Non Raceday Inquiry RIU v S Lawson 30 August 2013 – Decision dated 4 September 2013

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informantnumber: A3813

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decisiondate: 01/09/2013

hearing_title: Non Raceday Inquiry RIU v S Lawson 30 August 2013 - Decision dated 4 September 2013

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

RACING INTEGRITY UNIT v SIMON LAWSON

Hearing before Non-Raceday Judicial Committee

Judicial Committee: Mr Bruce Squire QC, Chairman - Mr Adrian Dooley, Committee Member

Present:

Mr John Muirhead, Stipendiary Steward

Mr Brady Jones, Stipendiary Steward

Mr Ross Neal, Co-Chief Stipendiary Steward

Mr Simon Lawson, Open Horseman

Mr Rob Lawson, Lay Advocate

Mr Logan Hollis, Open Horseman

Date of Hearing: 30 August 2013

Venue: Alexandra Park, Auckland

DECISION OF JUDICIAL COMMITTEE

1. Introduction:

1.1. This hearing of the Judicial Committee was convened to consider and determine a charge of careless driving brought against Mr Simon Lawson under R. 869(3)(b) of the New Zealand Rules of Harness Racing (“the Rules”) arising from events which occurred in Race 10 of the Auckland Trotting Club’s meeting at Alexandra Park on 2 August 2013. The horse driven by Mr Simon Lawson in the race was named “Sweet Jane” and placed second ahead of another horse named “Forever An Angel” driven by Mr L Hollis.

1.2 At the conclusion of the race a Protest was lodged by Mr Brady Jones a Stipendiary Steward against the placing of “Sweet Jane”. The Protest was based on interference allegedly caused by Mr Lawson at about the 250 metre mark when “Sweet Jane” shifted outwards causing interference with “Forever An Angel” whose offside foreleg made contact with the wheel of Mr Lawson’s sulky resulting in the horse breaking and losing momentum before regaining its gait and finishing fourth. The Judicial Committee which dealt with the Protest shortly after the race viewed video recordings of the incident and heard evidence from the Stipendiary Steward and both Mr Hollis and Mr Lawson. In a Decision delivered that evening the Judicial Committee upheld the Protest and amended the placings in the race to promote “Forever An Angel” to third place and relegate “Sweet Jane” to fourth.

1.3 Following the hearing of the Protest before the Judicial Committee Mr Jones prepared and lodged an Information charging Mr Simon Lawson with careless driving. However although attempts were then made to locate Mr Lawson and serve him with a copy of the Information it seems he may have left the racecourse and as matters transpired he was not served with the Information until the morning of 9 August 2013, a week later. Mr Lawson and those advising him were unhappy with the conclusions reached by the Judicial Committee and its reasons for upholding the Protest, and sought to have the present charge heard before a different Judicial Committee. For reasons which we do not need to detail in this Decision that course became necessary and as indicated the charge was heard by us at Alexandra Park on Friday 30 August 2013.

1.4 Although the charge of careless driving brought against Mr Simon Lawson arose out of the same circumstances as the Protest upheld by the Judicial Committee which dealt with it on the evening of 2 August 2013, the Judicial Committee which dealt with the Protest hearing did not make, and could not have made any formal finding in relation to Mr Simon Lawson’s driving at the relevant time in terms binding on us. That Judicial Committee did not have before it an Information charging Mr Simon Lawson with careless driving, which, as previously noted was laid after the Protest hearing, and therefore, within the Rules, could not have made any formal finding of careless driving on the part of Mr Simon Lawson in breach of R. 869(3)(b), outside of expressions of opinion to that effect incidental to the conclusions it reached in upholding the Protest. While therefore we are not bound by the findings of the Judicial Committee which upheld the Protest in dealing with the charge of careless driving laid against Mr Lawson we would not lightly depart from the views of the two experienced members of the Judicial Committee which upheld the Protest where there is a coincidence of relevant factual issues.

2. The Charge:

2.1 In dealing with the charge we heard evidence from Mr Jones, Mr Hollis the Driver of “Forever An Angel” and Mr Lawson. All witnesses were cross examined and we heard extensive and helpful submissions from Mr Muirhead and Mr Lawson (Senior) who represented Mr Simon Lawson at the hearing. Mr Muirhead drew our attention to sub-rules (4), (6) and (7) of R. 869 with particular emphasis on the safety requirements specified in sub-rule (7). Both Mr Muirhead and Mr Lawson Senior made submissions as to how the relevant events which we saw from a number of replays of the video recording should be interpreted and applied in terms of the critical issues we were required to determine. Both submissions were helpful but in the end we found the most assistance came from our own viewing of the video tapes of the incident.

2.2 The video tapes which we viewed a number of times at normal speed and at quarter race speed showed that at the 300 metre mark “Sweet Jane” was racing in the 1 x 1 position with “Forever An Angel” racing directly behind her. “Forever An Angel” was racing with a boring pole fixed. At about the 250 metre mark “Sweet Jane” was travelling strongly in the 1 x 1 position with Mr Lawson starting to ease out while holding a clear advantage over “Forever An Angel”. The tapes showed Mr Lawson had turned “Sweet Jane’s” head outwards indicating he was moving out. At that point “Forever An Angel” was being urged along by Mr Hollis to stay on the back of “Sweet Jane”. Mr Hollis was slapping the horse with the reins and whip in an endeavour to make up ground. Shortly after “Forever An Angel” began to make a run on the outside of “Sweet Jane” prior to and entering the final turn. The video film showed that when “Forever An Angel” improved to a point just behind Mr Lawson’s sulky wheel she was not racing tractable around the bend. The video film seemed to indicate that “Forever An Angel” was pacing roughly around the turn resulting in the horse skying her head in the air and going off stride free from any interference. This occurred about 2 or 3 strides before Mr Lawson’s sulky wheel made contact with “Forever An Angel’s” offside foreleg. There was no horse racing on her outside at that time. We particularly noted from the video film that when Mr Hollis made his move to run on the outside of “Sweet Jane” he was proceeding on an acute angle leaving no room for error and that in carrying out the manoeuvre he did not ease out sufficiently, which left “Sweet Jane” running in tight quarters. The video films show that Mr Hollis’ sulky wheel was about one foot to the inside of Mr Lawson’s sulky wheel. Thereafter, as previously indicated contact was made by the offside foreleg of “Forever An Angel” with the wheel of Mr Lawson’s sulky.

2.3 In describing the incident in evidence Mr Hollis told us that in his view “Forever An Angel” did not react to the boring pole as she should have. He said that the horse leant on the boring pole around the final bend and, in his own words, went “dog”. He conceded that “Forever An Angel” did not shift out to the extent she should have. This evidence coincided with our own observations of the incident as shown in the video tapes and recorded in the preceding paragraph. Mr Hollis added that his initial view, that Mr Lawson had moved out quickly as he was coming round the bend outside Mr Lawson’s sulky which he conveyed to the Judicial Committee which heard the Protest, was not correct.

2.4 On the evidence before us and having regard particularly to the video tapes of the incident we were left satisfied that “Forever An Angel” went off stride before Mr Lawson shifted outwards and checked her in the manner described. Further, while it was clear that the wheel of Mr Lawson’s sulky made contact with the offside foreleg of “Forever An Angel” resulting in the horse galloping and losing momentum, we were not satisfied that responsibility for that could be attributed entirely to Mr Lawson wrongly shifting ground passing the 250 metre mark. Nor, despite the fact contact was made with “Forever An Angel” were we satisfied that Mr Lawson shifted out unsafely or otherwise in a manner which could properly be regarded as careless, having regard to the responsibilities he had at that point in the race.

2.5 In reaching these conclusions we are conscious they differ in some respects from the findings made by the experienced Judicial Committee which upheld the Protest. But we have only reached those conclusions after careful consideration of the evidence put before us and a detailed examination of the video tapes in a time framework, the luxury of which we suspect was not available to the other Judicial Committee who were required to discharge their responsibilities under pressures of time and circumstance which did not apply to us.

2.6 In the result, although we think the charge was properly and responsibly laid by Mr Jones, for the reasons we have set out in this Decision we find that it has not been proved to the requisite standard and it is accordingly dismissed.

DATED at Wellington this 4th day of September 2013
___________________________
Bruce Squire QC (Chairman)

Signed pursuant to R. 1114(6)

sumissionsforpenalty:

reasonsforpenalty:

penalty:

Not applicable.

hearing_type: Non-race day

Rules: 869(3)(b)

Informant: Mr Brady Jones - Stipendiary Steward

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PersonPresent: Mr Brady Jones - Stipendiary Steward, Mr Ross Neal - Co-Chief Stipendiary Steward, Mr Simon Lawson - Open Horseman, Mr Rob Lawson - Lay Advocate, Mr John Muirhead - Stipendiary Steward, Mr Logan Hollis - Open Horseman

Respondent: Mr Simon Lawson - Open Horseman

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