Forbury Park TC 2 October 2014 – R 3
ID: JCA16822
Meet Title:
Forbury Park TC - 2 October 2014
Meet Chair:
GHall
Race Date:
2014/10/02
Race Number:
R3
Decision:
The charge is proved.
Penalty:
Mr Johnston is suspended from driving at the completion of the meeting today up to and including 12 October. This is in effect one day for Mr Johnston.
Facts:
Mr Allison, Stipendiary Steward, alleged that Mr D Johnston (HERE COMES MONKEY) drove carelessly in race 3 the RICOH MOBILE PACE when allowing his horse to strike the sulky wheel of MATAI BRYAN (Mr A Milne), which deflated.
Submissions for Decision:
Mr Allison had Mr Davidson, Stipendiary Steward, demonstrate on the videos that as the field approached the back straight near the 800 metre mark HERE COMES MONKEY was in the one out line behind MATAI BRYAN. He alleged contact had been made between a leg of HERE COMES MONKEY and the sulky of MATAI BRYAN. He pointed to Mr Milne looking down at the sulky wheel and a camera shot some metres later that showed the tyre had deflated.
Mr Allison said the respondent’s carelessness was through his trailing Mr Milne too closely. He showed the respondent pressing his horse forward immediately prior to the incident. Mr Allison said in his view there had been no easing of the pace or any animal behaviour that had contributed to the incident. He said MATAI BRYAN had finished ¾ of a length from the winner and had the placings of MATAI BRYAN and HERE COMES MONKEY been reversed, there would have been a protest.
Mr Milne gave evidence that at the 800 metres he was one out and progressing forward. He heard his wheel get struck and he looked down immediately and saw the tyre was deflated. He said he was surprised as he could not see a reason for this happening as he was progressing forward at the time. There was no easing of the pace; he was moving up. He said while the tyre had deflated straight away, fortunately it had stayed on the rim.
Mr Johnston questioned Mr Milne. He asked him had the head of HERE COMES MONKEY hit his helmet. Mr Milne could not recall whether it had. He agreed if it had, Mr Johnston would have been trailing too close.
Mr Johnston alleged that the pace in the race had slackened for some 20 metres immediately prior to the incident and that there had been a chain reaction. When questioned as to this, Mr Milne replied he was definitely progressing forward when his wheel was struck. Mr Johnston asked Mr Milne whether he could see from the videos that HERE COMES MONKEY’s horse’s head was turned and that this was evidence that he was trying to hold the horse behind Mr Milne. Mr Milne replied that Mr Johnston was just too close and that there had been no slackening of the pace at this stage of the race that he could see.
Mr Johnston did not deny that he had hit the wheel of MATAI BRYAN. He said his horse had a history of greenness. He said there had been a slight slackening of the pace for 20 metres and that was why he had hit the wheel of Mr Milne. He acknowledged that he had given HERE COMES MONKEY 2 light slaps immediately before the incident and that he was close up behind MATAI BRYAN. He said that HERE COMES MONKEY had its head turned and his horse had also turned its body and that was why there was contact with the wheel. He emphasised the horse was very green and was inclined to over-race. He said it was the fault of the horse not the driver. He added the horse had last raced in August 2012 when it was on a warning.
Mr Johnston demonstrated on the videos that Mr M Williamson who was 3 back on the outside had had to take hold of his horse almost at the same time Mr Johnston had come into contact with the sulky of MATAI BRYAN. He called Mr Williamson to give evidence. He stated that he took hold of his horse because it was getting a bit close to HERE COMES MONKEY and his horse had galloped as a consequence. It should not have, but it did. The horse was a bit erratic. He agreed that it appeared Mr Johnston was trying to keep his horse straight. He did not notice any dramatic slackening of the pace at the time and he had taken hold of his horse because of its manners and not because of any slackening of pace. It was over-racing and its breaking had nothing to do with the incident in question. He said he could not see from the video that Mr Johnston had taken hold of HERE COMES MONKEY.
In summing up, Mr Allison stated the fact that Mr Johnston knew he was driving a green horse should have made him more cautious when trailing up close behind Mr Milne. He emphasised Mr Johnston had slapped up HERE COMES MONKEY with the reins immediately prior to the incident. The stipendiary stewards were adamant there was no easing of the pace and the incident was the result of Mr Johnston’s carelessness in trailing too close and his allowing the horse to strike the wheel of MATAI BRYAN.
Mr Johnston acknowledged he had been trailing very close behind Mr Milne but reiterated there had been a definite ever so brief slackening of the pace and this was the reason for the contact.
Reasons for Decision:
The Committee is satisfied that near the 800 metres there has been contact between a leg of HERE COMES MONKEY and the cart of MATAI BRYAN. The result is the tyre has deflated. There is no doubt that Mr Johnston was trailing very close behind Mr Milne and he accepts he had tapped HERE COMES MONKEY up immediately before the incident. There is no evidence of any slackening of the pace as Mr Johnston has alleged. Mr Milne and the stipendiary stewards are adamant that there was not. The Committee agrees.
Mr Allison is correct that a prudent driver when driving a green horse that was over-racing, as Mr Johnston alleges, would have ensured when trailing that he maintained a position that ensured there would be no contact with the horse in front. Mr Johnston is trailing very close to Mr Milne and he has come into contact with his cart. In these circumstances, the Committee is satisfied that Mr Johnston has been careless.
Submissions for Penalty:
Mr Allison stated the respondent’s culpability was at the lower end of the scale. While the horse’s greenness was a factor, in his view it was not over-racing and had in fact been slapped up by Mr Johnston. Mr Johnston only drove relatively infrequently and a fine or suspension at the lower end was appropriate. He submitted that a one day suspension was the appropriate penalty.
Mr Johnston agreed the breach was low end and requested that the Committee impose a suspension rather than a fine. He said he drove only his own horses and often would have 4 racing on the one day.
Reasons for Penalty:
The breach is low end. Mr Johnston was most unwise to trail so closely behind Mr Milne when urging his horse forward. Mr Johnston's record is good although this has to be viewed in the context that he drives quite infrequently. Mr Allison's submission as to penalty is realistic in the circumstances of this case.
Mr Johnston has stated that he was intending to start the 4 horses again at Gore or perhaps Timaru. He agreed as the meetings were close together, it would have only been at one meeting or the other.
JCA Decision Fields (raw)
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hearingid: a5707f2580c0355ff76ddb32d7a9b498
informantnumber: A1750
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: careless driving
plea: denied
penaltyrequired: 1
decisiondate: 03/10/2014
hearing_title: Forbury Park TC 2 October 2014 - R 3
charge:
facts:
Mr Allison, Stipendiary Steward, alleged that Mr D Johnston (HERE COMES MONKEY) drove carelessly in race 3 the RICOH MOBILE PACE when allowing his horse to strike the sulky wheel of MATAI BRYAN (Mr A Milne), which deflated.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison had Mr Davidson, Stipendiary Steward, demonstrate on the videos that as the field approached the back straight near the 800 metre mark HERE COMES MONKEY was in the one out line behind MATAI BRYAN. He alleged contact had been made between a leg of HERE COMES MONKEY and the sulky of MATAI BRYAN. He pointed to Mr Milne looking down at the sulky wheel and a camera shot some metres later that showed the tyre had deflated.
Mr Allison said the respondent’s carelessness was through his trailing Mr Milne too closely. He showed the respondent pressing his horse forward immediately prior to the incident. Mr Allison said in his view there had been no easing of the pace or any animal behaviour that had contributed to the incident. He said MATAI BRYAN had finished ¾ of a length from the winner and had the placings of MATAI BRYAN and HERE COMES MONKEY been reversed, there would have been a protest.
Mr Milne gave evidence that at the 800 metres he was one out and progressing forward. He heard his wheel get struck and he looked down immediately and saw the tyre was deflated. He said he was surprised as he could not see a reason for this happening as he was progressing forward at the time. There was no easing of the pace; he was moving up. He said while the tyre had deflated straight away, fortunately it had stayed on the rim.
Mr Johnston questioned Mr Milne. He asked him had the head of HERE COMES MONKEY hit his helmet. Mr Milne could not recall whether it had. He agreed if it had, Mr Johnston would have been trailing too close.
Mr Johnston alleged that the pace in the race had slackened for some 20 metres immediately prior to the incident and that there had been a chain reaction. When questioned as to this, Mr Milne replied he was definitely progressing forward when his wheel was struck. Mr Johnston asked Mr Milne whether he could see from the videos that HERE COMES MONKEY’s horse’s head was turned and that this was evidence that he was trying to hold the horse behind Mr Milne. Mr Milne replied that Mr Johnston was just too close and that there had been no slackening of the pace at this stage of the race that he could see.
Mr Johnston did not deny that he had hit the wheel of MATAI BRYAN. He said his horse had a history of greenness. He said there had been a slight slackening of the pace for 20 metres and that was why he had hit the wheel of Mr Milne. He acknowledged that he had given HERE COMES MONKEY 2 light slaps immediately before the incident and that he was close up behind MATAI BRYAN. He said that HERE COMES MONKEY had its head turned and his horse had also turned its body and that was why there was contact with the wheel. He emphasised the horse was very green and was inclined to over-race. He said it was the fault of the horse not the driver. He added the horse had last raced in August 2012 when it was on a warning.
Mr Johnston demonstrated on the videos that Mr M Williamson who was 3 back on the outside had had to take hold of his horse almost at the same time Mr Johnston had come into contact with the sulky of MATAI BRYAN. He called Mr Williamson to give evidence. He stated that he took hold of his horse because it was getting a bit close to HERE COMES MONKEY and his horse had galloped as a consequence. It should not have, but it did. The horse was a bit erratic. He agreed that it appeared Mr Johnston was trying to keep his horse straight. He did not notice any dramatic slackening of the pace at the time and he had taken hold of his horse because of its manners and not because of any slackening of pace. It was over-racing and its breaking had nothing to do with the incident in question. He said he could not see from the video that Mr Johnston had taken hold of HERE COMES MONKEY.
In summing up, Mr Allison stated the fact that Mr Johnston knew he was driving a green horse should have made him more cautious when trailing up close behind Mr Milne. He emphasised Mr Johnston had slapped up HERE COMES MONKEY with the reins immediately prior to the incident. The stipendiary stewards were adamant there was no easing of the pace and the incident was the result of Mr Johnston’s carelessness in trailing too close and his allowing the horse to strike the wheel of MATAI BRYAN.
Mr Johnston acknowledged he had been trailing very close behind Mr Milne but reiterated there had been a definite ever so brief slackening of the pace and this was the reason for the contact.
reasonsfordecision:
The Committee is satisfied that near the 800 metres there has been contact between a leg of HERE COMES MONKEY and the cart of MATAI BRYAN. The result is the tyre has deflated. There is no doubt that Mr Johnston was trailing very close behind Mr Milne and he accepts he had tapped HERE COMES MONKEY up immediately before the incident. There is no evidence of any slackening of the pace as Mr Johnston has alleged. Mr Milne and the stipendiary stewards are adamant that there was not. The Committee agrees.
Mr Allison is correct that a prudent driver when driving a green horse that was over-racing, as Mr Johnston alleges, would have ensured when trailing that he maintained a position that ensured there would be no contact with the horse in front. Mr Johnston is trailing very close to Mr Milne and he has come into contact with his cart. In these circumstances, the Committee is satisfied that Mr Johnston has been careless.
Decision:
The charge is proved.
sumissionsforpenalty:
Mr Allison stated the respondent’s culpability was at the lower end of the scale. While the horse’s greenness was a factor, in his view it was not over-racing and had in fact been slapped up by Mr Johnston. Mr Johnston only drove relatively infrequently and a fine or suspension at the lower end was appropriate. He submitted that a one day suspension was the appropriate penalty.
Mr Johnston agreed the breach was low end and requested that the Committee impose a suspension rather than a fine. He said he drove only his own horses and often would have 4 racing on the one day.
reasonsforpenalty:
The breach is low end. Mr Johnston was most unwise to trail so closely behind Mr Milne when urging his horse forward. Mr Johnston's record is good although this has to be viewed in the context that he drives quite infrequently. Mr Allison's submission as to penalty is realistic in the circumstances of this case.
Mr Johnston has stated that he was intending to start the 4 horses again at Gore or perhaps Timaru. He agreed as the meetings were close together, it would have only been at one meeting or the other.
penalty:
Mr Johnston is suspended from driving at the completion of the meeting today up to and including 12 October. This is in effect one day for Mr Johnston.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison, Stipendiary Steward
JockeysandTrainer: Mr D Johnston, driver of HERE COMES MONKEY
Otherperson: Mr A Milne, driver of MATAI BRYAN
PersonPresent:
Respondent:
StipendSteward:
raceid: b3f0ce2367467462850ee6a5cfb0462e
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
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meetid: 760ad6c0f141d3cb58e59914703c791a
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meet_emailed1: 0
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meetdate: 02/10/2014
meet_title: Forbury Park TC - 2 October 2014
meet_expappcomment:
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meet_racingtype: harness-racing
meet_chair: GHall
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name: Forbury Park TC