Archive Decision

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Morrinsville TC January 2012 – R 8

ID: JCA16225

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
T MacFarlane - Driver

Other Person:
S McMullan - Junior Driver, P Ferguson - Driver, B Van Kan - Stipendiary Steward

Information Number:
68680

Hearing Type:
Hearing

Rules:
Rule 869(3)(b) Careless Driving

Plea:
denied

Meet Title:
Morrinsville TC - 15 January 2012

Meet Chair:
JHolloway

Meet Committee Member 1:
ADooley

Race Date:
2012/01/15

Race Number:
R8

Decision:

The charge was established.

Penalty:

A fine of $250 was applied.

Charge:

Mr MacFarlane was charged with driving TODDY carelessly during race 8 and causing interference to Anvil On Fire (S McMullan) with approximately 220 metres to run

Facts:

Mr McFarlane appeared for the hearing and confirmed that he understood the rule and was denying the breach.

Mr Muirhead referred to video footage of the relevant stages of the race and had Mr VanKan identify the relative runners.  On the turn Mr MacFarlane was three back on the rail and shortly after began to improve moving outwards with his sulky wheel coming into contact with the front legs of Anvil On Fire which broke.  He directed the attention of the committee to the point immediately before impact where Mr MacFarlane tried to straighten and pull away from Mr McMullan but his actions were too late.  In moving outwards Mr MacFarlane had interfered with the progress of another horse.

Junior Driver Mr S McMullan driver of Anvil On Fire told the hearing that Mr McFarlane's horse appeared to shy and suddenly ducked out with his horse's front legs coming into contact with Toddy's sulky wheel.  He had been running a straight line and his horse broke.  He confirmed that his horse was not likely to improve before the contact was made.

Mr McFarlane told the hearing that he had been three back on the rail coming off the final turn. His horse was placed second in its last start and had run this race economically.   As he moved wide to improve he was confident that his drive could move into the gap immediately infront of Mr McMullan on Anvil On Fire. Unexpectedly his horse appeared to 'die in a hole' which was a huge form reversal and ducked out further than he had expected contacting Mr McMullan's horse.  He had tried to straighten his horse but was too late.  In cross examination by Mr Muirhead he conceded that his responsibility as a horseman was to make sure that no interference took place.

Submissions for Decision:

Mr Muirhead submitted that the facts spoke for themselves and that one of a driver's responsibilities was to ensure that no interference was caused to any other horse in a race.

Mr McFarlane made no submissions.

Reasons for Decision:

The committee reviewed footage of the relevant stage of the race from the various angles supplied and considered the witnesses accounts of the incident.

It was clear that Mr McFarlane was intent in improving wide from his position on the turn three back on the running rail.  He moved one out behind Mr Ferguson before moving to improve outside him.   As he did so his sulky came into contact with the legs of Anvil On Fire driven by Mr McMullan.  Mr McFarlane having driven his horse economically thus far believed he could improve into the gap infront of Anvil on Fire. His horse unexpectedly lagged which resulted in interference to Mr McMullan and the breaking up of his horse.

It was clear to the committee that this manoeuvre was careless.

Submissions for Penalty:

Mr Muirhead told the hearing that Mr MacFarlane was an experienced driver with a clear driving record.  He assessed the breach as being in mid range and suggested an appropriate fine would be in the $250 to $400 range.

Mr McFarlane contended that a fine of $250 was appropriate.  He had been found guilty and assured the hearing that he would excercise more care in future.

Reasons for Penalty:

The Committee assessed the breach as being at the lower mid range.  There had been interference to another runner although that horse was clearly not finishing strongly when the interference occurred.  Mr McFarlane had over estimated his horse's potential to improve and in moving out had shown an element of carelessness in his driving.  His driving record is clear.

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: cc3541ecb6299dbb2f5fe8c68b506113


informantnumber: 68680


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 01/01/2012


hearing_title: Morrinsville TC January 2012 - R 8


charge:

Mr MacFarlane was charged with driving TODDY carelessly during race 8 and causing interference to Anvil On Fire (S McMullan) with approximately 220 metres to run


facts:

Mr McFarlane appeared for the hearing and confirmed that he understood the rule and was denying the breach.

Mr Muirhead referred to video footage of the relevant stages of the race and had Mr VanKan identify the relative runners.  On the turn Mr MacFarlane was three back on the rail and shortly after began to improve moving outwards with his sulky wheel coming into contact with the front legs of Anvil On Fire which broke.  He directed the attention of the committee to the point immediately before impact where Mr MacFarlane tried to straighten and pull away from Mr McMullan but his actions were too late.  In moving outwards Mr MacFarlane had interfered with the progress of another horse.

Junior Driver Mr S McMullan driver of Anvil On Fire told the hearing that Mr McFarlane's horse appeared to shy and suddenly ducked out with his horse's front legs coming into contact with Toddy's sulky wheel.  He had been running a straight line and his horse broke.  He confirmed that his horse was not likely to improve before the contact was made.

Mr McFarlane told the hearing that he had been three back on the rail coming off the final turn. His horse was placed second in its last start and had run this race economically.   As he moved wide to improve he was confident that his drive could move into the gap immediately infront of Mr McMullan on Anvil On Fire. Unexpectedly his horse appeared to 'die in a hole' which was a huge form reversal and ducked out further than he had expected contacting Mr McMullan's horse.  He had tried to straighten his horse but was too late.  In cross examination by Mr Muirhead he conceded that his responsibility as a horseman was to make sure that no interference took place.


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead submitted that the facts spoke for themselves and that one of a driver's responsibilities was to ensure that no interference was caused to any other horse in a race.

Mr McFarlane made no submissions.


reasonsfordecision:

The committee reviewed footage of the relevant stage of the race from the various angles supplied and considered the witnesses accounts of the incident.

It was clear that Mr McFarlane was intent in improving wide from his position on the turn three back on the running rail.  He moved one out behind Mr Ferguson before moving to improve outside him.   As he did so his sulky came into contact with the legs of Anvil On Fire driven by Mr McMullan.  Mr McFarlane having driven his horse economically thus far believed he could improve into the gap infront of Anvil on Fire. His horse unexpectedly lagged which resulted in interference to Mr McMullan and the breaking up of his horse.

It was clear to the committee that this manoeuvre was careless.


Decision:

The charge was established.


sumissionsforpenalty:

Mr Muirhead told the hearing that Mr MacFarlane was an experienced driver with a clear driving record.  He assessed the breach as being in mid range and suggested an appropriate fine would be in the $250 to $400 range.

Mr McFarlane contended that a fine of $250 was appropriate.  He had been found guilty and assured the hearing that he would excercise more care in future.


reasonsforpenalty:

The Committee assessed the breach as being at the lower mid range.  There had been interference to another runner although that horse was clearly not finishing strongly when the interference occurred.  Mr McFarlane had over estimated his horse's potential to improve and in moving out had shown an element of carelessness in his driving.  His driving record is clear.


penalty:

A fine of $250 was applied.


hearing_type: Hearing


Rules: Rule 869(3)(b) Careless Driving


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: T MacFarlane - Driver


Otherperson: S McMullan - Junior Driver, P Ferguson - Driver, B Van Kan - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 52d62da2169e5e909e2bcb69ec5e4b2a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7a8b55ee67197772bb9f146512f490c4


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/01/2012


meet_title: Morrinsville TC - 15 January 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "248", "Total": "153.76", "kmprice": 153.75999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: morrinsville-tc


meet_racingtype: harness-racing


meet_chair: JHolloway


meet_pm1: ADooley


meet_pm2: none


name: Morrinsville TC