Franklin TC 25 November 2011 – R 7
ID: JCA16954
Meet Title:
Franklin TC - 25 November 2011
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2011/11/25
Race Number:
R 7
Decision:
The charge against Miss Blakemore is accordingly dismissed.
Charge:
Breach of Rule 869(3)(b)
Facts:
An Information was lodged by Stipendiary Steward, Mr J M Muirhead, alleging that Junior Horsewoman, Miss K Blakemore, drove JONNY ENGLISH carelessly when in the lead, allowing her horse to move out, making contact with the front legs of NOTVERYCHRISTIANLIKE (Driver J Stormont), causing interference to that horse and also to SUIDELIKE MEISIE and SEVEN WISHES. The charge alleged that the interference took place with approximately 350 metres to run.
Miss Blakemore was present at the Hearing, assisted by Mr P Butcher and she advised this Committee that she did not admit the breach.
Rule 869(3)(b) provides:
“No horseman in any race shall drive carelessly.”
The Rule was read to Miss Blakemore and she understood it.
Submissions for Decision:
Mr Muirhead demonstrated the incident by use of the video films. He showed that Miss Blakemore had been leading on JONNY ENGLISH for a large part of the race, and that turning for home, SUIDELIKE MEISIE was behind her with NOTVERYCHRISTIANLIKE on its outside. He showed where Miss Blakemore pulled the earhood just prior to the incident, and he said that JONNY ENGLISH ducked out and caused interference to NOTVERYCHRISTIANLIKE. He said that Miss Blakemore had previously advised that she had pulled the earhood in the back straight, but the films showed this not to be the case.
Miss Blakemore and Mr Butcher did not cross examine Mr Muirhead.
Mr Van Kan said that he was in the Patrol Box at the top of the straight and that he had reported the incident to Mr Muirhead. He said that he had reported that with approximately 350 metres to go, he saw JONNY ENGLISH run out and touch the legs of NOTVERYCHRISTIANLIKE, causing that horse to break. He said that all that he saw was Miss Blakemore’s horse coming out on the point of the turn.
When cross examined by Miss Blakemore and Mr Butcher, he was asked if the trailing horse, SUIDELIKE MEISIE, had run in and he said that what he saw was JONNY ENGLISH running out. Mr Van Kan was also asked if he could confirm that JONNY ENGLISH was not running on the running line throughout the race and if it had just maintained its line. In answer, he said he believed that it had run out in the straight and that’s what caused the interference to Mr Stormont’s horse. He also did not believe that Mr Stormont’s horse was hanging in.
Mr Taumanu gave evidence and said that he watched the incident from five storeys up. He said that from his observation, Miss Blakemore was in the lead and Mr Stormont was racing on her outside, but back a bit. He said that it appeared that Mr Stormont’s horse was not pacing evenly and it then broke, and that it appeared by its action, that it had had its front legs struck. He did say, that from his observation, he could not say if there was any movement from Miss Blakemore, but he believed that this was the cause of Mr Stormont’s horse breaking now that he had seen the films. He believed that Miss Blakemore was at fault.
When cross examined, Mr Taumanu said that he did not believe that Mr Stormont’s horse was hanging in and he also believed that Mr Stormont’s horse tried to stand up.
Mr J Stormont then gave evidence and he confirmed that he was the Driver of NOTVERYCHRISTIANLIKE. He said that he was parked and that prior to the incident, his horse was tired and lugging in a wee bit.
He said that he thought that the horse in front ducked out and then said that it drifted out and he endeavoured to show how much. He said that contact was made with his horse and this caused it to break.
When cross examined, he was asked if he had said that his horse had “dogged up” on the pole. He confirmed that his horse raced with a pole and that he had had some difficulty at the start, but at the time of the incident he said that his horse was racing correctly. He also said that he was racing in tight quarters.
Mr Butcher, in assisting Miss Blakemore, gave his interpretation of the films. He said that the leader dictates the line and that Miss Blakemore was never on the pylons during the race and that she kept her line all the way around the turn. He pointed to SUIDELIKE MEISIE being down on the running line and that this could have given the impression that Miss Blakemore ran out on the turn.
Miss Blakemore said that she kept the same line throughout the race and that she was running off the pylons and she kept the same line into the straight. She said that the racing was tight and that she could feel a horse leaning on her. She confirmed that there was contact but said that she had both hands on the reins and she had not moved out.
When cross examined by Mr Muirhead, she said that she had pulled the earhood a short time prior to the incident and she also said that she kept the same line the whole way round and kept her line on the turn.
In summing up, Mr Muirhead said that the evidence showed that Miss Blakemore had moved out and caused interference to NOTVERYCHRISTIANLIKE and as a result, she had driven carelessly.
Mr Butcher, by way of summary, referred to the evidence that had been presented and to the fact that Miss Blakemore had not ever moved off her running line.
Reasons for Decision:
The Committee has listened to evidence presented and we have watched the films numerous times.
In coming to a decision, the Committee has noted the position of SUIDELIKE MEISIE, in that it was right down on the pylons and in fact ran over one on the turn. Mr Stormont’s horse, by his own admission, was tired and lugging in and it appeared to be tight in on SUIDELIKE MEISIE and that may have been part of the reason why Mr McKendry had that horse right on the pylons. The Committee noted that LIVINGONTHEINTEREST, driven by Mr Herlihy, although outside Mr Stormont’s horse, was not a factor in the incident.
In coming to a decision, the Committee noted the position of JONNY ENGLISH, and it is fair to say that Miss Blakemore kept her line throughout most of the race and in the Committee’s view, did not move off her line in on the turn. The Committee therefore, cannot contribute the incident to any actual or perceived outward movement by Miss Blakemore’s horse.
The Committee is of the view that the incident resulted from the racing manners of NOTVERYCHRISTIANLIKE and that it was lugging in as a result of being tired and contact was made and it broke.
JCA Decision Fields (raw)
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hearingid: b82f059f49c51805d31abbd197d92c2b
informantnumber: 69163
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 04/12/2011
hearing_title: Franklin TC 25 November 2011 - R 7
charge:
Breach of Rule 869(3)(b)
facts:
An Information was lodged by Stipendiary Steward, Mr J M Muirhead, alleging that Junior Horsewoman, Miss K Blakemore, drove JONNY ENGLISH carelessly when in the lead, allowing her horse to move out, making contact with the front legs of NOTVERYCHRISTIANLIKE (Driver J Stormont), causing interference to that horse and also to SUIDELIKE MEISIE and SEVEN WISHES. The charge alleged that the interference took place with approximately 350 metres to run.
Miss Blakemore was present at the Hearing, assisted by Mr P Butcher and she advised this Committee that she did not admit the breach.
Rule 869(3)(b) provides:
“No horseman in any race shall drive carelessly.”
The Rule was read to Miss Blakemore and she understood it.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by use of the video films. He showed that Miss Blakemore had been leading on JONNY ENGLISH for a large part of the race, and that turning for home, SUIDELIKE MEISIE was behind her with NOTVERYCHRISTIANLIKE on its outside. He showed where Miss Blakemore pulled the earhood just prior to the incident, and he said that JONNY ENGLISH ducked out and caused interference to NOTVERYCHRISTIANLIKE. He said that Miss Blakemore had previously advised that she had pulled the earhood in the back straight, but the films showed this not to be the case.
Miss Blakemore and Mr Butcher did not cross examine Mr Muirhead.
Mr Van Kan said that he was in the Patrol Box at the top of the straight and that he had reported the incident to Mr Muirhead. He said that he had reported that with approximately 350 metres to go, he saw JONNY ENGLISH run out and touch the legs of NOTVERYCHRISTIANLIKE, causing that horse to break. He said that all that he saw was Miss Blakemore’s horse coming out on the point of the turn.
When cross examined by Miss Blakemore and Mr Butcher, he was asked if the trailing horse, SUIDELIKE MEISIE, had run in and he said that what he saw was JONNY ENGLISH running out. Mr Van Kan was also asked if he could confirm that JONNY ENGLISH was not running on the running line throughout the race and if it had just maintained its line. In answer, he said he believed that it had run out in the straight and that’s what caused the interference to Mr Stormont’s horse. He also did not believe that Mr Stormont’s horse was hanging in.
Mr Taumanu gave evidence and said that he watched the incident from five storeys up. He said that from his observation, Miss Blakemore was in the lead and Mr Stormont was racing on her outside, but back a bit. He said that it appeared that Mr Stormont’s horse was not pacing evenly and it then broke, and that it appeared by its action, that it had had its front legs struck. He did say, that from his observation, he could not say if there was any movement from Miss Blakemore, but he believed that this was the cause of Mr Stormont’s horse breaking now that he had seen the films. He believed that Miss Blakemore was at fault.
When cross examined, Mr Taumanu said that he did not believe that Mr Stormont’s horse was hanging in and he also believed that Mr Stormont’s horse tried to stand up.
Mr J Stormont then gave evidence and he confirmed that he was the Driver of NOTVERYCHRISTIANLIKE. He said that he was parked and that prior to the incident, his horse was tired and lugging in a wee bit.
He said that he thought that the horse in front ducked out and then said that it drifted out and he endeavoured to show how much. He said that contact was made with his horse and this caused it to break.
When cross examined, he was asked if he had said that his horse had “dogged up” on the pole. He confirmed that his horse raced with a pole and that he had had some difficulty at the start, but at the time of the incident he said that his horse was racing correctly. He also said that he was racing in tight quarters.
Mr Butcher, in assisting Miss Blakemore, gave his interpretation of the films. He said that the leader dictates the line and that Miss Blakemore was never on the pylons during the race and that she kept her line all the way around the turn. He pointed to SUIDELIKE MEISIE being down on the running line and that this could have given the impression that Miss Blakemore ran out on the turn.
Miss Blakemore said that she kept the same line throughout the race and that she was running off the pylons and she kept the same line into the straight. She said that the racing was tight and that she could feel a horse leaning on her. She confirmed that there was contact but said that she had both hands on the reins and she had not moved out.
When cross examined by Mr Muirhead, she said that she had pulled the earhood a short time prior to the incident and she also said that she kept the same line the whole way round and kept her line on the turn.
In summing up, Mr Muirhead said that the evidence showed that Miss Blakemore had moved out and caused interference to NOTVERYCHRISTIANLIKE and as a result, she had driven carelessly.
Mr Butcher, by way of summary, referred to the evidence that had been presented and to the fact that Miss Blakemore had not ever moved off her running line.
reasonsfordecision:
The Committee has listened to evidence presented and we have watched the films numerous times.
In coming to a decision, the Committee has noted the position of SUIDELIKE MEISIE, in that it was right down on the pylons and in fact ran over one on the turn. Mr Stormont’s horse, by his own admission, was tired and lugging in and it appeared to be tight in on SUIDELIKE MEISIE and that may have been part of the reason why Mr McKendry had that horse right on the pylons. The Committee noted that LIVINGONTHEINTEREST, driven by Mr Herlihy, although outside Mr Stormont’s horse, was not a factor in the incident.
In coming to a decision, the Committee noted the position of JONNY ENGLISH, and it is fair to say that Miss Blakemore kept her line throughout most of the race and in the Committee’s view, did not move off her line in on the turn. The Committee therefore, cannot contribute the incident to any actual or perceived outward movement by Miss Blakemore’s horse.
The Committee is of the view that the incident resulted from the racing manners of NOTVERYCHRISTIANLIKE and that it was lugging in as a result of being tired and contact was made and it broke.
Decision:
The charge against Miss Blakemore is accordingly dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J M Muirhead, Stipendiary Steward
JockeysandTrainer:
Otherperson: Mr P Butcher - Licensed Open Horseman, Mr T W Taumanu - Stipendiary Steward, Mr B J Van Kan - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a489c1cc6e6240edc6cf310375965e5f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3802b791c253de2640d2f0e69b0e7c44
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waitingforpublication: 0
meet_emailed1: 0
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meetdate: 25/11/2011
meet_title: Franklin TC - 25 November 2011
meet_expappcomment:
meet_km:
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tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
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name: Franklin TC