Rangiora HRC 6 April 2014 – R 2
ID: JCA14835
Meet Title:
Rangiora HRC - 6 April 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2014/04/06
Race Number:
R2
Decision:
The charge was dismissed.
Facts:
Following the running of Race 3, Bishopdale & Bush Inn TAB’s Harewood Tavern Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Advanced Amateur Driver, Mr R J Burnett, alleging that Mr Burnett, as the driver of REDMARO in the race, “drove carelessly with 2400 metres to run when not conceding his position when being eased down by the track by DEBS PAL (A C White).
Mr Burnett was present at the hearing of the information and he indicated that he denied the charge.
Rule 869 (3) (b) provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
The Easing Down Regulations provide as follows:
Subject to Rule 869 (3) Careless Driving, 869 (4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
Submissions for Decision:
Mr Renault pointed out the runners on video replays of the relevant part of the race, racing into the first bend approximately 200 metres after the start of the 2600 metres mobile start event.
Mr Renault said that Mr White, driving DEBS PAL, had come from a position wide on the track and had attempted to follow COMENCHE (R A Reekie). He said that the Stewards were alleging that Mr White had come from a three-wide to a two-wide position, he had a clear advantage over Mr Burnett and attempted to ease Mr Burnett down. Mr Burnett did not accept this manoeuvre and tried to hold his position. His horse galloped after contact with Mr White’s sulky, Mr Renault said.
Mr White said that, when he eased Mr Burnett down, he clearly had an advantage of a ½ length over Mr Burnett. He said he had been racing 3-wide and there was a “clear gap” on his inside so he “pushed down” into that position. Mr White said that there was contact made as a result of Mr Burnett trying to hold him out. The movement was over 40 or 50 metres and was slow and gradual, he said.
In response to a question from Mr Burnett, Mr White confirmed he had heard Mr Burnett yell to him. Mr White said he was entitled to move down if Mr Burnett was not keeping up.
Mr Burnett said that he had been in the 2-wide line and had allowed Mr Reekie into the 2-wide line, intending to follow him through. At that stage, he saw Mr White pulling back and said to Mr White that he had that space. At the same time, he was taking hold of his horse because he could see what was going to happen. He said that, rounding the turn, Mr White did not gradually go in but shifted his cart sideways with a “shunt”, a “forceful shove” to push Mr Burnett onto the fence. This caused his horse to break, Mr Burnett said.
Mr Burnett called two witnesses. Ms S Blake was the driver of SELESTER in the race and Mr M F Maynard was the driver of ARDEN’S ATTACK. Both horses were racing behind REDMARO and DEBS PAL. Mr Maynard said that he had seen Mr Burnett ease to let COMENCHE in. He could see Mr White out 3-wide before he “chopped right down” and took the legs of Mr Burnett’s horse in a “blatant move”.
Ms Blake said that she agreed with Mr Maynard’s version of events. She had been on the back of Mr White and was happy to be there and get taken into the race by him. When she saw Mr White “make his move”, she said, she thought something had gone wrong with Mr White’s horse – it was so “aggressive and immediate”. She did not believe that Mr Burnett had any opportunity to shift down.
Both Ms Blake and Mr Maynard stated that they did not believe that Mr White’s movement was gradual. Mr Renault put it to Ms Blake and Mr Maynard, by reference to the track markers, and they agreed that Mr White’s movement took place over at least 30 metres. It was therefore not a sudden movement, Mr Renault submitted.
Both Ms Blake and Mr Maynard submitted that Mr Burnett had nowhere to go, when pressured by Mr White, but over the pylons. They pointed this out on the video replay. This was not contested by Mr Renault.
Reasons for Decision:
The Committee had carefully listened to the oral evidence of the parties and witnesses and had carefully viewed the various video replays. The evidence was quite lengthy and, in certain respects, was conflicting.
The Committee found the following as facts:
1. That Mr White had a clear advantage in terms of the Easing Down Regulations when he was attempting to move Mr Burnett down. This was not disputed by Mr Burnett; and
2. That Mr White’s attempt to ease Mr Burnett down was done in a gradual and acceptable manner.
Having made those initial findings, the Committee’s initial view was that Mr White had legitimately attempted to ease Mr Burnett down. For that reason, the Committee considered that the charge was quite properly brought by the Stewards.
However, where the Committee had difficulty and where we were not satisfied was that, from our observation of the video replays and from one angle in particular, Mr Burnett really had no space on his inside to be moved into. Whilst there was no other runner on his inside, neither was there sufficient room for Mr Burnett to concede and move down.
Because we were not satisfied in that regard, we found that there was sufficient doubt whether Mr Burnett could be moved in for us to be satisfied, on a balance of probabilities, that Mr Burnett drove carelessly. We attach no fault to Mr White for attempting to ease Mr Burnett down as he held a genuine belief that he was entitled to do so. The field was racing tightly and was racing into the first bend with drivers looking for positions only 200 metres after the start, and these factors no doubt contributed to the incident in which Mr Burnett’s horse broke.
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: 81d943181affcf6980f4b593dbb52b1e
informantnumber: A1141
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 0
decisiondate: 07/04/2014
hearing_title: Rangiora HRC 6 April 2014 - R 2
charge:
facts:
Following the running of Race 3, Bishopdale & Bush Inn TAB’s Harewood Tavern Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Advanced Amateur Driver, Mr R J Burnett, alleging that Mr Burnett, as the driver of REDMARO in the race, “drove carelessly with 2400 metres to run when not conceding his position when being eased down by the track by DEBS PAL (A C White).
Mr Burnett was present at the hearing of the information and he indicated that he denied the charge.
Rule 869 (3) (b) provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
The Easing Down Regulations provide as follows:
Subject to Rule 869 (3) Careless Driving, 869 (4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault pointed out the runners on video replays of the relevant part of the race, racing into the first bend approximately 200 metres after the start of the 2600 metres mobile start event.
Mr Renault said that Mr White, driving DEBS PAL, had come from a position wide on the track and had attempted to follow COMENCHE (R A Reekie). He said that the Stewards were alleging that Mr White had come from a three-wide to a two-wide position, he had a clear advantage over Mr Burnett and attempted to ease Mr Burnett down. Mr Burnett did not accept this manoeuvre and tried to hold his position. His horse galloped after contact with Mr White’s sulky, Mr Renault said.
Mr White said that, when he eased Mr Burnett down, he clearly had an advantage of a ½ length over Mr Burnett. He said he had been racing 3-wide and there was a “clear gap” on his inside so he “pushed down” into that position. Mr White said that there was contact made as a result of Mr Burnett trying to hold him out. The movement was over 40 or 50 metres and was slow and gradual, he said.
In response to a question from Mr Burnett, Mr White confirmed he had heard Mr Burnett yell to him. Mr White said he was entitled to move down if Mr Burnett was not keeping up.
Mr Burnett said that he had been in the 2-wide line and had allowed Mr Reekie into the 2-wide line, intending to follow him through. At that stage, he saw Mr White pulling back and said to Mr White that he had that space. At the same time, he was taking hold of his horse because he could see what was going to happen. He said that, rounding the turn, Mr White did not gradually go in but shifted his cart sideways with a “shunt”, a “forceful shove” to push Mr Burnett onto the fence. This caused his horse to break, Mr Burnett said.
Mr Burnett called two witnesses. Ms S Blake was the driver of SELESTER in the race and Mr M F Maynard was the driver of ARDEN’S ATTACK. Both horses were racing behind REDMARO and DEBS PAL. Mr Maynard said that he had seen Mr Burnett ease to let COMENCHE in. He could see Mr White out 3-wide before he “chopped right down” and took the legs of Mr Burnett’s horse in a “blatant move”.
Ms Blake said that she agreed with Mr Maynard’s version of events. She had been on the back of Mr White and was happy to be there and get taken into the race by him. When she saw Mr White “make his move”, she said, she thought something had gone wrong with Mr White’s horse – it was so “aggressive and immediate”. She did not believe that Mr Burnett had any opportunity to shift down.
Both Ms Blake and Mr Maynard stated that they did not believe that Mr White’s movement was gradual. Mr Renault put it to Ms Blake and Mr Maynard, by reference to the track markers, and they agreed that Mr White’s movement took place over at least 30 metres. It was therefore not a sudden movement, Mr Renault submitted.
Both Ms Blake and Mr Maynard submitted that Mr Burnett had nowhere to go, when pressured by Mr White, but over the pylons. They pointed this out on the video replay. This was not contested by Mr Renault.
reasonsfordecision:
The Committee had carefully listened to the oral evidence of the parties and witnesses and had carefully viewed the various video replays. The evidence was quite lengthy and, in certain respects, was conflicting.
The Committee found the following as facts:
1. That Mr White had a clear advantage in terms of the Easing Down Regulations when he was attempting to move Mr Burnett down. This was not disputed by Mr Burnett; and
2. That Mr White’s attempt to ease Mr Burnett down was done in a gradual and acceptable manner.
Having made those initial findings, the Committee’s initial view was that Mr White had legitimately attempted to ease Mr Burnett down. For that reason, the Committee considered that the charge was quite properly brought by the Stewards.
However, where the Committee had difficulty and where we were not satisfied was that, from our observation of the video replays and from one angle in particular, Mr Burnett really had no space on his inside to be moved into. Whilst there was no other runner on his inside, neither was there sufficient room for Mr Burnett to concede and move down.
Because we were not satisfied in that regard, we found that there was sufficient doubt whether Mr Burnett could be moved in for us to be satisfied, on a balance of probabilities, that Mr Burnett drove carelessly. We attach no fault to Mr White for attempting to ease Mr Burnett down as he held a genuine belief that he was entitled to do so. The field was racing tightly and was racing into the first bend with drivers looking for positions only 200 metres after the start, and these factors no doubt contributed to the incident in which Mr Burnett’s horse broke.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: R J Burnett, Licensed Advance Amateur Driver
Otherperson: A C White, Licensed Advance Amateur Driver, S Blake, M F Maynard
PersonPresent:
Respondent:
StipendSteward:
raceid: 7b71a23b6e724bc0a90e7088d79aa09c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
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meetid: 9b5f83ef08ea7174e9578fbce56c61d4
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meetdate: 06/04/2014
meet_title: Rangiora HRC - 6 April 2014
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meet_chair: RMcKenzie
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name: Rangiora HRC