NZ Metro TC 13 November 2015 – R 9 – Chair, Mr R McKenzie
ID: JCA16705
Meet Title:
NZ Metro TC - 13 November 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/11/13
Race Number:
R9
Decision:
The charge was found proved.
Penalty:
Mr Golding’s Junior Horseman’s Licence was suspended from after the close of racing on Friday, 13 November up to and including Sunday, 22 November 2015 – 3 driving days. The meetings intended to be encompassed by the period of suspension are Forbury Park on 19 November, Timaru on 21 November and Banks Peninsula on 22 November.
Facts:
Following the running of Race 9, Hellers Dominion Trot (Group 1), an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr S F Golding, alleging that, as the driver of HARRYSUL in the race, he drove carelessly “when improving into a position to the inside of JAG’S INVASION (N P Williamson) near the 850 metres when there was insufficient room contacting pylons and breaking”.
Mr Golding was present at the hearing of the information and he indicated that he denied the breach. He was assisted at the hearing by Licensed Open Horseman, Mr G D Smith.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Submissions for Decision:
Mr Ydgren showed video replays of the relevant part of the race as the field passed the 1000 metres. He pointed out HARRYSUL, driven by Mr Golding, racing in 3rd to last position on the marker line. JAG’S INVASION, driven by Mr Williamson, was directly in front of Mr Golding.
Mr Ydgren said that the Stewards were alleging that, at approximately the 950 metres, the runner in front of JAG’S INVASION, SPRINGBANK SAM (B M Williamson) attempted to ease outwards but was unable to complete the manoeuvre, as the horse outside him (KINCASLOUGH driven by J R Dunn) eased him back down. In the meantime, Mr Golding, anticipating a full run to the inside of JAG’S INVASION, had attempted to improve his position to the inside of JAG’S INVASION. As the field raced into the bend, Mr Golding’s horse ran out of room, contacted several track markers and eventually broke, Mr Ydgren said.
Mr Golding had improved his horse into the inside of the established racing line – the one-wide line, Mr Ydgren said. As the field approached the bend, as inevitably happens, the field shifted inwards leaving Mr Golding “poorly positioned” near the pylons. The horse struck several pylons, ran out of room and galloped, Mr Ydgren said.
Mr Golding had failed to display the level of care required by allowing his horse to improve into the run, which was always going to close, as the field approached the bend when there were only two “established racing lines” at that time, Mr Ydgren submitted. He pointed out that neither of the two drivers following Mr Golding had attempted to follow Mr Golding. This indicated that it was not a prudent move on Mr Golding’s part, Mr Ydgren submitted.
Mr Smith asked Mr Ydgren to explain how Mr Golding could get up on the inside of JAG’S INVASION, without striking any markers, if there was not room for him to improve there. Mr Ydgren replied that, in every race, the field does not race hard up against the pylons and is often at least a cart-width out, but drivers do not improve into that space, knowing that the field will move back down to the pylons approaching a bend.
Mr N P Williamson said that the field had drifted off the markers at that point in the race. He had been following SPRINGBANK SAM which had, momentarily, decided to move out into the one-out line. However, Mr Dunn on KINCASLOUGH had forced SPRINGBANK SAM back down. Mr Williamson said that it had been his intention to work off the markers and follow SPRINGBANK SAM out, but he was forced to come back down when Mr Dunn had eased that runner back down. Mr Williamson said that he was at least a cart-width off the pylons at that stage, but Mr Golding had been forced back down.
Mr Ydgren asked Mr Williamson to demonstrate, on the video replay, where Mr B M Williamson was fully on the back of HABIBTI (D J Butt) in the two-out line. He said that he was unable to do so. He accepted that it was common for the field to race some distance out from the markers and that the field tended to move down to the markers again approaching a bend. Mr Williamson said that he felt that there was room for him to improve up on the inside of SPRINGBANK SAM but, because he did not take up that position, Mr Dunn was able to ease that runner back down. Mr Williamson also accepted that KINCASLOUGH was never fully 3-wide. He believed that Mr Brad Williamson had anticipated Mr Dunn going 3-wide. That meant that neither SPRINGBANK SAM nor his own horse were ever fully out into the 2-wide line. He believed that Mr Golding had also anticipated a run fully opening, but there was not room for him to get out into the established two-out line. Mr Williamson said that it was a “racing incident” – Mr Golding had seen a gap that had closed on him.
Mr Williamson stated that there was initially room for Mr Golding to improve his horse and sulky into.
Mr Smith submitted, on Mr Golding’s behalf, that what happened had happened very quickly. Mr Dunn did not realise that Mr Golding had attempted to improve into the gap when he was attempting to ease SPRINGBANK SAM down. He further submitted that the video replays were not conclusive.
Mr Golding said that he had been charged with improving into a position where there was insufficient room. He submitted that he had put his horse and sulky into a gap that was there at the time.
Mr Ydgren, in summing up and in response to Mr Smith’s submission regarding the video coverage, said that there was no video replay of the incident showing that SPRINGBANK SAM was ever established on the back of HABIBTI, which would need to be the case if Mr Golding going to be able to attempt the run he did or showing that KINCASLOUGH was ever established 3-wide on the back of STENT.
Reasons for Decision:
The Committee heard lengthy evidence and submissions in this case. At the end of the day, the question for the Committee is would a reasonable and competent driver have attempted to improve on the inside of JAG’S INVASION in the circumstances in which Mr Golding found himself.
We find, as facts, that just past the 1000 metres, SPRINGBANK SAM, which was racing 4-back on the markers, attempted to ease out in anticipation of KINCASLOUGH, on its outside, moving out in the 3-wide line to follow STENT which had pulled out 3-wide. In the event, KINCASLOUGH remained in the 2-wide line and was able to properly ease SPRINGBANK SAM back down.
Mr Nathan Williamson on JAG’S INVASION, which had been following SPRINGBANK SAM, anticipating that that runner was easing out, moved out momentarily with the intention of getting onto the back of that runner. SPRINGBANK SAM had been unsuccessful in attempting to shift out with the result that JAG’S INVASION also had to remain in the one-out line. In the meantime, Mr Golding, who had been following Mr Nathan Williamson, had anticipated taking up the space vacated by him and had put his horse and sulky into a gap inside Mr Williamson. It is accepted that there was room because the field was racing off the marker line.
However, in moving up inside Mr Nathan Williamson, Mr Golding had put his horse on the inside of the two established racing lines with the result that, when the field inevitably moved back closer to the markers approaching the bend into the back straight, there was no room and Mr Golding’s horse was forced onto and to strike track markers resulting in its breaking.
The Committee believes that the following Rules are relevant:
86 (4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or
its progress
(6) Subject to sub-rule (4) hereof:
(a) horsemen are permitted to move ground inwards or outwards at any stage of the race to improve their racing position.
The Committee is satisfied, from the video evidence and from the evidence of the parties, that Mr Golding, in electing to shift inwards when he did, had to be sure that he could do so and still comply with Rule 86 (4). The Committee was not satisfied that he was able to do this and we find, therefore, that Mr Golding showed bad judgement and has driven carelessly in that his actions, on this occasion, were not those of a reasonable and competent driver.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide which provided a starting point for penalty for careless driving in a “major race” of a 3-day suspension (a “major race” is a race with stakes of $40,000 or more).
Mr Golding has had 80 drives in the season to date and had 417 in the 2104/2015 season. He was fined $300 for careless driving on 6 December 2014 at Oamaru, Mr Ydgren said.
Mr Ydgren said that, given that the race was a Group 1 event, an appropriate term of suspension would be 3 driving days. Mr Golding drives predominantly in the South Island, Mr Ydgren said.
Mr Golding told the Committee that he did not seek a deferment of the suspension. He asked the Committee to take into account that no other runner was affected by his actions, but only his own horse.
Reasons for Penalty:
The Committee noted the suggested starting point for penalty as a 3 days’ suspension. The Committee assessed the degree of carelessness in this case as being in the mid range, with only the chances of Mr Golding’s own runner being affected. However, the race was a Group 1 for a stake of $250,000 and, arguably, this country’s premier race for trotters. This warranted an uplift in the starting point to 4 days. Against that, Mr Golding was entitled to a discount, which the Committee assessed at 1 day, for his record which the Committee regarded as a good one. The previous breach of the careless driving Rule by Mr Golding was only just inside the last 12 months and Mr Golding has had a large number of drives since then.
JCA Decision Fields (raw)
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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: d6a3d891aac51521c24f0ef0ceae001b
informantnumber: A6733
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 17/11/2015
hearing_title: NZ Metro TC 13 November 2015 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Hellers Dominion Trot (Group 1), an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr S F Golding, alleging that, as the driver of HARRYSUL in the race, he drove carelessly “when improving into a position to the inside of JAG’S INVASION (N P Williamson) near the 850 metres when there was insufficient room contacting pylons and breaking”.
Mr Golding was present at the hearing of the information and he indicated that he denied the breach. He was assisted at the hearing by Licensed Open Horseman, Mr G D Smith.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed video replays of the relevant part of the race as the field passed the 1000 metres. He pointed out HARRYSUL, driven by Mr Golding, racing in 3rd to last position on the marker line. JAG’S INVASION, driven by Mr Williamson, was directly in front of Mr Golding.
Mr Ydgren said that the Stewards were alleging that, at approximately the 950 metres, the runner in front of JAG’S INVASION, SPRINGBANK SAM (B M Williamson) attempted to ease outwards but was unable to complete the manoeuvre, as the horse outside him (KINCASLOUGH driven by J R Dunn) eased him back down. In the meantime, Mr Golding, anticipating a full run to the inside of JAG’S INVASION, had attempted to improve his position to the inside of JAG’S INVASION. As the field raced into the bend, Mr Golding’s horse ran out of room, contacted several track markers and eventually broke, Mr Ydgren said.
Mr Golding had improved his horse into the inside of the established racing line – the one-wide line, Mr Ydgren said. As the field approached the bend, as inevitably happens, the field shifted inwards leaving Mr Golding “poorly positioned” near the pylons. The horse struck several pylons, ran out of room and galloped, Mr Ydgren said.
Mr Golding had failed to display the level of care required by allowing his horse to improve into the run, which was always going to close, as the field approached the bend when there were only two “established racing lines” at that time, Mr Ydgren submitted. He pointed out that neither of the two drivers following Mr Golding had attempted to follow Mr Golding. This indicated that it was not a prudent move on Mr Golding’s part, Mr Ydgren submitted.
Mr Smith asked Mr Ydgren to explain how Mr Golding could get up on the inside of JAG’S INVASION, without striking any markers, if there was not room for him to improve there. Mr Ydgren replied that, in every race, the field does not race hard up against the pylons and is often at least a cart-width out, but drivers do not improve into that space, knowing that the field will move back down to the pylons approaching a bend.
Mr N P Williamson said that the field had drifted off the markers at that point in the race. He had been following SPRINGBANK SAM which had, momentarily, decided to move out into the one-out line. However, Mr Dunn on KINCASLOUGH had forced SPRINGBANK SAM back down. Mr Williamson said that it had been his intention to work off the markers and follow SPRINGBANK SAM out, but he was forced to come back down when Mr Dunn had eased that runner back down. Mr Williamson said that he was at least a cart-width off the pylons at that stage, but Mr Golding had been forced back down.
Mr Ydgren asked Mr Williamson to demonstrate, on the video replay, where Mr B M Williamson was fully on the back of HABIBTI (D J Butt) in the two-out line. He said that he was unable to do so. He accepted that it was common for the field to race some distance out from the markers and that the field tended to move down to the markers again approaching a bend. Mr Williamson said that he felt that there was room for him to improve up on the inside of SPRINGBANK SAM but, because he did not take up that position, Mr Dunn was able to ease that runner back down. Mr Williamson also accepted that KINCASLOUGH was never fully 3-wide. He believed that Mr Brad Williamson had anticipated Mr Dunn going 3-wide. That meant that neither SPRINGBANK SAM nor his own horse were ever fully out into the 2-wide line. He believed that Mr Golding had also anticipated a run fully opening, but there was not room for him to get out into the established two-out line. Mr Williamson said that it was a “racing incident” – Mr Golding had seen a gap that had closed on him.
Mr Williamson stated that there was initially room for Mr Golding to improve his horse and sulky into.
Mr Smith submitted, on Mr Golding’s behalf, that what happened had happened very quickly. Mr Dunn did not realise that Mr Golding had attempted to improve into the gap when he was attempting to ease SPRINGBANK SAM down. He further submitted that the video replays were not conclusive.
Mr Golding said that he had been charged with improving into a position where there was insufficient room. He submitted that he had put his horse and sulky into a gap that was there at the time.
Mr Ydgren, in summing up and in response to Mr Smith’s submission regarding the video coverage, said that there was no video replay of the incident showing that SPRINGBANK SAM was ever established on the back of HABIBTI, which would need to be the case if Mr Golding going to be able to attempt the run he did or showing that KINCASLOUGH was ever established 3-wide on the back of STENT.
reasonsfordecision:
The Committee heard lengthy evidence and submissions in this case. At the end of the day, the question for the Committee is would a reasonable and competent driver have attempted to improve on the inside of JAG’S INVASION in the circumstances in which Mr Golding found himself.
We find, as facts, that just past the 1000 metres, SPRINGBANK SAM, which was racing 4-back on the markers, attempted to ease out in anticipation of KINCASLOUGH, on its outside, moving out in the 3-wide line to follow STENT which had pulled out 3-wide. In the event, KINCASLOUGH remained in the 2-wide line and was able to properly ease SPRINGBANK SAM back down.
Mr Nathan Williamson on JAG’S INVASION, which had been following SPRINGBANK SAM, anticipating that that runner was easing out, moved out momentarily with the intention of getting onto the back of that runner. SPRINGBANK SAM had been unsuccessful in attempting to shift out with the result that JAG’S INVASION also had to remain in the one-out line. In the meantime, Mr Golding, who had been following Mr Nathan Williamson, had anticipated taking up the space vacated by him and had put his horse and sulky into a gap inside Mr Williamson. It is accepted that there was room because the field was racing off the marker line.
However, in moving up inside Mr Nathan Williamson, Mr Golding had put his horse on the inside of the two established racing lines with the result that, when the field inevitably moved back closer to the markers approaching the bend into the back straight, there was no room and Mr Golding’s horse was forced onto and to strike track markers resulting in its breaking.
The Committee believes that the following Rules are relevant:
86 (4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or
its progress
(6) Subject to sub-rule (4) hereof:
(a) horsemen are permitted to move ground inwards or outwards at any stage of the race to improve their racing position.
The Committee is satisfied, from the video evidence and from the evidence of the parties, that Mr Golding, in electing to shift inwards when he did, had to be sure that he could do so and still comply with Rule 86 (4). The Committee was not satisfied that he was able to do this and we find, therefore, that Mr Golding showed bad judgement and has driven carelessly in that his actions, on this occasion, were not those of a reasonable and competent driver.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide which provided a starting point for penalty for careless driving in a “major race” of a 3-day suspension (a “major race” is a race with stakes of $40,000 or more).
Mr Golding has had 80 drives in the season to date and had 417 in the 2104/2015 season. He was fined $300 for careless driving on 6 December 2014 at Oamaru, Mr Ydgren said.
Mr Ydgren said that, given that the race was a Group 1 event, an appropriate term of suspension would be 3 driving days. Mr Golding drives predominantly in the South Island, Mr Ydgren said.
Mr Golding told the Committee that he did not seek a deferment of the suspension. He asked the Committee to take into account that no other runner was affected by his actions, but only his own horse.
reasonsforpenalty:
The Committee noted the suggested starting point for penalty as a 3 days’ suspension. The Committee assessed the degree of carelessness in this case as being in the mid range, with only the chances of Mr Golding’s own runner being affected. However, the race was a Group 1 for a stake of $250,000 and, arguably, this country’s premier race for trotters. This warranted an uplift in the starting point to 4 days. Against that, Mr Golding was entitled to a discount, which the Committee assessed at 1 day, for his record which the Committee regarded as a good one. The previous breach of the careless driving Rule by Mr Golding was only just inside the last 12 months and Mr Golding has had a large number of drives since then.
penalty:
Mr Golding’s Junior Horseman’s Licence was suspended from after the close of racing on Friday, 13 November up to and including Sunday, 22 November 2015 – 3 driving days. The meetings intended to be encompassed by the period of suspension are Forbury Park on 19 November, Timaru on 21 November and Banks Peninsula on 22 November.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: NM Ydgren - Stipendiary Steward
JockeysandTrainer: SF Golding - Licensed Junior Horseman
Otherperson: GD Smith - Licensed Open Horseman assisting Mr Golding, NP Williamson - Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: afc0641512468c1fcad86d0155167402
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
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race_otherexp:
race_chair:
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race_pm2:
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meetdate: 13/11/2015
meet_title: NZ Metro TC - 13 November 2015
meet_expappcomment:
meet_km:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
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name: NZ Metro TC