NZ Metro TC 29 July 2012 – R 1
ID: JCA13368
Meet Title:
NZ Metro TC - 29 July 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/07/29
Race Number:
R 1
Decision:
The charge was found to be proved.
Penalty:
Mr McCormick was fined the sum of $300 in conjunction with a 2 day suspension beginning after racing today, 29 July, up to and including 5 August 2012. This suspension includes the NZMTC at Addington on 2 August and Kurow Harness at Oamaru on 5 August.
Charge:
Breach of Rule 868(2)
Facts:
Following the running of Race 1, the Searells Chartered Accountants Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren against Junior Horseman, Mr L D McCormick alleging a breach of Rule 868(2) in that he failed to take all reasonable and permissible measures to hold the trailing position over the early stages of the race.
The information reads as follows.
“I the above named Informant allege that the above named Respondent committed a breach of Rule 868(2) in that you failed to take all measures which were reasonable and permissible to hold the trailing position in the early stages which would have ensured your horse was given full opportunity to obtain the best finishing place possible.”
Rule 868(2) reads as follows:
“Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.”
Submissions for Decision:
Mr McCormick had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr McCormick also agreed that he understood the charge and the Rule it was brought under.
Mr McCormick was given the opportunity to have the matter adjourned and to be held at a later date but this was declined.
As Mr McCormick was a Junior Driver, Open Horseman, Mr G D Smith assisted at the hearing.
Mr Ydgren gave evidence and showed video evidence with assistance from Mr McIntyre, to show Mr McCormick driving “Highview Linda”, who had drawn -2- off the mobile barrier. Mr Ydgren explained to the Committee that “Highview Linda” was trained by Mr G Smith as was “Capri”, driven by Mr D Dunn, which drew -4- at the mobile barrier. Mr Ydgren gave evidence that “Universal Rule” who drew -1- at the mobile barrier, was pushed forward and comfortably held the lead. Mr McCormick was afforded a clear opportunity to take the trail of “Universal Rule” which he did after slapping the horse on several occasions with the right rein to urge the horse forward and across. Mr Ydgren alleged that shortly after achieving the trail and after “Capri” (D Dunn) reached the outside of “Highview Linda”, Mr McCormick ceases in his urgings and is seen to take a hold for 50 to 60 metres just prior to the bend. Following this, Mr McCormick relinquishes the trailing position and races 3 back, with Mr Dunn shifting from a -2- off position to down onto the running line. Mr Ydgren submitted that Mr McCormick should have continued on in the trailing position behind the leader and made more of an effort to hold his position in the field over the 50 to 60m mentioned above. This would have been the best possible position and more beneficial for the horse, in the trail, instead of -3- back on the pylons where he ultimately ended up. Mr Ydgren submitted that “Highview Linda” stayed in the -3- back position for the majority of the race and was unable to pass “Capri” in the final stages. It would be reasonable to suggest, Mr Ydgen stated, that had Mr McCormick made some more discernible urging or action in the early stages, as he had done initially, and held that trailing position, it would be reasonable to suggest that he may have finished in a better position, in all likelihood in 3rd place.
Mr Ydgren submitted that “Highfield Linda” had undergone a post-race veterinary check with no abnormalities detected.
Mr Smith, as trainer of “Highfield Linda” and assisting Mr McCormick, gave evidence that Mr McCormick was told not to drive the filly out of the gate as the horse had galloped in workouts before. He stated that “Highfield Linda” was unpredictable, especially when racing around bends, where it could break suddenly without warning. Mr Smith stated that the horse was green and that he told Mr McCormick not to push the horse into the bend as he was concerned it would prop and break with its breaking history. He also submitted that “Highfield Linda” wore a rein pricker on the inside rein to keep the filly laying out so that it would pace well and stated the filly would break if laying in around the bend. Mr Smith submitted that had Mr McCormick pushed “Highfield Linda” into the first bend and tried to hold his position that the filly could have done something wrong. Mr Smith further added that Mr McCormick was driving to his instructions, he was more than happy with the drive and that he was the owner.
Mr McCormick stated that shortly after the barrier was released he had given the horse a couple of flicks with the right rein to urge it across to the trail and that he had a firm hold of the left rein throughout this movement. Mr McCormick submitted that he had tried to hold his position prior to the bend but had to take a hold approaching the bend as per instructions from the trainer and owner of the horse. Had he driven “Highfield Linda” into the bend and the horse had galloped he could see his future driving opportunities with Mr Smith’s stable diminished. Mr McCormick submitted that he had given consideration that “Highfield Linda” was a green 2 year old and he took a hold prior to the bend so the horse could be balanced up and minimise the risk of the filly breaking and causing problems with other runners. He stated that he had done the right thing by that horse and got it safely around. Mr McCormick, when questioned by the Committee, admitted that “Highfield Linda”, in the 50 to 60m leading into the bend, was racing kindly, well balanced and its head in the preferred position, inward, as stated by Mr Smith in his evidence.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence presented and the video coverage of the alleged breach.
Mr Ydgren alleged that Mr McCormick should have attempted to hold his position in the trail in the 50 to 60m leading into the first bend and by restraining “Highfield Linda” allowed “Capri” to take the preferred position in the trail of the leader. He stated that the horse was racing kindly, was balanced up and travelling well. He also submitted that there was no reason for Mr McCormick to steady solely on Mr Smith’s instructions. It was a driver’s responsibility to drive to the conditions and how the race developed to give his horse every opportunity to obtain the best possible position during the running to then ensure it finished in the best possible position.
Mr Smith submitted that “Highfield Linda” was a green horse who was unpredictable and could break without warning especially on bends if the filly’s head was not in the correct position, facing inwards. The filly wore a rein pricker to help ensure the filly raced correctly. Mr Smith stated that Mr McCormick was driving to instructions and he was happy with the drive as trainer and owner.
Mr McCormick submitted that he had tried to hold his position but was conscious of his driving instructions from Mr Smith, not to push the filly into the bend. He stated that he had restrained “Highfield Linda” approaching the bend to ensure the filly handled the bend and got around safely. Mr McCormick admitted to the Committee, when questioned, that “Highfield Linda” was racing kindly, was well balanced and its head in the preferred position racing in the 50 to 60m leading into the bend.
Drivers must make all reasonable and permissible measures during a race to ensure their horses are given full opportunity to obtain the best possible position or finishing place. The Committee believe that it was reasonable to expect Mr McCormick to take all reasonable measures to maintain his position behind the leader. The Committee found that “Highfield Linda” was racing kindly, balanced up and in the preferred laying out, head in position in the 50 to 60m leading into the bend and there was no reason why Mr McCormick could not have made more of an effort to hold his position. Mr McCormick’s excuse that he was driving solely to instructions does not amount to a defence and he has a responsibility to drive to the conditions and as to how the race develops. We believe Mr McCormick failed to display the required standard of professional competence over the early stages of the race and therefore find the charge proved.
Submissions for Penalty:
Mr Ydgren informed the Committee that the Stewards believed that this breach was not an intentional one with the stable mate of “Highfield Linda”,”Capri”, benefiting from Mr McCormick’s actions. Mr Ydgren believed that this was an error of judgement by Mr McCormick and that he should have made more of an attempt to hold his position. He believed that “Highfield Linda’s” chances in the race had been adversely affected by Mr McCormick’s misjudgement and that the breach should be rated as mid-range. He stated the JCA Penalty Guide indicated a starting point for a breach of this Rule to be a fine of $750 and/or a 15 drive suspension. Mr Ydgren submitted that Mr McCormick is an experienced Junior Horseman, had a clear penalty record and had a season total of 239 drives.
Mr McCormick, in answering a question from Mr Ydgren, stated he was not in a position to pay a substantial fine.
Mr Ydgren submitted that a combined penalty could be considered and that a suspension of 2 days and a fine of between $300 and $400 be considered.
Mr McCormick submitted that he would like to the Committee to consider a combined penalty of fine and suspension.
Reasons for Penalty:
In determining penalty the Committee have taken into consideration all aggravating and mitigating factors. We assessed the breach as no worse than mid-range and after looking at previous penalties imposed for similar breaches of this Rule, decided that a combined penalty be imposed.
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: 68d4edfa2cfb6ac601d46aad13b6ba6e
informantnumber: A5190
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 26/07/2012
hearing_title: NZ Metro TC 29 July 2012 - R 1
charge:
Breach of Rule 868(2)
facts:
Following the running of Race 1, the Searells Chartered Accountants Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren against Junior Horseman, Mr L D McCormick alleging a breach of Rule 868(2) in that he failed to take all reasonable and permissible measures to hold the trailing position over the early stages of the race.
The information reads as follows.
“I the above named Informant allege that the above named Respondent committed a breach of Rule 868(2) in that you failed to take all measures which were reasonable and permissible to hold the trailing position in the early stages which would have ensured your horse was given full opportunity to obtain the best finishing place possible.”
Rule 868(2) reads as follows:
“Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.”
appealdecision:
isappeal:
submissionsfordecision:
Mr McCormick had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr McCormick also agreed that he understood the charge and the Rule it was brought under.
Mr McCormick was given the opportunity to have the matter adjourned and to be held at a later date but this was declined.
As Mr McCormick was a Junior Driver, Open Horseman, Mr G D Smith assisted at the hearing.
Mr Ydgren gave evidence and showed video evidence with assistance from Mr McIntyre, to show Mr McCormick driving “Highview Linda”, who had drawn -2- off the mobile barrier. Mr Ydgren explained to the Committee that “Highview Linda” was trained by Mr G Smith as was “Capri”, driven by Mr D Dunn, which drew -4- at the mobile barrier. Mr Ydgren gave evidence that “Universal Rule” who drew -1- at the mobile barrier, was pushed forward and comfortably held the lead. Mr McCormick was afforded a clear opportunity to take the trail of “Universal Rule” which he did after slapping the horse on several occasions with the right rein to urge the horse forward and across. Mr Ydgren alleged that shortly after achieving the trail and after “Capri” (D Dunn) reached the outside of “Highview Linda”, Mr McCormick ceases in his urgings and is seen to take a hold for 50 to 60 metres just prior to the bend. Following this, Mr McCormick relinquishes the trailing position and races 3 back, with Mr Dunn shifting from a -2- off position to down onto the running line. Mr Ydgren submitted that Mr McCormick should have continued on in the trailing position behind the leader and made more of an effort to hold his position in the field over the 50 to 60m mentioned above. This would have been the best possible position and more beneficial for the horse, in the trail, instead of -3- back on the pylons where he ultimately ended up. Mr Ydgren submitted that “Highview Linda” stayed in the -3- back position for the majority of the race and was unable to pass “Capri” in the final stages. It would be reasonable to suggest, Mr Ydgen stated, that had Mr McCormick made some more discernible urging or action in the early stages, as he had done initially, and held that trailing position, it would be reasonable to suggest that he may have finished in a better position, in all likelihood in 3rd place.
Mr Ydgren submitted that “Highfield Linda” had undergone a post-race veterinary check with no abnormalities detected.
Mr Smith, as trainer of “Highfield Linda” and assisting Mr McCormick, gave evidence that Mr McCormick was told not to drive the filly out of the gate as the horse had galloped in workouts before. He stated that “Highfield Linda” was unpredictable, especially when racing around bends, where it could break suddenly without warning. Mr Smith stated that the horse was green and that he told Mr McCormick not to push the horse into the bend as he was concerned it would prop and break with its breaking history. He also submitted that “Highfield Linda” wore a rein pricker on the inside rein to keep the filly laying out so that it would pace well and stated the filly would break if laying in around the bend. Mr Smith submitted that had Mr McCormick pushed “Highfield Linda” into the first bend and tried to hold his position that the filly could have done something wrong. Mr Smith further added that Mr McCormick was driving to his instructions, he was more than happy with the drive and that he was the owner.
Mr McCormick stated that shortly after the barrier was released he had given the horse a couple of flicks with the right rein to urge it across to the trail and that he had a firm hold of the left rein throughout this movement. Mr McCormick submitted that he had tried to hold his position prior to the bend but had to take a hold approaching the bend as per instructions from the trainer and owner of the horse. Had he driven “Highfield Linda” into the bend and the horse had galloped he could see his future driving opportunities with Mr Smith’s stable diminished. Mr McCormick submitted that he had given consideration that “Highfield Linda” was a green 2 year old and he took a hold prior to the bend so the horse could be balanced up and minimise the risk of the filly breaking and causing problems with other runners. He stated that he had done the right thing by that horse and got it safely around. Mr McCormick, when questioned by the Committee, admitted that “Highfield Linda”, in the 50 to 60m leading into the bend, was racing kindly, well balanced and its head in the preferred position, inward, as stated by Mr Smith in his evidence.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence presented and the video coverage of the alleged breach.
Mr Ydgren alleged that Mr McCormick should have attempted to hold his position in the trail in the 50 to 60m leading into the first bend and by restraining “Highfield Linda” allowed “Capri” to take the preferred position in the trail of the leader. He stated that the horse was racing kindly, was balanced up and travelling well. He also submitted that there was no reason for Mr McCormick to steady solely on Mr Smith’s instructions. It was a driver’s responsibility to drive to the conditions and how the race developed to give his horse every opportunity to obtain the best possible position during the running to then ensure it finished in the best possible position.
Mr Smith submitted that “Highfield Linda” was a green horse who was unpredictable and could break without warning especially on bends if the filly’s head was not in the correct position, facing inwards. The filly wore a rein pricker to help ensure the filly raced correctly. Mr Smith stated that Mr McCormick was driving to instructions and he was happy with the drive as trainer and owner.
Mr McCormick submitted that he had tried to hold his position but was conscious of his driving instructions from Mr Smith, not to push the filly into the bend. He stated that he had restrained “Highfield Linda” approaching the bend to ensure the filly handled the bend and got around safely. Mr McCormick admitted to the Committee, when questioned, that “Highfield Linda” was racing kindly, was well balanced and its head in the preferred position racing in the 50 to 60m leading into the bend.
Drivers must make all reasonable and permissible measures during a race to ensure their horses are given full opportunity to obtain the best possible position or finishing place. The Committee believe that it was reasonable to expect Mr McCormick to take all reasonable measures to maintain his position behind the leader. The Committee found that “Highfield Linda” was racing kindly, balanced up and in the preferred laying out, head in position in the 50 to 60m leading into the bend and there was no reason why Mr McCormick could not have made more of an effort to hold his position. Mr McCormick’s excuse that he was driving solely to instructions does not amount to a defence and he has a responsibility to drive to the conditions and as to how the race develops. We believe Mr McCormick failed to display the required standard of professional competence over the early stages of the race and therefore find the charge proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that the Stewards believed that this breach was not an intentional one with the stable mate of “Highfield Linda”,”Capri”, benefiting from Mr McCormick’s actions. Mr Ydgren believed that this was an error of judgement by Mr McCormick and that he should have made more of an attempt to hold his position. He believed that “Highfield Linda’s” chances in the race had been adversely affected by Mr McCormick’s misjudgement and that the breach should be rated as mid-range. He stated the JCA Penalty Guide indicated a starting point for a breach of this Rule to be a fine of $750 and/or a 15 drive suspension. Mr Ydgren submitted that Mr McCormick is an experienced Junior Horseman, had a clear penalty record and had a season total of 239 drives.
Mr McCormick, in answering a question from Mr Ydgren, stated he was not in a position to pay a substantial fine.
Mr Ydgren submitted that a combined penalty could be considered and that a suspension of 2 days and a fine of between $300 and $400 be considered.
Mr McCormick submitted that he would like to the Committee to consider a combined penalty of fine and suspension.
reasonsforpenalty:
In determining penalty the Committee have taken into consideration all aggravating and mitigating factors. We assessed the breach as no worse than mid-range and after looking at previous penalties imposed for similar breaches of this Rule, decided that a combined penalty be imposed.
penalty:
Mr McCormick was fined the sum of $300 in conjunction with a 2 day suspension beginning after racing today, 29 July, up to and including 5 August 2012. This suspension includes the NZMTC at Addington on 2 August and Kurow Harness at Oamaru on 5 August.
hearing_type: Hearing
Rules: 868(2)
Informant: N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr L D McCormick - Junior Horseman
Otherperson: Mr G D Smith - Open Horseman assisting Mr McCormick, Mr N McIntyre - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 55e791465025131df4edded0c2abefc1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1524c293e80791d06c2c73e43be2642f
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
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meetdate: 29/07/2012
meet_title: NZ Metro TC - 29 July 2012
meet_expappcomment:
meet_km:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC