NZ Metro TC 24 April 2014 – R 6
ID: JCA12095
Meet Title:
NZ Metro TC - 24 April 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2014/04/24
Race Number:
R6
Decision:
The charge was found proved.
Penalty:
Mr Golding was fined the sum of $300.00.
Facts:
Following the running of Race 6, Clarksons Logos & Branding Specialists Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr S F Golding, alleging that Mr Golding, as the driver of BEACON HILL in the race, “drove carelessly near the 1200 metres when shifting ground inwards when not clear of IREBY BETTY (C I Hunter) resulting in checks to IREBY BETTY, BRUTE UTE ANVIL, TIANA FRANCO and FIFTH EDITION”.
Mr Golding was present at the hearing of the information, and he indicated that he denied the breach. He was assisted at the hearing by Licensed Open Horseman, Mr G D Smith.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr Ydgren said that it was the allegation of the Stewards that Mr Golding, when progressing 3-wide around the field, had not shown sufficient care to ensure that he could cross down to the parked position. He did not ensure that he was clear when he tried to complete that manoeuvre. He was not clear and had checked IREBY BETTY, driven by Miss Hunter.
Mr Ydgren had Co-Chief Stipendiary Steward, Mr N G McIntyre point out the relevant runners on video replays of the incident with approximately 1200 metres to run. He showed that BEACON HILL was progressing forward to the parked position which was occupied by IREBY BETTY. Behind IREBY BETTY in the running line, in order, were BRUTE UTE ANVIL, TIANA FRANCO and FIFTH EDITION.
Mr McIntyre said that this was a case of a horseman progressing forward, not clear of the inside runner which got “chopped down”. Miss Hunter, driving IREBY BETTY, was lucky not to fall, as were the three horses following that runner. This was all due to Mr Golding not being clear of IREBY BETTY when shifting across, Mr McIntyre submitted.
Mr McIntyre said that the only time that Mr Golding looked back was when the damage had been done.
Mr Ydgren said that it was “glaringly obvious” to the Stewards that there was no sudden inwards shift from BEACON HILL, neither was the horse giving Mr Golding any difficulty. It was a gradual move from the 3-wide position over some distance to the parked position crowding IREBY BETTY’s racing room until it made contact with that horse, he said. Just prior to that, Mr Ydgren conceded, Mr Golding did make some effort to pull the horse’s head outwards but the damage had been done and contact was made a stride later.
Mr Golding said that he was progressing forward 3-wide. When he got to Miss Hunter’s horse’s shoulder, his horse had run in. It was unfortunate that this was right on the point of the bend, he said. He had done his best to correct the horse and stop it running in, he said. His horse had “loomed up” 3-wide and steering straight and, it could be seen on the video he said, that his horse did make a sudden movement, contrary to what Mr Ydgren had alleged.
Mr Smith said that he was the caretaker trainer for BEACON HILL. The former trainer, Mr Pash, had recommended that it not race in the Junior Drivers’ race and it did show some erratic tendencies when he drove it on Tuesday, Mr Smith said, so he engaged Mr Golding, an experienced Junior Driver, to drive it. The horse had been steering straight and driving true but, as it got three-quarters past IREBY BETTY had leaned in and, when Mr Golding steered it out, it had “gone in worse”. Mr Smith said that the horse was more to blame – it should not have reacted in the manner it did.
Mr Golding then referred to the video replays. He stated that he knew that he was not clear of Miss Hunter. He submitted that he could be seen on the video to take corrective action 4 or 5 metres before the horse ran in. When he took corrective action, the horse had run in more and had “fought” him and gone the other way.
In response, Mr Ydgren repeated that the Stewards’ position was that Mr Golding had not allowed himself enough room when the horse shifted across to the parked position. He had realised too late and made an effort to pull the horse back out but the damage had been done. Mr Golding responded that he was entitled to be where he was when his horse ran in.
Reasons for Decision:
The Committee listened carefully to the evidence and submissions of the parties.
Mr Smith argued quite eloquently on Mr Golding’s behalf.
At first glance, this seemed to be a clear case of a driver crossing another runner when there was not sufficient clearance for him to do so, and nothing that the Committee saw or heard diverted it from that view.
Mr Golding and Mr Smith both submitted that BEACON HILL had made a sudden movement, that Mr Golding had tried to correct it but that it was too late as his sulky had contacted the legs of IREBY BETTY, causing that runner to check with consequent interference to the three trailing runners. That interference could be described as a “concertina effect”.
The Committee found that evidence hard to accept. Even if his horse did, of its own accord, move in slightly it is our view that Mr Golding failed in his obligation to allow sufficient clearance to ensure that he could cross IREBY BETTY, which he was attempting to do, with complete safety.
We accept that Mr Golding did take some action to straighten his horse but it was, we find, too little too late, the damage had been done and the interference caused as alleged.
We find that Mr Golding’s driving fell short of the standard required of a reasonable and prudent driver. We find that he drove carelessly and the charge, therefore, to be proved.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide which suggested a starting point for penalty for a breach of the Rule of a fine of $400 or 8 drives. Mr Golding was entitled to credit for his good record and also the fact that he is a Junior Driver. Mr Golding was not entitled to any credit for admitting the breach in what was, in the view of the Stewards, a clear-cut case.
He submitted that a fine of $300 was an appropriate penalty.
Mr Golding said that he was in a position to pay a fine and preferred a fine to a suspension. He submitted that the decision was “touch and go” and asked if he could receive a concession for that. Mr Smith added that Mr Golding had wished to admit the charge but said that he had advised him to deny it. He asked if this could be taken into account.
Reasons for Penalty:
In determining penalty for this breach, the Committee took the starting point in the Penalty Guide referred to by Mr Ydgren. A fine was an appropriate penalty in this case so the Committee started from a figure of $400. It was an aggravating factor that the degree of carelessness was, in our assessment, in the mid-to-high range. For that, an uplift of $100 from the starting point of $100 was warranted.
From the figure of $500 arrived at, the Committee was able to give Mr Golding a discount for certain mitigating factors – namely, Mr Golding’s good record and the fact that he is a Junior Driver. We accept that his record is a good one because we are aware that Mr Golding is a busy Junior Driver. Allowing $100 for each of those factors, we arrive at a fine of $300 and Mr Golding is fined that sum accordingly.
JCA Decision Fields (raw)
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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: 30c963d83ffbb5fe024f7fa0bac2d775
informantnumber: A6132
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 28/04/2014
hearing_title: NZ Metro TC 24 April 2014 - R 6
charge:
facts:
Following the running of Race 6, Clarksons Logos & Branding Specialists Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr S F Golding, alleging that Mr Golding, as the driver of BEACON HILL in the race, “drove carelessly near the 1200 metres when shifting ground inwards when not clear of IREBY BETTY (C I Hunter) resulting in checks to IREBY BETTY, BRUTE UTE ANVIL, TIANA FRANCO and FIFTH EDITION”.
Mr Golding was present at the hearing of the information, and he indicated that he denied the breach. He was assisted at the hearing by Licensed Open Horseman, Mr G D Smith.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that it was the allegation of the Stewards that Mr Golding, when progressing 3-wide around the field, had not shown sufficient care to ensure that he could cross down to the parked position. He did not ensure that he was clear when he tried to complete that manoeuvre. He was not clear and had checked IREBY BETTY, driven by Miss Hunter.
Mr Ydgren had Co-Chief Stipendiary Steward, Mr N G McIntyre point out the relevant runners on video replays of the incident with approximately 1200 metres to run. He showed that BEACON HILL was progressing forward to the parked position which was occupied by IREBY BETTY. Behind IREBY BETTY in the running line, in order, were BRUTE UTE ANVIL, TIANA FRANCO and FIFTH EDITION.
Mr McIntyre said that this was a case of a horseman progressing forward, not clear of the inside runner which got “chopped down”. Miss Hunter, driving IREBY BETTY, was lucky not to fall, as were the three horses following that runner. This was all due to Mr Golding not being clear of IREBY BETTY when shifting across, Mr McIntyre submitted.
Mr McIntyre said that the only time that Mr Golding looked back was when the damage had been done.
Mr Ydgren said that it was “glaringly obvious” to the Stewards that there was no sudden inwards shift from BEACON HILL, neither was the horse giving Mr Golding any difficulty. It was a gradual move from the 3-wide position over some distance to the parked position crowding IREBY BETTY’s racing room until it made contact with that horse, he said. Just prior to that, Mr Ydgren conceded, Mr Golding did make some effort to pull the horse’s head outwards but the damage had been done and contact was made a stride later.
Mr Golding said that he was progressing forward 3-wide. When he got to Miss Hunter’s horse’s shoulder, his horse had run in. It was unfortunate that this was right on the point of the bend, he said. He had done his best to correct the horse and stop it running in, he said. His horse had “loomed up” 3-wide and steering straight and, it could be seen on the video he said, that his horse did make a sudden movement, contrary to what Mr Ydgren had alleged.
Mr Smith said that he was the caretaker trainer for BEACON HILL. The former trainer, Mr Pash, had recommended that it not race in the Junior Drivers’ race and it did show some erratic tendencies when he drove it on Tuesday, Mr Smith said, so he engaged Mr Golding, an experienced Junior Driver, to drive it. The horse had been steering straight and driving true but, as it got three-quarters past IREBY BETTY had leaned in and, when Mr Golding steered it out, it had “gone in worse”. Mr Smith said that the horse was more to blame – it should not have reacted in the manner it did.
Mr Golding then referred to the video replays. He stated that he knew that he was not clear of Miss Hunter. He submitted that he could be seen on the video to take corrective action 4 or 5 metres before the horse ran in. When he took corrective action, the horse had run in more and had “fought” him and gone the other way.
In response, Mr Ydgren repeated that the Stewards’ position was that Mr Golding had not allowed himself enough room when the horse shifted across to the parked position. He had realised too late and made an effort to pull the horse back out but the damage had been done. Mr Golding responded that he was entitled to be where he was when his horse ran in.
reasonsfordecision:
The Committee listened carefully to the evidence and submissions of the parties.
Mr Smith argued quite eloquently on Mr Golding’s behalf.
At first glance, this seemed to be a clear case of a driver crossing another runner when there was not sufficient clearance for him to do so, and nothing that the Committee saw or heard diverted it from that view.
Mr Golding and Mr Smith both submitted that BEACON HILL had made a sudden movement, that Mr Golding had tried to correct it but that it was too late as his sulky had contacted the legs of IREBY BETTY, causing that runner to check with consequent interference to the three trailing runners. That interference could be described as a “concertina effect”.
The Committee found that evidence hard to accept. Even if his horse did, of its own accord, move in slightly it is our view that Mr Golding failed in his obligation to allow sufficient clearance to ensure that he could cross IREBY BETTY, which he was attempting to do, with complete safety.
We accept that Mr Golding did take some action to straighten his horse but it was, we find, too little too late, the damage had been done and the interference caused as alleged.
We find that Mr Golding’s driving fell short of the standard required of a reasonable and prudent driver. We find that he drove carelessly and the charge, therefore, to be proved.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide which suggested a starting point for penalty for a breach of the Rule of a fine of $400 or 8 drives. Mr Golding was entitled to credit for his good record and also the fact that he is a Junior Driver. Mr Golding was not entitled to any credit for admitting the breach in what was, in the view of the Stewards, a clear-cut case.
He submitted that a fine of $300 was an appropriate penalty.
Mr Golding said that he was in a position to pay a fine and preferred a fine to a suspension. He submitted that the decision was “touch and go” and asked if he could receive a concession for that. Mr Smith added that Mr Golding had wished to admit the charge but said that he had advised him to deny it. He asked if this could be taken into account.
reasonsforpenalty:
In determining penalty for this breach, the Committee took the starting point in the Penalty Guide referred to by Mr Ydgren. A fine was an appropriate penalty in this case so the Committee started from a figure of $400. It was an aggravating factor that the degree of carelessness was, in our assessment, in the mid-to-high range. For that, an uplift of $100 from the starting point of $100 was warranted.
From the figure of $500 arrived at, the Committee was able to give Mr Golding a discount for certain mitigating factors – namely, Mr Golding’s good record and the fact that he is a Junior Driver. We accept that his record is a good one because we are aware that Mr Golding is a busy Junior Driver. Allowing $100 for each of those factors, we arrive at a fine of $300 and Mr Golding is fined that sum accordingly.
penalty:
Mr Golding was fined the sum of $300.00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: S F Golding, Licensed Junior Driver
Otherperson: G D Smith, Licensed Open Driver
PersonPresent:
Respondent:
StipendSteward:
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race_title: R6
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meet_title: NZ Metro TC - 24 April 2014
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