Archive Decision

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Timaru HRC 16 December 2010 – R 4

ID: JCA13539

Applicant:
N G McIntyre, Stipendiary Steward

Respondent(s):
R D Holmes, Licensed Open Driver

Other Person:
Mr S O Renault Stipendiary Steward

Information Number:
69450

Hearing Type:
Hearing

Rules:
869(4)

Plea:
denied

Meet Title:
Timaru HRC - 16 December 2010

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2010/12/16

Race Number:
R 4

Decision:

The charge was dismissed.

Charge:

Following the running of Race 4, “Lis Mara” & Race Images Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R D Holmes, alleging a breach of Rule 869 (4) in that Mr Holmes, as the driver of LIONSIXCHRISTIANSNIL, “drove in a manner causing interference to his own horse when attempting to improve his position between ARTZONE (J F Curtin) and MACKS BLUE JEAN (R N Burton) over the final stages”.

Facts:

Mr Holmes was present at the hearing of the information and he indicated that he did not admit the breach.

Rule 869 provides as follows:
(4) 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.

Submissions for Decision:

Mr McIntyre stated that LIONSIXCHRISTIANSNIL had gone into a break in the closing stages as a result of Mr Holmes anticipating a run between ARTZONE and MACKS BLUE JEAN. ARTZONE, which was racing directly in front of Mr Holmes’ horse, had “run about a bit” but at no stage was there going to be a full run available to Mr Holmes. Mr Holmes had contemplated a “high risk manoeuvre” which had not come off.

Mr S P Renault, Stipendiary Steward, showed video replays of the final 200 metres of the race. He pointed out Mr Holmes attempt a run between ARTZONE and MACKS BLUE JEAN and, in doing so, broke his horse up, he alleged. At no stage, was there a gap for horse and sulky, Mr Renault submitted.

Mr McIntyre conceded that Mr Curtin’s horse had shifted “half a cart” and raced greenly in the run home. Mr Holmes was never established between the two horses. He had contacted the horse on his inside, MACKS BLUE JEAN, and gone into a break.

Mr Holmes submitted that, at no time, had he got his horse’s legs up alongside or inside the sulky wheel of ARTZONE. He said that it was clear that ARTZONE had moved down in the straight. Mr Holmes said that had “half committed” to the gap but ARTZONE had come back down. His cart had contacted the cart of MACKS BLUE JEAN causing his horse to pace roughly and then break. The downward movement of ARTZONE had forced him to severely take hold of his horse, which overreacted. He had put himself in a position to take the gap which did not eventuate, forcing him to take hold of his horse. Mr Holmes admitted that he could not have got through the gap but said that he did not push his horse into the gap. Mr Holmes referred to the side-on video replay and submitted that it was clear that he was behind ARTZONE at all times. He took evasive action because of the gap narrowing and the horse had gone off stride. He stressed that he had not entered the gap prior to taking that evasive action.

Mr McIntyre submitted that a reasonable and prudent driver would not have attempted the manoeuvre. It was a “questionable movement”.

Reasons for Decision:

The question for the Committee, having listened to the evidence and submissions of the parties and viewed the video replays, was whether the breaking of LIONSIXCHRISTIANSNIL in the final stages of the race was caused by the manner in which Mr Holmes drove.

The allegation of the Stewards, in essence, was that Mr Holmes had attempted a high risk manoeuvre in anticipating and attempting to take a gap between ARTZONE and MACKS BLUE JEAN. In doing so, he had caused his own horse to break when the gap did not materialise.

Mr Holmes admitted that he had anticipated that a gap would come for him and he had put his horse in a position to take it. The Committee found that it was reasonable for Mr Holmes to do so because it was apparent from the head-on video replay that, early in the run home, a gap did briefly appear when ARTZONE shifted outwards. It was reasonable for him to expect that a gap would become available if that horse continued to shift out.

However, the Committee found that Mr Holmes took care to not actually put his horse into the gap. It was significant that, as Mr Holmes pointed out, his horse’s legs did not get up alongside or in front of ARTZONE’s sulky wheel. It followed from that that he had not got into a gap.

The Committee found that the breaking of LIONSIXCHRISTIANSNIL was the result of what is usually described as a “racing incident”. It was agreed by the Stewards, and very apparent from the head-on video replay, that ARTZONE had run about in the home straight. Mr Holmes had been awaiting the gap and was forced to restrain when ARTZONE moved back down. He ran out of racing room. His horse was squeezed up and broke as he restrained it.

The Committee was, therefore, not satisfied that Mr Holmes had done anything which resulted in his own horse’s breaking.

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: 42b895ba664e112781eacf18b2d5cb66


informantnumber: 69450


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 0


decisiondate: 09/12/2010


hearing_title: Timaru HRC 16 December 2010 - R 4


charge:

Following the running of Race 4, “Lis Mara” & Race Images Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R D Holmes, alleging a breach of Rule 869 (4) in that Mr Holmes, as the driver of LIONSIXCHRISTIANSNIL, “drove in a manner causing interference to his own horse when attempting to improve his position between ARTZONE (J F Curtin) and MACKS BLUE JEAN (R N Burton) over the final stages”.


facts:

Mr Holmes was present at the hearing of the information and he indicated that he did not admit the breach.

Rule 869 provides as follows:
(4) 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.


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre stated that LIONSIXCHRISTIANSNIL had gone into a break in the closing stages as a result of Mr Holmes anticipating a run between ARTZONE and MACKS BLUE JEAN. ARTZONE, which was racing directly in front of Mr Holmes’ horse, had “run about a bit” but at no stage was there going to be a full run available to Mr Holmes. Mr Holmes had contemplated a “high risk manoeuvre” which had not come off.

Mr S P Renault, Stipendiary Steward, showed video replays of the final 200 metres of the race. He pointed out Mr Holmes attempt a run between ARTZONE and MACKS BLUE JEAN and, in doing so, broke his horse up, he alleged. At no stage, was there a gap for horse and sulky, Mr Renault submitted.

Mr McIntyre conceded that Mr Curtin’s horse had shifted “half a cart” and raced greenly in the run home. Mr Holmes was never established between the two horses. He had contacted the horse on his inside, MACKS BLUE JEAN, and gone into a break.

Mr Holmes submitted that, at no time, had he got his horse’s legs up alongside or inside the sulky wheel of ARTZONE. He said that it was clear that ARTZONE had moved down in the straight. Mr Holmes said that had “half committed” to the gap but ARTZONE had come back down. His cart had contacted the cart of MACKS BLUE JEAN causing his horse to pace roughly and then break. The downward movement of ARTZONE had forced him to severely take hold of his horse, which overreacted. He had put himself in a position to take the gap which did not eventuate, forcing him to take hold of his horse. Mr Holmes admitted that he could not have got through the gap but said that he did not push his horse into the gap. Mr Holmes referred to the side-on video replay and submitted that it was clear that he was behind ARTZONE at all times. He took evasive action because of the gap narrowing and the horse had gone off stride. He stressed that he had not entered the gap prior to taking that evasive action.

Mr McIntyre submitted that a reasonable and prudent driver would not have attempted the manoeuvre. It was a “questionable movement”.


reasonsfordecision:

The question for the Committee, having listened to the evidence and submissions of the parties and viewed the video replays, was whether the breaking of LIONSIXCHRISTIANSNIL in the final stages of the race was caused by the manner in which Mr Holmes drove.

The allegation of the Stewards, in essence, was that Mr Holmes had attempted a high risk manoeuvre in anticipating and attempting to take a gap between ARTZONE and MACKS BLUE JEAN. In doing so, he had caused his own horse to break when the gap did not materialise.

Mr Holmes admitted that he had anticipated that a gap would come for him and he had put his horse in a position to take it. The Committee found that it was reasonable for Mr Holmes to do so because it was apparent from the head-on video replay that, early in the run home, a gap did briefly appear when ARTZONE shifted outwards. It was reasonable for him to expect that a gap would become available if that horse continued to shift out.

However, the Committee found that Mr Holmes took care to not actually put his horse into the gap. It was significant that, as Mr Holmes pointed out, his horse’s legs did not get up alongside or in front of ARTZONE’s sulky wheel. It followed from that that he had not got into a gap.

The Committee found that the breaking of LIONSIXCHRISTIANSNIL was the result of what is usually described as a “racing incident”. It was agreed by the Stewards, and very apparent from the head-on video replay, that ARTZONE had run about in the home straight. Mr Holmes had been awaiting the gap and was forced to restrain when ARTZONE moved back down. He ran out of racing room. His horse was squeezed up and broke as he restrained it.

The Committee was, therefore, not satisfied that Mr Holmes had done anything which resulted in his own horse’s breaking.


Decision:

The charge was dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: 869(4)


Informant: N G McIntyre, Stipendiary Steward


JockeysandTrainer: R D Holmes, Licensed Open Driver


Otherperson: Mr S O Renault Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: dbd7db90a82bfdf86dc567a8327d98a7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 173bb8d0bdc75272012410d75f3e42fc


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meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


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meetdate: 16/12/2010


meet_title: Timaru HRC - 16 December 2010


meet_expappcomment:


meet_km:


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tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Timaru HRC