Winton HRC 14 April 2013 – R 3
ID: JCA17327
Meet Title:
Winton HRC - 14 April 2013
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2013/04/14
Race Number:
R1
Decision:
As Mr Milne admitted the breach, we find the breach proved.
Penalty:
Mr Milne is fined the sum of $200 and reminded of his professional obligations.
Charge:
At the conclusion of Race 3 an information was lodged by Mr Renault under r 869(3)(b) alleging that Mr Milne, MATAI BRYAN, drove carelessly when allowing his horse to strike the wheel of LUCKY GETAWAY causing MATAI BRYAN to break briefly.
Rule 869(3)(b) states: “No horseman in any race shall drive carelessly.”
Facts:
Mr Renault demonstrated on the videos that with just over a lap to run MATAI BRYAN was racing in 2nd last position some 3 lengths off the back of the field. He stated that Mr Milne’s horse appeared to pick up the bit when Mr Walkinshaw’s horse, which had been last, progressed on its outer. The consequence was that MATAI BRYAN ran into the back of LUCKY GETAWAY and broke briefly, before settling at the rear of the field. Mr Renault stated the respondent’s carelessness lay in his failing to restrain his horse earlier.
Mr Milne stated that his horse was not keeping up and was “not giving him a good feel”. However, when a horse came up alongside MATAI BRYAN his attitude changed abruptly and he grabbed hold of the bit. Mr Milne said he had failed to react quickly enough when this occurred and that was why he admitted the breach.
When questioned by this committee, Mr Milne stated that MATAI BRYAN had had 3 starts at Christmas time and he had had no concerns about the horse’s manners at that time, although it had not run up to his expectations.
Submissions for Penalty:
Mr Renault produced the respondent’s record, which showed over 5,000 life-time drives; 184 last season and 100 this season. He said Mr Milne had a very good record and had had no breaches of the Rules in the previous 12 months. He described the breach as at the lower end of the scale and submitted that the fine should reflect this.
Mr Milne accepted Mr Renault’s submission as to penalty but emphasised he did what he could at the time but still struck the cart of the other horse.
Reasons for Penalty:
We agree with Mr Renault’s description of the breach as being low end. The consequences of MATAI BRYAN hitting the wheel of LUCKY GETAWAY were that the horse lost some 5 lengths. LUCKY GETAWAY chances were not affected. From a starting point of $400, as recommended in the Penalty Guide, we deduct $200 for the respondent’s good record and admission of the breach.
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: f8cb62777f824d27996e54bd85bc29e6
informantnumber: A2415
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/04/2013
hearing_title: Winton HRC 14 April 2013 - R 3
charge:
At the conclusion of Race 3 an information was lodged by Mr Renault under r 869(3)(b) alleging that Mr Milne, MATAI BRYAN, drove carelessly when allowing his horse to strike the wheel of LUCKY GETAWAY causing MATAI BRYAN to break briefly.
Rule 869(3)(b) states: “No horseman in any race shall drive carelessly.”
facts:
Mr Renault demonstrated on the videos that with just over a lap to run MATAI BRYAN was racing in 2nd last position some 3 lengths off the back of the field. He stated that Mr Milne’s horse appeared to pick up the bit when Mr Walkinshaw’s horse, which had been last, progressed on its outer. The consequence was that MATAI BRYAN ran into the back of LUCKY GETAWAY and broke briefly, before settling at the rear of the field. Mr Renault stated the respondent’s carelessness lay in his failing to restrain his horse earlier.
Mr Milne stated that his horse was not keeping up and was “not giving him a good feel”. However, when a horse came up alongside MATAI BRYAN his attitude changed abruptly and he grabbed hold of the bit. Mr Milne said he had failed to react quickly enough when this occurred and that was why he admitted the breach.
When questioned by this committee, Mr Milne stated that MATAI BRYAN had had 3 starts at Christmas time and he had had no concerns about the horse’s manners at that time, although it had not run up to his expectations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Milne admitted the breach, we find the breach proved.
sumissionsforpenalty:
Mr Renault produced the respondent’s record, which showed over 5,000 life-time drives; 184 last season and 100 this season. He said Mr Milne had a very good record and had had no breaches of the Rules in the previous 12 months. He described the breach as at the lower end of the scale and submitted that the fine should reflect this.
Mr Milne accepted Mr Renault’s submission as to penalty but emphasised he did what he could at the time but still struck the cart of the other horse.
reasonsforpenalty:
We agree with Mr Renault’s description of the breach as being low end. The consequences of MATAI BRYAN hitting the wheel of LUCKY GETAWAY were that the horse lost some 5 lengths. LUCKY GETAWAY chances were not affected. From a starting point of $400, as recommended in the Penalty Guide, we deduct $200 for the respondent’s good record and admission of the breach.
penalty:
Mr Milne is fined the sum of $200 and reminded of his professional obligations.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr A Milne - Driver of MATAI BRYAN
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cc3cd5ed7dc3697ad2f2c4bf41826a98
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ddc77433dca18e5834281befc8327a78
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/04/2013
meet_title: Winton HRC - 14 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Winton HRC