Cambridge-Te Awamutu HRC 20 November 2010 – R1
ID: JCA12778
Meet Title:
Cambridge - Te Awamutu HRC - 20 November 2010
Meet Chair:
JHolloway
Meet Committee Member 1:
AGodsalve
Race Date:
2010/11/20
Race Number:
R1 Cambridge TeAwamutu HRC 20 November 2010 - R1
Decision:
The charge is proven.
Penalty:
Mrs Neal was given a Judicial warning.
Charge:
Alleging a breach of rule 869(4)
Facts:
Stipendiary Steward Mr T Taumanu lodged an information charging Mrs Neal with a breach of Rule 869(4) during the running of race 1.
The charge read '' horsewoman L Neal driving Regal Counter trailled Uncle Wingnut too closely coming into contact causing her own horse to gallop and losing its chance with approximately 400 metres to run''
Rule 869(4) reads "No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress".
Mrs Neal appeared for the hearing and denied the breach endorsing the information accordingly.
Mr Taumanu referred the hearing to head on and side on film footage of the later stages of race 1 and identified the relevant runners.
He indicated where Mrs Neal's horse travelling closely behind Uncle Wingnut driven by Mr M Kerr struck its head against the helmet of Mr Kerr. Her horse went off stride breaking as a result. She took no further part in the race. It was a concern from the stewards' perspective that she was following so closely.
Mrs Neal had no questions of Mr Taumanu's evidence.
Mr Kerr driver of Uncle Wingnut told the hearing that he was travelling ahead of Mrs Neal. As they approached the final bend Mr Purdon on Bettor Party came across infront of him and ''significantly dropped the anchor'causing a chain reaction. His horse struck Mr Purdon on the back of the head and Mrs Neals horse did likewise to him. It was unusual for the speed to subside so markedly at that stage of the race.
In his opinion the easing of the pace was the major cause of the incident.
Mrs Neal had no questions of Mr Kerr's evidence.
Mrs Neal explained how the pace had picked up with about 500 metres to run and she had shaken her horse up to go with the pace. She was surprised that Mr Kerr had handed up the lead to Mr Purdon who had suddenly reduced speed pulling the field up. She took hold and her horse went rough for a few strides before galloping. It was fortunate there was no one behind her.
Submissions for Decision:
Mr Taumanu explained that throughout a race it was the drivers responsibility to make sure that nothing untoward happens. It was Mrs Neal's duty to keep sufficient space between her and Mr Kerr so that the horse didnt break and lose its chance. There were mitigating circumstances and the sudden reduction in speed at that stage of the race was highly unusual and would be enough to catch most people.
Whilst there was some excuse the responsibility remained.
Mrs Neal made no submissions.
Reasons for Decision:
The committee having reviewed the evidence and films of the incident were satisfied that Mrs Neal was very inlucky during the particular incident and could not have expected or foreseen the sudden reduction in speed. However she had an overriding responsibility to control her horse and and breached the rule by placing herself in a situation which resulted in her horse breaking. Her horse had been involved in an earlier incident which may have affected its disposition. The committee has taken substantial cognisance of the mitigating circumstances.
Submissions for Penalty:
Mr Taumanu suggested that the breach was below mid range and confirmed that Mrs Neal had a clear driving record. He sought a fine in the region $250.00
No submissions on penalty were asked of Mrs Neal.
Reasons for Penalty:
The committee was satisfied that although the breach was established there were major mitigating circumstances. The sudden reduction in the race tempo at that late stage was very unusual and unexpected. Mr Kerr had also been unable to prevent contact with the leading horse. Another incident at an earlier stage of the race may also have affected the level of control Mrs Neal had over her drive and of her concentration.
The Committee was satisfied that a fine was not appropriate.
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: 57be55c5ed528469a4e21f4788454949
informantnumber: 68665
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 21/11/2010
hearing_title: Cambridge-Te Awamutu HRC 20 November 2010 - R1
charge:
Alleging a breach of rule 869(4)
facts:
Stipendiary Steward Mr T Taumanu lodged an information charging Mrs Neal with a breach of Rule 869(4) during the running of race 1.
The charge read '' horsewoman L Neal driving Regal Counter trailled Uncle Wingnut too closely coming into contact causing her own horse to gallop and losing its chance with approximately 400 metres to run''
Rule 869(4) reads "No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress".
Mrs Neal appeared for the hearing and denied the breach endorsing the information accordingly.
Mr Taumanu referred the hearing to head on and side on film footage of the later stages of race 1 and identified the relevant runners.
He indicated where Mrs Neal's horse travelling closely behind Uncle Wingnut driven by Mr M Kerr struck its head against the helmet of Mr Kerr. Her horse went off stride breaking as a result. She took no further part in the race. It was a concern from the stewards' perspective that she was following so closely.
Mrs Neal had no questions of Mr Taumanu's evidence.
Mr Kerr driver of Uncle Wingnut told the hearing that he was travelling ahead of Mrs Neal. As they approached the final bend Mr Purdon on Bettor Party came across infront of him and ''significantly dropped the anchor'causing a chain reaction. His horse struck Mr Purdon on the back of the head and Mrs Neals horse did likewise to him. It was unusual for the speed to subside so markedly at that stage of the race.
In his opinion the easing of the pace was the major cause of the incident.
Mrs Neal had no questions of Mr Kerr's evidence.
Mrs Neal explained how the pace had picked up with about 500 metres to run and she had shaken her horse up to go with the pace. She was surprised that Mr Kerr had handed up the lead to Mr Purdon who had suddenly reduced speed pulling the field up. She took hold and her horse went rough for a few strides before galloping. It was fortunate there was no one behind her.
appealdecision:
isappeal:
submissionsfordecision:
Mr Taumanu explained that throughout a race it was the drivers responsibility to make sure that nothing untoward happens. It was Mrs Neal's duty to keep sufficient space between her and Mr Kerr so that the horse didnt break and lose its chance. There were mitigating circumstances and the sudden reduction in speed at that stage of the race was highly unusual and would be enough to catch most people.
Whilst there was some excuse the responsibility remained.
Mrs Neal made no submissions.
reasonsfordecision:
The committee having reviewed the evidence and films of the incident were satisfied that Mrs Neal was very inlucky during the particular incident and could not have expected or foreseen the sudden reduction in speed. However she had an overriding responsibility to control her horse and and breached the rule by placing herself in a situation which resulted in her horse breaking. Her horse had been involved in an earlier incident which may have affected its disposition. The committee has taken substantial cognisance of the mitigating circumstances.
Decision:
The charge is proven.
sumissionsforpenalty:
Mr Taumanu suggested that the breach was below mid range and confirmed that Mrs Neal had a clear driving record. He sought a fine in the region $250.00
No submissions on penalty were asked of Mrs Neal.
reasonsforpenalty:
The committee was satisfied that although the breach was established there were major mitigating circumstances. The sudden reduction in the race tempo at that late stage was very unusual and unexpected. Mr Kerr had also been unable to prevent contact with the leading horse. Another incident at an earlier stage of the race may also have affected the level of control Mrs Neal had over her drive and of her concentration.
The Committee was satisfied that a fine was not appropriate.
penalty:
Mrs Neal was given a Judicial warning.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: T Taumanu
JockeysandTrainer: L Neal
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: aa6bdefbfa4eb91143dd6c8d270843c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1 Cambridge TeAwamutu HRC 20 November 2010 - R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4d4e4d16e3ffcf163108ae1c2035b7b3
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
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meetdate: 20/11/2010
meet_title: Cambridge - Te Awamutu HRC - 20 November 2010
meet_expappcomment:
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meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: AGodsalve
meet_pm2: none
name: Cambridge - Te Awamutu HRC