Oamaru HRC 29 January 2012 – R 8
ID: JCA12493
Meet Title:
Oamaru HRC - 29 January 2012
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2012/01/29
Race Number:
R8
Decision:
We find the breach proved.
Penalty:
Taking into account the respondent’s status as a junior horsewoman, we impose a fine of $150 and remind her of her obligations under the rules when shifting down on the track.
Charge:
Mr Ydgren, stipendiary steward, alleged that Ms J Young shifted down the track passing the winning post on the first occasion when insufficiently clear of PRESIDENTIAL HONOUR, which was crowded for room and raced roughly.
Facts:
Mr Ydgren demonstrated on the videos that shortly after the start the respondent crossed the field from barrier position 5 when not clear of Mr Veint who had to check his horse.
Submissions for Decision:
Mr Ydgren called Mr Veint, junior horseman, who stated that shortly after the start and on the first bend Ms Young had shifted down on the track tightening him up a bit. He said he was established in his position in the field and that there were horses to his inside. He said there was no contact with Ms Young and he was just tightened for a bit. He said he yelled as did other drivers but the respondent did not appear to hear as she just kept coming. He acknowledged he had paced roughly out of the gate but once he had given his horse its head it was pacing ok and it was pacing fine at the time of the incident. He said he had had to check his horse, which went roughly for a few strides as a consequence. In response to questioning by Mr May, who assisted the respondent, Mr Veint said he had had to take evasive action as he could see Ms Young was going to come across and take his legs. He thought there had been contact between his cart and that of Mr B Williamson who was racing on his inner. He agreed his horse may had over-reacted but he emphasised he had lost momentum.
Mr May said a more experienced driver would have taken hold of his horse earlier than Mr Veint did, and the horse may not have reacted as Mr Veint’s had. He observed that Mr Veint never lost his position in the field. He said he had thought Mr Veint could have taken hold of his horse and he emphasised that driver’s inexperience. He believed the squeezing that had occurred was at the lower end of the scale.
Ms Young stated there was no contact between her and Mr Veint and that PRESIDENTIAL HONOUR had galloped after she had gone past. She said it was clear for some time that she was going to cross PRESIDENTIAL HONOUR and Mr Veint had had every opportunity to ease. She stated this was the first time she had driven TYLER FRANCO and that it had a pole on its near side and this may have contributed to the incident in that it may have over-reacted to her urgings when she was crossing the field. She acknowledged Mr Veint had yelled but said this was after she had gone past, and was not when she was crossing. She concluded by saying she believed she was clear of PRESIDENTIAL HONOUR when she crossed.
Reasons for Decision:
We are satisfied that Ms Young did cross the field when not sufficiently of PRESIDENTIAL HONOUR. That horse was placed in restricted room and galloped briefly. She was aware that TYLER FRANCO, which she was driving for the first time, had a pole on its near side. In these circumstances when she was aware she was shifting across the field she should have made an effort to ensure that she remained well clear of the horses on her inner. This would have been the response of a careful and prudent driver. Mr Veint is an inexperienced driver and the respondent knew this; it was a junior drivers race. It may be that a more experienced driver may have eased his horse prior to Mr Veint did, but the key issue is that Mr Veint had established his position in the field, and he was entitled to his racing room. He lost that due to the respondent’s actions.
Submissions for Penalty:
Mr Ydgren produced the respondent’s record, which showed one previous breach of this rule some six months ago when the penalty was 3 days suspension. He said this breach was at the lower end and submitted the appropriate penalty was a fine in the range of $150 to $200. Ms Young agreed that a fine was appropriate. She said it was minor interference and that Mr Veint was always going to settle in the position in the field that he did.
Reasons for Penalty:
We agree with the description of the breach as being at the lower end. The respondent has simply misjudged her distance from Mr Veint when she crossed the field. The interference suffered was not substantial. Ms Young’s record can be said to be good, with one breach this season. A suspension is not necessary to hold her responsible.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
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: 6267df7a7e7ca794007d04a3c90617bd
informantnumber: 5228
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: Oamaru HRC 29 January 2012 - R 8
charge:
Mr Ydgren, stipendiary steward, alleged that Ms J Young shifted down the track passing the winning post on the first occasion when insufficiently clear of PRESIDENTIAL HONOUR, which was crowded for room and raced roughly.
facts:
Mr Ydgren demonstrated on the videos that shortly after the start the respondent crossed the field from barrier position 5 when not clear of Mr Veint who had to check his horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren called Mr Veint, junior horseman, who stated that shortly after the start and on the first bend Ms Young had shifted down on the track tightening him up a bit. He said he was established in his position in the field and that there were horses to his inside. He said there was no contact with Ms Young and he was just tightened for a bit. He said he yelled as did other drivers but the respondent did not appear to hear as she just kept coming. He acknowledged he had paced roughly out of the gate but once he had given his horse its head it was pacing ok and it was pacing fine at the time of the incident. He said he had had to check his horse, which went roughly for a few strides as a consequence. In response to questioning by Mr May, who assisted the respondent, Mr Veint said he had had to take evasive action as he could see Ms Young was going to come across and take his legs. He thought there had been contact between his cart and that of Mr B Williamson who was racing on his inner. He agreed his horse may had over-reacted but he emphasised he had lost momentum.
Mr May said a more experienced driver would have taken hold of his horse earlier than Mr Veint did, and the horse may not have reacted as Mr Veint’s had. He observed that Mr Veint never lost his position in the field. He said he had thought Mr Veint could have taken hold of his horse and he emphasised that driver’s inexperience. He believed the squeezing that had occurred was at the lower end of the scale.
Ms Young stated there was no contact between her and Mr Veint and that PRESIDENTIAL HONOUR had galloped after she had gone past. She said it was clear for some time that she was going to cross PRESIDENTIAL HONOUR and Mr Veint had had every opportunity to ease. She stated this was the first time she had driven TYLER FRANCO and that it had a pole on its near side and this may have contributed to the incident in that it may have over-reacted to her urgings when she was crossing the field. She acknowledged Mr Veint had yelled but said this was after she had gone past, and was not when she was crossing. She concluded by saying she believed she was clear of PRESIDENTIAL HONOUR when she crossed.
reasonsfordecision:
We are satisfied that Ms Young did cross the field when not sufficiently of PRESIDENTIAL HONOUR. That horse was placed in restricted room and galloped briefly. She was aware that TYLER FRANCO, which she was driving for the first time, had a pole on its near side. In these circumstances when she was aware she was shifting across the field she should have made an effort to ensure that she remained well clear of the horses on her inner. This would have been the response of a careful and prudent driver. Mr Veint is an inexperienced driver and the respondent knew this; it was a junior drivers race. It may be that a more experienced driver may have eased his horse prior to Mr Veint did, but the key issue is that Mr Veint had established his position in the field, and he was entitled to his racing room. He lost that due to the respondent’s actions.
Decision:
We find the breach proved.
sumissionsforpenalty:
Mr Ydgren produced the respondent’s record, which showed one previous breach of this rule some six months ago when the penalty was 3 days suspension. He said this breach was at the lower end and submitted the appropriate penalty was a fine in the range of $150 to $200. Ms Young agreed that a fine was appropriate. She said it was minor interference and that Mr Veint was always going to settle in the position in the field that he did.
reasonsforpenalty:
We agree with the description of the breach as being at the lower end. The respondent has simply misjudged her distance from Mr Veint when she crossed the field. The interference suffered was not substantial. Ms Young’s record can be said to be good, with one breach this season. A suspension is not necessary to hold her responsible.
penalty:
Taking into account the respondent’s status as a junior horsewoman, we impose a fine of $150 and remind her of her obligations under the rules when shifting down on the track.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr Ydgren - Stipendiary Steward
JockeysandTrainer: Ms J Young - Junior Driver
Otherperson: Mr R May - Licensed Open Horseman assisting Ms Young
PersonPresent:
Respondent:
StipendSteward:
raceid: 6cfe893ba932467b59def03292d3d9c3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cad1b1e8b652c3ff702e11718fe7910f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2012
meet_title: Oamaru HRC - 29 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Oamaru HRC