Timaru HRC 11 September 2011 – R 6
ID: JCA16037
Meet Title:
Timaru HRC - 11 September 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2011/09/11
Race Number:
R6
Decision:
On resuming the hearing we advised that parties of our reasons (as set out above) and that the charge was dismissed.
Charge:
Alleged dropping leg from foot rest.
Facts:
Following the running of Race 6, the Mike McCallum Farewell Pace, Stipendiary Steward Mr S. W. Wallis filed an Information against Open Horseman Mr B. N. Orange alleging a breach of Rule 867. It was alleged that Mr Orange had dropped his leg from the foot rest during the race while driving “Goodfields Dream” (11).
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 867 in that Mr Orange allowed his foot to drop from the sulky foot rest and struck his horse with the whip passing to 700m.”
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Orange had indicated on the Information that this breach of the Rules was not admitted and he confirmed that at the hearing. Mr Orange also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Wallis gave evidence and used video coverage to show that after passing the 700 mark Mr Orange had dropped his left leg from the rest, and at the same time had used his whip. Although Mr Orange used his whip twice at this time, it was not clear whether Mr Orange had his foot out of the rest when he used his whip the second time.
It was part of the Stipendiary Steward’s case that Mr Orange had dropped his leg from the rest to enable him to use his whip more forcefully.
Mr Orange gave evidence that at the time of this incident he was suffering from cramp, and to ease this he had dropped his leg from the rest, and at the same had changed his position in the seat. This had relieved the cramp which Mr Orange said he did suffer from on occasions. Mr Orange disputed that dropping his leg from the rest enabled him to use his whip with more force.
Although Rule 867 provides that a horseman shall drive “throughout the race” with his feet in the rest, it was established that horsemen were given some latitude under this Rule after the start of the race.
We adjourned to consider our decision.
Reasons for Decision:
Mr Orange did drop his left leg from the sulky rest, but it was for a very short time - a matter of a few seconds. During this time it could be seen that Mr Orange did use his whip once, but it was also apparent that Mr Orange moved his position in the seat. Mr Orange’s explanation was that he was suffering from cramp at this time, and that he dropped his leg from the rest and changed his position on the seat to get relief from this cramp.
We were satisfied that the evidence given by Mr Orange was a reasonable explanation for dropping his leg from the rest, and that the charge should be dismissed.
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: b13f4a34d54701dfa2480dea4538121d
informantnumber: 69236
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 12/09/2011
hearing_title: Timaru HRC 11 September 2011 - R 6
charge:
Alleged dropping leg from foot rest.
facts:
Following the running of Race 6, the Mike McCallum Farewell Pace, Stipendiary Steward Mr S. W. Wallis filed an Information against Open Horseman Mr B. N. Orange alleging a breach of Rule 867. It was alleged that Mr Orange had dropped his leg from the foot rest during the race while driving “Goodfields Dream” (11).
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 867 in that Mr Orange allowed his foot to drop from the sulky foot rest and struck his horse with the whip passing to 700m.”
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr Orange had indicated on the Information that this breach of the Rules was not admitted and he confirmed that at the hearing. Mr Orange also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis gave evidence and used video coverage to show that after passing the 700 mark Mr Orange had dropped his left leg from the rest, and at the same time had used his whip. Although Mr Orange used his whip twice at this time, it was not clear whether Mr Orange had his foot out of the rest when he used his whip the second time.
It was part of the Stipendiary Steward’s case that Mr Orange had dropped his leg from the rest to enable him to use his whip more forcefully.
Mr Orange gave evidence that at the time of this incident he was suffering from cramp, and to ease this he had dropped his leg from the rest, and at the same had changed his position in the seat. This had relieved the cramp which Mr Orange said he did suffer from on occasions. Mr Orange disputed that dropping his leg from the rest enabled him to use his whip with more force.
Although Rule 867 provides that a horseman shall drive “throughout the race” with his feet in the rest, it was established that horsemen were given some latitude under this Rule after the start of the race.
We adjourned to consider our decision.
reasonsfordecision:
Mr Orange did drop his left leg from the sulky rest, but it was for a very short time - a matter of a few seconds. During this time it could be seen that Mr Orange did use his whip once, but it was also apparent that Mr Orange moved his position in the seat. Mr Orange’s explanation was that he was suffering from cramp at this time, and that he dropped his leg from the rest and changed his position on the seat to get relief from this cramp.
We were satisfied that the evidence given by Mr Orange was a reasonable explanation for dropping his leg from the rest, and that the charge should be dismissed.
Decision:
On resuming the hearing we advised that parties of our reasons (as set out above) and that the charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 867
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr BN Orange - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 09148facba05013b35ab30668391ca86
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: 5c144118962a5398b783db0f7ccfe047
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/09/2011
meet_title: Timaru HRC - 11 September 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Timaru HRC