Oamaru HRC 8 January 2015 – R 11
ID: JCA16835
Meet Title:
Oamaru HRC - 8 January 2015
Meet Chair:
GHall
Meet Committee Member 1:
DJackson
Race Date:
2015/01/08
Race Number:
R 11
Decision:
The charge of careless driving is proved.
Penalty:
Having regard to the nature of the breach, Mr Kay’s very good record, the impact of which is greatly lessened by the small number of drives he has had these past 2 seasons, and that he drives only one horse, we believe a penalty of 7 days’ suspension is appropriate.
Mr Kay is suspended from the end of racing today up to and including 6 February. This is 7 Canterbury and Otago days. It will permit him to drive GARBO at Waikouaiti on 8 February, which he may view as an appropriate substitute meeting for the mare’s final race.
Facts:
At the conclusion of Race 11, the MORRISONS SADDLERY MOBILE PACE, an Information was laid by Mr Renault alleging that Mr P Kay drove carelessly passing the 1800 metres when shifting inwards when not clear checking WHO KNOWS (Mr J Cox) which lost all chance.
Submissions for Decision:
Mr Renault demonstrated that shortly after the start Mr Cox had to restrain his horse, which broke and galloped out of the race. He said Mr Cox was following Mr Orange (GIVETHE JOBTOBARNSY), who was 3 wide, and that Mr Kay who was 4 wide had endeavoured to move onto Mr Orange’s back and in so doing had crowded WHO KNOWS.
Mr Cox gave evidence that shortly after coming out of the gate he was 3 wide and he had eased his horse back to follow Mr Orange when Mr Kay, who was 4 wide, tried to get on to Mr Orange’s back as well. He said he was racing in restricted quarters and was yelling to Mr Kay to give him room. He said there was no contact but his horse galloped. When questioned he said there was no pressure from his inside, only his outside from Mr Kay.
Mr Kay said he heard yelling but was unsure whom it was from. He submitted that he had simply maintained his line when he had followed Mr Orange. He said he had only moved down on the track after Mr Cox had galloped. He believed Mr Cox’s horse was “taking light steps” and had galloped for no reason.
Mr Kay believed GIVETHEJOBTOBARNSY, driven by Mr J Versteeg, who was to his inside, was half-carting and this contributed to the incident.
Mr Renault stated that Mr Versteeg had only shifted in after Mr Cox yelled in order to give Mr Cox some room. He said Mr Versteeg had never moved down to the markers.
Reasons for Decision:
The Committee is satisfied that shortly after the start and when racing towards the rear of the field Mr Kay has moved from a 4 wide position to a 3 wide position and in so doing has shifted into the running line of Mr Cox. Mr Cox has been placed in restricted room and his horse has galloped as a consequence. We accept Mr Renault’s submission that Mr Cox should never have been required to take hold of his horse and had Mr Kay maintained his 4 wide line there would have been no need for him to do so. We are satisfied that Mr Versteeg was 2 wide at the relevant time and that there was not room for Mr Kay to shift onto Mr Orange’s back. The pressure on Mr Cox was from Mr Kay, as Mr Cox has clearly stated in his evidence.
Submissions for Penalty:
Mr Renault produced Mr Kay’s record, which evidenced 288 life-time drives. Mr Kay has had 3 drives this season and 3 drives last season. He has not been charged in that time.
Mr Renault described the breach as mid-range in that the chances of WHO KNOWS were extinguished because of the interference. He submitted 4 weeks’ suspension was appropriate.
Mr Kay submitted a suspension at the lower end of the range was appropriate. He said he planned to give the horse her final race at the Banks Peninsula meeting on 22 January and asked that the suspension conclude before then.
Reasons for Penalty:
We concur with Mr Renault’s submission that the breach is mid-range. Mr Kay has continued to move inwards despite him hearing yelling and has caused Mr Cox to run out of room. Mr Cox’s drive, WHO KNOWS, lost all chance in the race.
The Penalty Guide recommends an 8 drive starting point for a breach of careless driving.
Imposition of penalty is complicated by the fact that Mr Kay drives so infrequently and he has said that GARBO is the only horse he drives.
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: a7e47a9d666f0ce958f5f1b300fa60bf
informantnumber: A4413
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 29/12/2014
hearing_title: Oamaru HRC 8 January 2015 - R 11
charge:
facts:
At the conclusion of Race 11, the MORRISONS SADDLERY MOBILE PACE, an Information was laid by Mr Renault alleging that Mr P Kay drove carelessly passing the 1800 metres when shifting inwards when not clear checking WHO KNOWS (Mr J Cox) which lost all chance.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated that shortly after the start Mr Cox had to restrain his horse, which broke and galloped out of the race. He said Mr Cox was following Mr Orange (GIVETHE JOBTOBARNSY), who was 3 wide, and that Mr Kay who was 4 wide had endeavoured to move onto Mr Orange’s back and in so doing had crowded WHO KNOWS.
Mr Cox gave evidence that shortly after coming out of the gate he was 3 wide and he had eased his horse back to follow Mr Orange when Mr Kay, who was 4 wide, tried to get on to Mr Orange’s back as well. He said he was racing in restricted quarters and was yelling to Mr Kay to give him room. He said there was no contact but his horse galloped. When questioned he said there was no pressure from his inside, only his outside from Mr Kay.
Mr Kay said he heard yelling but was unsure whom it was from. He submitted that he had simply maintained his line when he had followed Mr Orange. He said he had only moved down on the track after Mr Cox had galloped. He believed Mr Cox’s horse was “taking light steps” and had galloped for no reason.
Mr Kay believed GIVETHEJOBTOBARNSY, driven by Mr J Versteeg, who was to his inside, was half-carting and this contributed to the incident.
Mr Renault stated that Mr Versteeg had only shifted in after Mr Cox yelled in order to give Mr Cox some room. He said Mr Versteeg had never moved down to the markers.
reasonsfordecision:
The Committee is satisfied that shortly after the start and when racing towards the rear of the field Mr Kay has moved from a 4 wide position to a 3 wide position and in so doing has shifted into the running line of Mr Cox. Mr Cox has been placed in restricted room and his horse has galloped as a consequence. We accept Mr Renault’s submission that Mr Cox should never have been required to take hold of his horse and had Mr Kay maintained his 4 wide line there would have been no need for him to do so. We are satisfied that Mr Versteeg was 2 wide at the relevant time and that there was not room for Mr Kay to shift onto Mr Orange’s back. The pressure on Mr Cox was from Mr Kay, as Mr Cox has clearly stated in his evidence.
Decision:
The charge of careless driving is proved.
sumissionsforpenalty:
Mr Renault produced Mr Kay’s record, which evidenced 288 life-time drives. Mr Kay has had 3 drives this season and 3 drives last season. He has not been charged in that time.
Mr Renault described the breach as mid-range in that the chances of WHO KNOWS were extinguished because of the interference. He submitted 4 weeks’ suspension was appropriate.
Mr Kay submitted a suspension at the lower end of the range was appropriate. He said he planned to give the horse her final race at the Banks Peninsula meeting on 22 January and asked that the suspension conclude before then.
reasonsforpenalty:
We concur with Mr Renault’s submission that the breach is mid-range. Mr Kay has continued to move inwards despite him hearing yelling and has caused Mr Cox to run out of room. Mr Cox’s drive, WHO KNOWS, lost all chance in the race.
The Penalty Guide recommends an 8 drive starting point for a breach of careless driving.
Imposition of penalty is complicated by the fact that Mr Kay drives so infrequently and he has said that GARBO is the only horse he drives.
penalty:
Having regard to the nature of the breach, Mr Kay’s very good record, the impact of which is greatly lessened by the small number of drives he has had these past 2 seasons, and that he drives only one horse, we believe a penalty of 7 days’ suspension is appropriate.
Mr Kay is suspended from the end of racing today up to and including 6 February. This is 7 Canterbury and Otago days. It will permit him to drive GARBO at Waikouaiti on 8 February, which he may view as an appropriate substitute meeting for the mare’s final race.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr P Kay - Driver of GARBO
Otherperson: Mr J Cox - Driver of WHO KNOWS
PersonPresent:
Respondent:
StipendSteward:
raceid: 776c268612cd4839c068c663ebc0fe7a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 20a447454fdf3d06ba7e623dbeae58c5
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/01/2015
meet_title: Oamaru HRC - 8 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DJackson
meet_pm2: none
name: Oamaru HRC