Westport TC 26 December 2012 – R 9
ID: JCA15714
Meet Title:
Westport TC - 26 December 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2012/12/26
Race Number:
R9
Decision:
The charge was dismissed.
Charge:
Careless Driving
Facts:
Following the running of Race 9, Roche Family Trot, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr S J Clarke, alleging a breach of Rule 869 (3) (b) in that Mr Clarke, as the driver of SUN OF MYSTERY
in the race, “allowed his horse to shift inwards when not sufficiently clear causing THE PEACE MONKEY (J C E Thomas) to be tightened and break after 200 metres”.
Mr Clarke was present at the hearing of the information and he indicated that he denied the breach.
Mr McIntyre explained to the Committee that Mr Thomas was a Junior Driver but he had waived the right to be assisted by a Senior Horseman at the hearing.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr McIntyre had Stipendiary Steward, Mr R A Quirk, show video replays of the incident shortly after the start of the 2600 metres standing start trotting event. He pointed out SPEEDY GONZALES (C P Iggo), which had taken the lead, immediately in front of THE PEACE MONKEY. SUN OF MYSTERY was improving on the outside of THE PEACE MONKEY and SUNRISE INVASION (I R Cameron) was on the inside of the latter runner.
Following the race, Mr Thomas was interviewed and had stated that Mr Clarke had shifted in. He had been forced to take hold of his horse which then broke. Mr Thomas told the Committee that Mr Clarke had come across and tightened him. He had come “right underneath” him and forced him to take hold as a result of which his horse broke. Mr Thomas said that he had felt that Mr Clarke was going to keep shifting down so he took evasive action. Mr Thomas confirmed that there had been no contact. There was no pressure from Mr Cameron on his inside. Mr Cameron was holding his line, Mr Thomas said.
Mr McIntyre said the head-on video replay was the most helpful but the Stewards were relying solely on the evidence of Mr Thomas. Mr Clarke had shifted down the track, Mr McIntyre said, and it was Mr Thomas’s evidence that he had been put in a position where he had to take hold and his horse had broken, notwithstanding that there was no contact.
Mr Thomas, in response to a question from the Committee, said that he had called out for room. Mr Clarke had relieved the pressure momentarily but had then come back down.
Mr Thomas, when questioned by Mr Clarke, said that THE PEACE MONKEY had not had experience racing in large fields but was not field shy. It had had two starts for a win and a 2nd placing, Mr Thomas said, and had not galloped in either of its previous starts.
Mr Clarke submitted that the runners had come across after the start. Mr Cameron had kept a straight course and had arguably contributed to the tightening. When Mr Thomas had called for room, he had pulled his horse out to give Mr Thomas some room, Mr Clarke said. He had come down again only after Mr Thomas’s horse had galloped. At no stage was there any contact and THE PEACE MONKEY had not received any interference, Mr Clarke submitted. He further submitted that it was difficult to see from the head-on video replay where Mr Thomas had restrained his horse.
Reasons for Decision:
It was alleged that Mr Clarke had driven carelessly when shifting down shortly after the start and, in doing so, tightened THE PEACE MONKEY resulting in that horse having to be restrained and breaking. That was the gist of Mr Thomas’s evidence. Mr Thomas accepted that, when he called to Mr Clarke for room, Mr Clarke had relieved the pressure but he had still been forced to restrain his horse, causing it to break. Mr Thomas also accepted that there had been no contact.
Mr Clarke submitted that he had immediately given Mr Thomas room when he heard him call out and had only shifted back down when Mr Thomas’s horse had galloped. There had, at all times, been room for Mr Thomas between SUN OF MYSTERY and SUNRISE INVASION and Mr Clarke submitted that his actions had not been responsible for THE PEACE MONKEY galloping. That horse had galloped free of interference, he submitted.
The Committee carefully considered the evidence and carefully viewed the video replays.
The Committee had to determine whether the actions of Mr Clarke were those of a reasonable and prudent driver. The Committee was satisfied that Mr Clarke had moved across from his draw of 8 on the 20 metres. THE PEACE MONKEY had drawn inside it at 6 on the 20 metres. The Committee found that there was some minor tightening, which is not uncommon, after the start but that Mr Clarke had immediately relieved the pressure on Mr Thomas when alerted to it by Mr Thomas. He could have done no more. The head-on video replay showed that there was sufficient room for THE PEACE MONKEY and the Committee did not accept that it had galloped as a result of any interference from SUN OF MYSTERY. Significantly, both parties agreed that there was no contact between the two runners or sulkies. The Committee further found that, having immediately relieved the pressure, Mr Clarke had moved back down only after THE PEACE MONKEY had galloped out of the gap.
Having regard to all of those matters, the Committee was not satisfied that it had been proved that Mr Clarke had driven 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: c720c74b9e0f8ae2268595c2711d0825
informantnumber: A5280
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 18/12/2012
hearing_title: Westport TC 26 December 2012 - R 9
charge:
Careless Driving
facts:
Following the running of Race 9, Roche Family Trot, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr S J Clarke, alleging a breach of Rule 869 (3) (b) in that Mr Clarke, as the driver of SUN OF MYSTERY
in the race, “allowed his horse to shift inwards when not sufficiently clear causing THE PEACE MONKEY (J C E Thomas) to be tightened and break after 200 metres”.
Mr Clarke was present at the hearing of the information and he indicated that he denied the breach.
Mr McIntyre explained to the Committee that Mr Thomas was a Junior Driver but he had waived the right to be assisted by a Senior Horseman at the hearing.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre had Stipendiary Steward, Mr R A Quirk, show video replays of the incident shortly after the start of the 2600 metres standing start trotting event. He pointed out SPEEDY GONZALES (C P Iggo), which had taken the lead, immediately in front of THE PEACE MONKEY. SUN OF MYSTERY was improving on the outside of THE PEACE MONKEY and SUNRISE INVASION (I R Cameron) was on the inside of the latter runner.
Following the race, Mr Thomas was interviewed and had stated that Mr Clarke had shifted in. He had been forced to take hold of his horse which then broke. Mr Thomas told the Committee that Mr Clarke had come across and tightened him. He had come “right underneath” him and forced him to take hold as a result of which his horse broke. Mr Thomas said that he had felt that Mr Clarke was going to keep shifting down so he took evasive action. Mr Thomas confirmed that there had been no contact. There was no pressure from Mr Cameron on his inside. Mr Cameron was holding his line, Mr Thomas said.
Mr McIntyre said the head-on video replay was the most helpful but the Stewards were relying solely on the evidence of Mr Thomas. Mr Clarke had shifted down the track, Mr McIntyre said, and it was Mr Thomas’s evidence that he had been put in a position where he had to take hold and his horse had broken, notwithstanding that there was no contact.
Mr Thomas, in response to a question from the Committee, said that he had called out for room. Mr Clarke had relieved the pressure momentarily but had then come back down.
Mr Thomas, when questioned by Mr Clarke, said that THE PEACE MONKEY had not had experience racing in large fields but was not field shy. It had had two starts for a win and a 2nd placing, Mr Thomas said, and had not galloped in either of its previous starts.
Mr Clarke submitted that the runners had come across after the start. Mr Cameron had kept a straight course and had arguably contributed to the tightening. When Mr Thomas had called for room, he had pulled his horse out to give Mr Thomas some room, Mr Clarke said. He had come down again only after Mr Thomas’s horse had galloped. At no stage was there any contact and THE PEACE MONKEY had not received any interference, Mr Clarke submitted. He further submitted that it was difficult to see from the head-on video replay where Mr Thomas had restrained his horse.
reasonsfordecision:
It was alleged that Mr Clarke had driven carelessly when shifting down shortly after the start and, in doing so, tightened THE PEACE MONKEY resulting in that horse having to be restrained and breaking. That was the gist of Mr Thomas’s evidence. Mr Thomas accepted that, when he called to Mr Clarke for room, Mr Clarke had relieved the pressure but he had still been forced to restrain his horse, causing it to break. Mr Thomas also accepted that there had been no contact.
Mr Clarke submitted that he had immediately given Mr Thomas room when he heard him call out and had only shifted back down when Mr Thomas’s horse had galloped. There had, at all times, been room for Mr Thomas between SUN OF MYSTERY and SUNRISE INVASION and Mr Clarke submitted that his actions had not been responsible for THE PEACE MONKEY galloping. That horse had galloped free of interference, he submitted.
The Committee carefully considered the evidence and carefully viewed the video replays.
The Committee had to determine whether the actions of Mr Clarke were those of a reasonable and prudent driver. The Committee was satisfied that Mr Clarke had moved across from his draw of 8 on the 20 metres. THE PEACE MONKEY had drawn inside it at 6 on the 20 metres. The Committee found that there was some minor tightening, which is not uncommon, after the start but that Mr Clarke had immediately relieved the pressure on Mr Thomas when alerted to it by Mr Thomas. He could have done no more. The head-on video replay showed that there was sufficient room for THE PEACE MONKEY and the Committee did not accept that it had galloped as a result of any interference from SUN OF MYSTERY. Significantly, both parties agreed that there was no contact between the two runners or sulkies. The Committee further found that, having immediately relieved the pressure, Mr Clarke had moved back down only after THE PEACE MONKEY had galloped out of the gap.
Having regard to all of those matters, the Committee was not satisfied that it had been proved that Mr Clarke had driven carelessly.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: NG McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: SJ Clarke - Licensed Open Driver
Otherperson: JCE Thomas - Licensed Junior Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: ef3e16a08f0a74f74f997d7405c28937
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 04444cc189ede3ed08b33681f293ab5d
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2012
meet_title: Westport TC - 26 December 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Westport TC