NZ Metro TC 16 March 2012 – R 6
ID: JCA14106
Meet Title:
NZ Metro TC - 16 March 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2012/03/16
Race Number:
R6
Decision:
The charge was dismissed.
Charge:
Careless Driving.
Facts:
Following the running of Race 6, Bush Inn Mobile Pace, a race for Junior Drivers, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr R D Close, alleging a breach of Rule 869 (3) (b) in that Mr Close, as the driver of UWEEHUMMA in the race, “drove carelessly when attempting to shift SUE DINKA (S F Golding) wider, resulting in [his] horse UWEEHUMMA hitting the wheel of SUE DINKA which resulted in UWEEHUMMA falling and drivers S R Stewart (WINSTONE P) and S J Ottley (TAMANISHA) being dislodged. Also FAR TOO RUSTY (K M Cox) was checked and lost its chance”.
Mr Close 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 the Stewards were alleging that, between the 800 and 700 metres, Mr Close attempted to ease SUE DINKA (S F Golding) outwards. At the time, Mr Close did have a “discernible advantage” over Mr Golding and was entitled to attempt that shift, Mr Ydgren said. However, Mr Golding was soon able to regain the advantage and did not have to concede his 3-wide with cover run but was entitled to remain where he was. Mr Close continued briefly to continue to attempt to ease out Mr Golding, Mr Ydgren said, but Mr Golding had gone forward. In the process, Mr Close’s off hind leg had struck the sulky wheel of SUE DINKA and, as a result it paced roughly, stumbled and caused the interference as alleged in the information.
Mr N G McIntyre showed video replays of the incident. He pointed out the horses involved. He said that, for a brief period of time after the 800 metres, Mr Close had an advantage to attempt to shift SUE DINKA wider. However, he described it as a “high risk manoeuvre”. Mr Golding then went forward and Mr Close was no longer in a position to shift him wider. Mr Close had attempted to pull out of that position but he had put himself in an awkward position and, as a result, Mr Close, by his own admission, had struck Mr Golding’s wheel. This resulted in the driver of WINSTONE P, directly behind UWEEHUMMA, and the driver of TAMANISHA both being dislodged and FAR TOO RUSTY receiving interference and losing its chance, Mr McIntyre said.
Mr Ydgren said that, at that stage of the race, the 3-wide line was moving faster than the 2-wide line and there was only a brief opportunity for Mr Close to attempt to ease Mr Golding out. Mr Close held the advantage for only a short period and was in restricted space, Mr Ydgren said. Mr Ydgren referred to the Easing Down Regulations.
Mr Smith referred to the video replays and submitted that Mr Close did have an advantage at the time and it would have been expected of him to attempt to ease out at that stage. Mr Close only “had a go” for a very brief moment. His horse appeared to be slow to react and he came back down as quick as he possibly could. Mr Smith submitted that Mr Close could not have done anything else – the opportunity was there for him to ease out. He changed his mind very quickly and had gone back down. It was another 30-40 metres, after striking the wheel, before the horse had paced roughly. Mr Smith stressed that it was a hind leg that had struck the wheel. A front leg normally indicated driver error. The hind legs of a horse running in or out or a “wide-striding” horse will often, during a race, protrude outside the sulky and strike the wheel of a runner outside. The distance over which Mr Close had attempted to ease out was “very minimal”, maybe five strides, Mr Smith submitted. The horse had struck the wheel as Mr Close was coming back down, doing the “safe thing”.
Mr Close stated that the video showed that he had tried to take action once he realised that he was going to be unable to ease Mr Golding out. Unfortunately, his horse had touched a wheel, panicked and galloped.
Reasons for Decision:
The incident in question took place after Mr Close had unsuccessfully attempted to ease out Mr Golding on SUE DINKA near the 800 metres. It was submitted by Mr Smith on Mr Close’s behalf, and acknowledged by Mr Ydgren, that Mr Close had been in a position to attempt to ease Mr Golding out, having a sufficient advantage at that point. The Committee agreed. Mr Close soon lost that advantage when the 3-wide line improved outside him.
The allegation of the Stewards was that Mr Close had driven carelessly “when attempting to shift SUE DINKA wider”. Mr Smith submitted that, immediately Mr Close realised that he was going to be unable to shift Mr Golding out, he desisted and came back down. Mr Smith submitted that it was when Mr Close angled UWEEHUMMA back down that that horse’s off hind leg struck SUE DINKA’s sulky wheel. Mr Smith gave a credible explanation of how this had happened. The only evidence before the Committee of the wheel being struck was Mr Close’s own admission – it was not visible on any of the video replays.
The Committee was satisfied that, at all times, Mr Close’s actions were reasonable and prudent. He was in a position to attempt to ease Mr Golding out and legitimately attempted to do so. He did so slowly and gradually. The Committee accepted Mr Smith’s submission, which was borne out by the head-on video replay, that Mr Close, when he realised that he was going to be unable to ease Mr Golding out, prudently took action to move back down. Mr Close admitted that his horse had struck the sulky wheel of SUE DINKA but, the Committee was satisfied, that was not a result of any carelessness on Mr Close’s part.
After considering all of the evidence, including the video evidence, and the submissions of both parties, the Committee was not satisfied that the Stewards had discharged the onus of proving that Mr Close drove carelessly.
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: 994409fc39f5e9b78252fad4910be9a1
informantnumber: A5161
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 12/03/2012
hearing_title: NZ Metro TC 16 March 2012 - R 6
charge:
Careless Driving.
facts:
Following the running of Race 6, Bush Inn Mobile Pace, a race for Junior Drivers, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr R D Close, alleging a breach of Rule 869 (3) (b) in that Mr Close, as the driver of UWEEHUMMA in the race, “drove carelessly when attempting to shift SUE DINKA (S F Golding) wider, resulting in [his] horse UWEEHUMMA hitting the wheel of SUE DINKA which resulted in UWEEHUMMA falling and drivers S R Stewart (WINSTONE P) and S J Ottley (TAMANISHA) being dislodged. Also FAR TOO RUSTY (K M Cox) was checked and lost its chance”.
Mr Close 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 the Stewards were alleging that, between the 800 and 700 metres, Mr Close attempted to ease SUE DINKA (S F Golding) outwards. At the time, Mr Close did have a “discernible advantage” over Mr Golding and was entitled to attempt that shift, Mr Ydgren said. However, Mr Golding was soon able to regain the advantage and did not have to concede his 3-wide with cover run but was entitled to remain where he was. Mr Close continued briefly to continue to attempt to ease out Mr Golding, Mr Ydgren said, but Mr Golding had gone forward. In the process, Mr Close’s off hind leg had struck the sulky wheel of SUE DINKA and, as a result it paced roughly, stumbled and caused the interference as alleged in the information.
Mr N G McIntyre showed video replays of the incident. He pointed out the horses involved. He said that, for a brief period of time after the 800 metres, Mr Close had an advantage to attempt to shift SUE DINKA wider. However, he described it as a “high risk manoeuvre”. Mr Golding then went forward and Mr Close was no longer in a position to shift him wider. Mr Close had attempted to pull out of that position but he had put himself in an awkward position and, as a result, Mr Close, by his own admission, had struck Mr Golding’s wheel. This resulted in the driver of WINSTONE P, directly behind UWEEHUMMA, and the driver of TAMANISHA both being dislodged and FAR TOO RUSTY receiving interference and losing its chance, Mr McIntyre said.
Mr Ydgren said that, at that stage of the race, the 3-wide line was moving faster than the 2-wide line and there was only a brief opportunity for Mr Close to attempt to ease Mr Golding out. Mr Close held the advantage for only a short period and was in restricted space, Mr Ydgren said. Mr Ydgren referred to the Easing Down Regulations.
Mr Smith referred to the video replays and submitted that Mr Close did have an advantage at the time and it would have been expected of him to attempt to ease out at that stage. Mr Close only “had a go” for a very brief moment. His horse appeared to be slow to react and he came back down as quick as he possibly could. Mr Smith submitted that Mr Close could not have done anything else – the opportunity was there for him to ease out. He changed his mind very quickly and had gone back down. It was another 30-40 metres, after striking the wheel, before the horse had paced roughly. Mr Smith stressed that it was a hind leg that had struck the wheel. A front leg normally indicated driver error. The hind legs of a horse running in or out or a “wide-striding” horse will often, during a race, protrude outside the sulky and strike the wheel of a runner outside. The distance over which Mr Close had attempted to ease out was “very minimal”, maybe five strides, Mr Smith submitted. The horse had struck the wheel as Mr Close was coming back down, doing the “safe thing”.
Mr Close stated that the video showed that he had tried to take action once he realised that he was going to be unable to ease Mr Golding out. Unfortunately, his horse had touched a wheel, panicked and galloped.
reasonsfordecision:
The incident in question took place after Mr Close had unsuccessfully attempted to ease out Mr Golding on SUE DINKA near the 800 metres. It was submitted by Mr Smith on Mr Close’s behalf, and acknowledged by Mr Ydgren, that Mr Close had been in a position to attempt to ease Mr Golding out, having a sufficient advantage at that point. The Committee agreed. Mr Close soon lost that advantage when the 3-wide line improved outside him.
The allegation of the Stewards was that Mr Close had driven carelessly “when attempting to shift SUE DINKA wider”. Mr Smith submitted that, immediately Mr Close realised that he was going to be unable to shift Mr Golding out, he desisted and came back down. Mr Smith submitted that it was when Mr Close angled UWEEHUMMA back down that that horse’s off hind leg struck SUE DINKA’s sulky wheel. Mr Smith gave a credible explanation of how this had happened. The only evidence before the Committee of the wheel being struck was Mr Close’s own admission – it was not visible on any of the video replays.
The Committee was satisfied that, at all times, Mr Close’s actions were reasonable and prudent. He was in a position to attempt to ease Mr Golding out and legitimately attempted to do so. He did so slowly and gradually. The Committee accepted Mr Smith’s submission, which was borne out by the head-on video replay, that Mr Close, when he realised that he was going to be unable to ease Mr Golding out, prudently took action to move back down. Mr Close admitted that his horse had struck the sulky wheel of SUE DINKA but, the Committee was satisfied, that was not a result of any carelessness on Mr Close’s part.
After considering all of the evidence, including the video evidence, and the submissions of both parties, the Committee was not satisfied that the Stewards had discharged the onus of proving that Mr Close drove carelessly.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren - Stipendiary Steward
JockeysandTrainer: R D Close - Licensed Junior Horseman
Otherperson: G D Smith - Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: f9e108b0dbe9b28ebd26fa4d94d453a3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6af82840bd3a1f7108fc2bc9d2d4c5f8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/03/2012
meet_title: NZ Metro TC - 16 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC