obligations.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr J Cox - Open Horseman
Otherperson: Mr M Davidson - Stipendiary Steward, Mr S Walkinshaw - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 1c798371dec618ecbd636df611012a81
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race_title: R 7
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meetdate: 09/05/2019
meet_title: Forbury Park TC - 9 May 2019
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name: Forbury Park TC