Non Raceday Inquiry RIU v M Anderson – Decision dated 12 April 2019 – Chair, Mr D Anderson

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decisiondate: 16/04/2019

hearing_title: Non Raceday Inquiry RIU v M Anderson - Decision dated 12 April 2019 - Chair, Mr D Anderson

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Decision:

BEFORE A JUDICIAL COMMITTEE HELD AT CHRISTCHURCH

IN THE MATTER of the New Zealand Rules of Harness Racing

IN THE MATTER of Information, No A12438

BETWEEN Nick Ydgren, Chief Stipendiary Steward for the Racing Integrity Unit

Informant

AND-MATT ANDERSON, Open Horseman

Respondent

Date of Hearing:-12 April 2019

Venue:-Addington Raceway

Judicial Committee: -D Anderson (Chair)

R McKenzie (Member)

Present:-Mr N Ydgren, the Informant

Mr R Quirk, Stipendiary Steward

Mr M Anderson, the Respondent

Date of Decision:-- 12 April 2019

DECISION OF JUDICIAL COMMITTEE

1] This Information has arisen from Race 3 on the 7th April 2019 at the Rangiora Racecourse and was presented to this Committee today 12 April 2019 at Addington Raceway.

2] The Information was filed after a letter had been received from Mr M Godber, General Manager of the RIU, authorising its lodging and served on Mr M Anderson today 12 April. The Information is alleging a breach of Rule 869(3)(f) by Open Driver Mr M Anderson. The information alleged while competing in Race 3 the Ashley Mobile Pace at the Rangiora Racecourse, “through the final straight you drove in an improper manner by making contact with the hind leg of your horse with your foot”.

3] Mr Anderson had signed the information stating he did not admit the breach and confirmed to the Committee he understood the rule he was being charged with.

4] Rule 869(3)(f) provides as follows:

(3) No horseman shall in any race shall drive: -

(f) Improperly.

EVIDENCE

5] Mr Ydgren stated Mr Anderson was spoken to on the day of the race and informed a charge was impending under the rule. He said Mr Anderson agreed at this time his foot had contacted COMFORTABLY NUMB’S leg on several occasions but explained he had slipped in the conditions as his seat wasn’t set correctly.

6] Mr Ydgren used the race video with the assistance of Mr Quirk to identify Mr Anderson driving (4) COMFORTABLY NUMB, racing outside the leader entering the home straight. He asked the Committee to watch Mr Anderson’s right leg and pointed to it being dropped from the footrest several times, contacting the horse’s leg. He stated contact was made on eight occasions.

7] Mr Ydgren showed more film of Mr Anderson improving his horse forward with the whip in the straight a lap from home and from the 600 metres. He demonstrated Mr Anderson driving in an upright and balanced manner. He contended Mr Anderson’s actions in the final straight were not accidental and pointed out a 40-metre period where his leg was held forward out of the footrest in a rigid position. Several contacts to the horse’s leg could be clearly seen.

8] Mr Ydgren said if a driver has difficulty maintaining his foot in the rest there are other options available to him or her, being leaving their leg down and back or placing the foot on the wheel stay which would prevent any contact with the horse. He said Mr Anderson in driving in the manner he did was clearly improper and in breach of the rule.

9] Mr Anderson stated there was no intent to drop his foot from the footrest. He said there were many reasons why it happened. He said when he arrived to pick the horse up at the stables the trainer had attached the seat in the wrong position, they were late getting on the track and it wasn’t until the race was under way that he realised the problem. He demonstrated to the Committee the length the seat was out of position, this he said was a significant difference from the correct position.

10] Mr Anderson used race video of other drives he had on the day to convey the contrast in the way he was seated in the sulky from the one in question.

He explained the technique he used driving COMFORTABLY NUMB by leaning back and jerking its mouth was the best option as it can’t be driven out with the whip. This combined with the wet conditions on the day, his slippery gumboots, which he showed to the Committee, all impacted on his balance in the sulky and contributed to his foot moving out of the footrest.

He considered he drove with safety and caution and did his best to drive competitively in a tight finish under these circumstances.

11] The Committee asked Mr Anderson to confirm the incident didn’t look good and when he first lost the footrest, did he consider to stop driving in that manner, regain his balance, and then continue on. He replied yes, he realised it did look bad but he was doing his best under the circumstances.

12] In summing up Mr Ydgren asked Mr Anderson did he agree, on viewing the video, that he was driving upright and balanced for all but the last 200 metres of the race. He agreed that’s what it looked like but said “I was on my tip toes”.

REASONS FOR DECISION

13] Having carefully considered all the evidence and submissions presented, the Committee sought to establish if Mr Anderson had wilfully dropped his leg from the footrest and used it as a bar. The video evidence was compelling in regard to showing a prolonged period where Mr Anderson’s foot is down and forward making hard contact with COMFORTABLY NUMB’S leg. Some of this contact was hard enough to recoil Mr Anderson’s leg with surprising force.

14] The Committee had to consider if there was any substance in Mr Anderson’s defence that his seat was in the wrong position, his gumboots were slippery, it was a wet day, and his driving technique which he had employed for this horse on the day. These factors did not convince the Committee that there wasn’t an alternative to dropping his foot down contacting the horse’s leg for such a prolonged period.

DECISION

15] The Committee found the charge proved.

SUBMISSIONS FOR PENALTY

16] Mr Ydgren said Mr Anderson had a clear record as expected with this an unusual rule breach. He said the improper driving rule is vast and encompasses many areas. He said this breach of using a foot as a bar was as clear cut as could be imagined and he couldn’t recall an incident such as this one.

17] He said The Stewards considered this breach not to be at the top end as far as improper driving is concerned and the most previous charge for this rule was in 2015. He said there had been no charges under the new rule which provides for a 25-drive suspension. He said the Stewards wouldn’t expect that in this case, but would leave it to the Committee to determine the appropriate penalty.

18] Mr Anderson asked the Committee to consider a fine /suspension combination as penalty. He wondered if we could suspend him for one day plus a fine to enable him to drive on Easter Saturday.

19] Mr Ydgren said he had no problem with a combination but noted the Penalty Guide had no provision for it. He said Mr Anderson would average 3 drives per meeting and Mr Anderson agreed that was fair.

20] Deferment was discussed and Mr Anderson said he had notified drives at Rangiora on 14 April and could start any suspension after that.

REASONS FOR PENALTY

21] The JCA Penalty Guide provides a 25- drive suspension for a breach of this rule. We determine a suspension is required for a breach of this rule.

22] The Aggravating factor is the prolonged time Mr Anderson has dropped his foot. In Mitigation Mr Anderson requires some credit for a good record.

23] The Committee was mindful this was the first breach under the new guidelines, and consider a 4-day suspension as an appropriate penalty in this case.

PENALTY

24] Accordingly, Mr Anderson’s horseman’s licence is suspended from the close of racing on the 14 April 2019 up to and including racing on the 23 April 2019. Meetings encompassed in this suspension are: Forbury Park 18 April, NZMTC 20 April, Banks Peninsula TC 22 April and Invercargill HRC 23 April 2019.

Dave Anderson

Chair

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