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Wyndham HRC 17 January 2012 – R 4

ID: JCA14217

Applicant:
Mr CJ Allison - Stipendiary Steward

Respondent(s):
Mr C Ramage - Driver of ALL FOR D B

Other Person:
MR N Williamson - Open Horseman drvier of FRANCO SEVILLE, Mr M Williamson - Junior Horseman driver of WILLIE MAK, Mrs K Barclay - Open Horsewoman driver of WATRULOOKINGAT

Information Number:
A5968

Hearing Type:
Hearing

Rules:
869(3)(c)

Plea:
denied

Meet Title:
Wyndham HRC - 17 January 2012

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2012/01/17

Race Number:
Race 4

Decision:

We find the charge was found proved.

Penalty:

Mr Ramage was suspended from the completion of racing on Tuesday, 17th January 2012 until after the conclusion of racing on Saturday, 17th March 2012, effectively twelve driving days in the Southland Otago region.

Charge:

Reckless driving.

Facts:

Following the running of Race4, The Wyndham Gotta Go Cullect Mobile Pace, an information was filed by Stipendiary Steward, Mr C J Allison against Open Horseman Mr C Ramage, the Driver of All for D B alleging a breach of rule 869(3)(c) in that he drove recklessly.

The charge reads "on the first bend Mr Ramage drove on a manner which stewards deemed was reckless when he attempted to gain the lead from Franco Seville forcing this horse over the pylons".

Mr Ramage had indicated on the information that this breach of the rule was not admitted and he agreed that he understood the charge and the rules that it was brought under.

Please Note : Prior to the commencement of the hearing,because of the seriousness of the charge,  the Chairman offered Mr Ramage the opportunity to seek legal advice. Mr Ramage declined the offer.

Submissions for Decision:

Stipendiary Steward Mr C Allison used video coverage to illustrate the alleged incident.

Mr Allison pointed out where after approximately 400metres, (1) Franco Seville, driven by Mr N Williamson was leading and All for D B was being driven vigorously by Mr Ramage attempting to take the lead from the inside horse.

Mr Allison pointed out to the Committee, Mr Ramage was 'throwing the reins vigorously at the horse 'and in a manner which Mr Allison described as being without control.

Mr Ramage continued driving vigorously outside the leading horse for some 300 to 400 metres.

Mr Allison also pointed out that as the horses reached the bend approaching the straight the situation became critical with Mr Ramage's horse moving inwards and tightening the space between him and Mr Williamson's horse, Franco Seville.

Mr Allison stated that whilst no contact was made, Mr Williamson was forced to check his horse and move inside the pylons. As a result of this at least 1 pylon was thrown into the air and others were dislodged.

Mr Allison alleged that if Mr N Williamson had not taken this evasive action then a serious accident may have occurred.

Mrs K Barclay (Whatrulookingat) stated that she was racing into the first bend in the one back, one out position and said that there was not very much room for N Williamson and that if he had not taken hold she felt that he would have made contact with Mr Ramage.

Mrs Barclay also stated that it was her belief that Mr M Williamson had saved an accident by his actions.

Mrs Barclay also stated that this duel for the lead went on for approximately 300/400 metres and whilst they were racing on the back straight things were fine but upon reaching the bend the two horses infront of her tightened up.

Mr M Williamson stated that he was in the trail behind Franco Seville driven by Mr N Williamson and that things were okay until they reached the bend. He stated that the further they went round the bend things became very tight and that Mr N Williamson's horse hit pylons which caused Mr M Williamson to check his horse.

He Continued by saying that the further they went round the bend the tighter it became and that one pylon hit his cart and that others horses got checked in the incident (namely Brent Barclay Driving It's My Life and Allan Beck Driving Call Of Duty)

Mr N Williamson Driver of Franco Seville said that his horse had good gate speed and that it was best suited to lead.

Mr N Williamson stated that Mr Ramage was driving extremely vigorously in an attempt to take the lead and that in doing so in Mr Williamson's opinion forced him to check his horse and to go inside the pylons to avoid making contact with Mr Ramage's horse. He continued by saying that Mr Ramage had forced him down for approximately 150 metres and in spite of him calling out for 'bit of room' Mr Ramage did not take any remedial action.

Mr Williamson said that Mr Ramages sulky wheel was angling across to take the running line of his horses feet.

Mr Ramage (All for D B) stated that his horse at no time had made contact with Mr N Williamson's horse, Franco Seville. He went on to state that he felt that Mr Williamson had deliberately driven his own horse into the pylons to make it look worse than it really was.

Mr Ramage stated that the horse he was driving was under pressure to take the front and that the horse on his inside (Franco Seville) went over the markers itself. Mr Ramage used the video film to show where he believed there was sufficient space between the horses for them both to maintain a line outside the pylons

He finished by saying that in his opinion Mr N Williamson did not need to take any corrective action.

In summing up Stipendiary Steward, Mr Allison reminded the Committee that they had heard from three drivers who witnessed the incident and that their evidence agreed with that presented by Mr Allison.

Reasons for Decision:

We carefully considered all of the evidence from the drivers and the video coverage, in particular, we found that Mr Ramage had moved inwards when not clear of Franco Seville, and as a result, Franco Seville was forced on the pylons and Mr N Williamson had to restrain his horse.

The Committee were also satisfied that by ' disregarding the consequences' Mr Ramage had driven recklessly.

In this case we are satisfied that Mr Ramage made up his mind that he was going to take the lead from Mr N Williamson, and moved across regardless of the fact that Mr N Williamson was attempting to hold the lead.

The Committee found that a more serious situation was only avoided when Mr N Williamson took hold of his horse, even though at the time Mr Ramage was not clear of him.

We find that Mr Ramage crossed Mr N Williamson and disregarded the consequences or danger it might have ensued.

Submissions for Penalty:

Mr Allison advised that Mr Ramage had not previously breached this rule.

Mr Allison said that whilst it was a serious charge it was not at the higher end, but the lower when considering recklessness.

Mr Allison stated that Mr Ramage had a limited number of drives 2008/2009 (two drives), 2009/2010 (thirteen drives), 2010/2011 (twenty six drives), and only four drives this season to date.

Mr Ramage stated that he was now working for Horse Trainer Mr Gary Davis who currently has three horses in work and Mr Jack Lynch who had up to eight horses in work.

Reasons for Penalty:

The Committee was satisfied this breach was in the low range of recklessness and in our opinion Mr Ramage has not taken any evasive action into a situation which he himself has created.

The Committee considered the most recent charge under this rule where Mr T was fined the sum of $600.00 and in addition his Open Horseman's license was suspended for 5 driving days.

The Committee had some difficulty in relating Mr T's penalty to Mr Ramage who only drove very occasionally and never at a Premier Meeting as Mr T often did.

The Committee was aware of Mr Ramage's financial situation and did not believe a monetary penalty was 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: a8cdefe440a7340b2d0c668a33173dcb


informantnumber: A5968


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 01/01/2012


hearing_title: Wyndham HRC 17 January 2012 - R 4


charge:

Reckless driving.


facts:

Following the running of Race4, The Wyndham Gotta Go Cullect Mobile Pace, an information was filed by Stipendiary Steward, Mr C J Allison against Open Horseman Mr C Ramage, the Driver of All for D B alleging a breach of rule 869(3)(c) in that he drove recklessly.

The charge reads "on the first bend Mr Ramage drove on a manner which stewards deemed was reckless when he attempted to gain the lead from Franco Seville forcing this horse over the pylons".

Mr Ramage had indicated on the information that this breach of the rule was not admitted and he agreed that he understood the charge and the rules that it was brought under.

Please Note : Prior to the commencement of the hearing,because of the seriousness of the charge,  the Chairman offered Mr Ramage the opportunity to seek legal advice. Mr Ramage declined the offer.


appealdecision:


isappeal:


submissionsfordecision:

Stipendiary Steward Mr C Allison used video coverage to illustrate the alleged incident.

Mr Allison pointed out where after approximately 400metres, (1) Franco Seville, driven by Mr N Williamson was leading and All for D B was being driven vigorously by Mr Ramage attempting to take the lead from the inside horse.

Mr Allison pointed out to the Committee, Mr Ramage was 'throwing the reins vigorously at the horse 'and in a manner which Mr Allison described as being without control.

Mr Ramage continued driving vigorously outside the leading horse for some 300 to 400 metres.

Mr Allison also pointed out that as the horses reached the bend approaching the straight the situation became critical with Mr Ramage's horse moving inwards and tightening the space between him and Mr Williamson's horse, Franco Seville.

Mr Allison stated that whilst no contact was made, Mr Williamson was forced to check his horse and move inside the pylons. As a result of this at least 1 pylon was thrown into the air and others were dislodged.

Mr Allison alleged that if Mr N Williamson had not taken this evasive action then a serious accident may have occurred.

Mrs K Barclay (Whatrulookingat) stated that she was racing into the first bend in the one back, one out position and said that there was not very much room for N Williamson and that if he had not taken hold she felt that he would have made contact with Mr Ramage.

Mrs Barclay also stated that it was her belief that Mr M Williamson had saved an accident by his actions.

Mrs Barclay also stated that this duel for the lead went on for approximately 300/400 metres and whilst they were racing on the back straight things were fine but upon reaching the bend the two horses infront of her tightened up.

Mr M Williamson stated that he was in the trail behind Franco Seville driven by Mr N Williamson and that things were okay until they reached the bend. He stated that the further they went round the bend things became very tight and that Mr N Williamson's horse hit pylons which caused Mr M Williamson to check his horse.

He Continued by saying that the further they went round the bend the tighter it became and that one pylon hit his cart and that others horses got checked in the incident (namely Brent Barclay Driving It's My Life and Allan Beck Driving Call Of Duty)

Mr N Williamson Driver of Franco Seville said that his horse had good gate speed and that it was best suited to lead.

Mr N Williamson stated that Mr Ramage was driving extremely vigorously in an attempt to take the lead and that in doing so in Mr Williamson's opinion forced him to check his horse and to go inside the pylons to avoid making contact with Mr Ramage's horse. He continued by saying that Mr Ramage had forced him down for approximately 150 metres and in spite of him calling out for 'bit of room' Mr Ramage did not take any remedial action.

Mr Williamson said that Mr Ramages sulky wheel was angling across to take the running line of his horses feet.

Mr Ramage (All for D B) stated that his horse at no time had made contact with Mr N Williamson's horse, Franco Seville. He went on to state that he felt that Mr Williamson had deliberately driven his own horse into the pylons to make it look worse than it really was.

Mr Ramage stated that the horse he was driving was under pressure to take the front and that the horse on his inside (Franco Seville) went over the markers itself. Mr Ramage used the video film to show where he believed there was sufficient space between the horses for them both to maintain a line outside the pylons

He finished by saying that in his opinion Mr N Williamson did not need to take any corrective action.

In summing up Stipendiary Steward, Mr Allison reminded the Committee that they had heard from three drivers who witnessed the incident and that their evidence agreed with that presented by Mr Allison.


reasonsfordecision:

We carefully considered all of the evidence from the drivers and the video coverage, in particular, we found that Mr Ramage had moved inwards when not clear of Franco Seville, and as a result, Franco Seville was forced on the pylons and Mr N Williamson had to restrain his horse.

The Committee were also satisfied that by ' disregarding the consequences' Mr Ramage had driven recklessly.

In this case we are satisfied that Mr Ramage made up his mind that he was going to take the lead from Mr N Williamson, and moved across regardless of the fact that Mr N Williamson was attempting to hold the lead.

The Committee found that a more serious situation was only avoided when Mr N Williamson took hold of his horse, even though at the time Mr Ramage was not clear of him.

We find that Mr Ramage crossed Mr N Williamson and disregarded the consequences or danger it might have ensued.


Decision:

We find the charge was found proved.


sumissionsforpenalty:

Mr Allison advised that Mr Ramage had not previously breached this rule.

Mr Allison said that whilst it was a serious charge it was not at the higher end, but the lower when considering recklessness.

Mr Allison stated that Mr Ramage had a limited number of drives 2008/2009 (two drives), 2009/2010 (thirteen drives), 2010/2011 (twenty six drives), and only four drives this season to date.

Mr Ramage stated that he was now working for Horse Trainer Mr Gary Davis who currently has three horses in work and Mr Jack Lynch who had up to eight horses in work.


reasonsforpenalty:

The Committee was satisfied this breach was in the low range of recklessness and in our opinion Mr Ramage has not taken any evasive action into a situation which he himself has created.

The Committee considered the most recent charge under this rule where Mr T was fined the sum of $600.00 and in addition his Open Horseman's license was suspended for 5 driving days.

The Committee had some difficulty in relating Mr T's penalty to Mr Ramage who only drove very occasionally and never at a Premier Meeting as Mr T often did.

The Committee was aware of Mr Ramage's financial situation and did not believe a monetary penalty was appropriate.


penalty:

Mr Ramage was suspended from the completion of racing on Tuesday, 17th January 2012 until after the conclusion of racing on Saturday, 17th March 2012, effectively twelve driving days in the Southland Otago region.


hearing_type: Hearing


Rules: 869(3)(c)


Informant: Mr CJ Allison - Stipendiary Steward


JockeysandTrainer: Mr C Ramage - Driver of ALL FOR D B


Otherperson: MR N Williamson - Open Horseman drvier of FRANCO SEVILLE, Mr M Williamson - Junior Horseman driver of WILLIE MAK, Mrs K Barclay - Open Horsewoman driver of WATRULOOKINGAT


PersonPresent:


Respondent:


StipendSteward:


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race_title: Race 4


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meetdate: 17/01/2012


meet_title: Wyndham HRC - 17 January 2012


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