Gore HRC 10 October 2015 – R 1 – Chair, Prof G Hall
ID: JCA17481
Meet Title:
Gore HRC - 10 October 2015
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2015/10/10
Race Number:
R1
Decision:
We are satisfied in permitting EYRE’S A RAG DOLL to move downwards on the track and to come into contact with DENN NEE NOSE BEST, Mr McEwan has driven carelessly.
Penalty:
Mr McEwan is suspended from driving from the end of the meeting today up to and including 1 November.
Facts:
Mr Renault demonstrated on 2 video angles that EYRE’S A RAG DOLL had shifted inwards on the track at the 1000 metres and there had been contact with DENN NEE NOSE BEST. DENN NEE NOSE BEST had galloped as a consequence.
Submissions for Decision:
Mr Renault submitted that Mr McEwan had been careless in allowing EYRE’S A RAG DOLL to shift in, hence the charge. He pointed out there was no horse to the outside of EYRE’S A RAG DOLL and therefore the respondent could have kept his horse off DENN NEE NOSE BEST.
Mr Swain gave evidence that Mr McEwan had progressed to his outside and as the field left the home straight for the final time, EYRE’S A RAG DOLL moved down on the track and the stay of the wheel of Mr McEwan’s cart came into contact with the off-foreleg of DENN NEE NOSE BEST and that horse galloped, losing all chance in the race. He said he had shouted some unsavoury words to the respondent, but when questioned by this Committee, he acknowledged this was after rather than before contact was made with DENN NEE NOSE BEST. He emphasised that there was a horse to his inside, so when the respondent shifted in, there was nowhere for him to go.
Mr McEwan stated he had only shifted in a miniscule amount and how could that be careless. He acknowledged he had come into contact with Mr Swain as they entered the bend but stated he was doing his best to keep EYRE’S A RAG DOLL off DENN NEE NOSE BEST, and he was concerned if he took a tighter hold of EYRE’S A RAG DOLL, she would break.
Reasons for Decision:
It is clear from the oral evidence and the two video angles that at the winning post with a lap to run Mr McEwan was improving 3 wide and Mr Swain was in the 2 wide line. As Mr McEwan neared the bend, his horse shifted in slightly and there was contact between the stay of the wheel of EYRE’S A RAG DOLL and the front off-side leg of DENN NEE NOSE BEST. That horse galloped and lost its chance in the race.
Mr Swain says he yelled to Mr McEwan but he clarified that this was after there had been contact, not before. Mr Swain’s evidence is clear, however, that the reason DENN NEE NOSE BEST broke was that he ran out of room as EYRE’S A RAG DOLL shifted in, as there was a horse to his inner, and he had nowhere to go.
Mr McEwan has emphasised that EYRE’S A RAG DOLL was having only its eighth raceday start and was racing greenly. His movement downwards on the track, he has said, was only miniscule and there was “only inches in it”. He has accepted there was contact with Mr Swain.
Mr Swain was entitled to his racing room and the reason his horse broke was the downwards movement of EYRE’S A RAG DOLL. We accept Mr McEwan believed had he taken a stronger hold of EYRE’S A RAG DOLL she might herself have gone off stride and he was doing his best to look after her and those persons who had invested on the horse. Unfortunately, in permitting EYRE’S A RAG DOLL to shift in slightly there was contact with DENN NEE NOSE BEST and that horse lost its chance in the race. The interests of those people that invested in that horse were obviously adversely affected.
Submissions for Penalty:
Mr Renault said in the last calendar year Mr McEwan had had 20 drives and 12 this year. His record was clear over this time. He accepted Mr McEwan could be regarded as having on average one or two drives per meeting.
Mr McEwan stated he had 4 horses in work and drove only his own horses. His record had been clear for a number of years. He stated that he was not in a position to pay a substantial fine. He agreed he was not intending to take his horses north of Forbury Park.
Reasons for Penalty:
The breach is mid range. Mr McEwan has caused another runner to lose its chance in the race. That said, the inwards movement of EYRE’S A RAG DOLL was slight and we accept the horse was racing a little greenly.
Mr McEwan has a very good record. When regard is had to these factors and the frequency with which Mr McEwan drives, we believe a suspension encompassing three Otago/ Southland days is the appropriate penalty.
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: e924b202916be11c05e860b185a56776
informantnumber: 3620
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: careless driving
plea: denied
penaltyrequired: 1
decisiondate: 15/10/2015
hearing_title: Gore HRC 10 October 2015 - R 1 - Chair, Prof G Hall
charge:
facts:
Mr Renault demonstrated on 2 video angles that EYRE’S A RAG DOLL had shifted inwards on the track at the 1000 metres and there had been contact with DENN NEE NOSE BEST. DENN NEE NOSE BEST had galloped as a consequence.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault submitted that Mr McEwan had been careless in allowing EYRE’S A RAG DOLL to shift in, hence the charge. He pointed out there was no horse to the outside of EYRE’S A RAG DOLL and therefore the respondent could have kept his horse off DENN NEE NOSE BEST.
Mr Swain gave evidence that Mr McEwan had progressed to his outside and as the field left the home straight for the final time, EYRE’S A RAG DOLL moved down on the track and the stay of the wheel of Mr McEwan’s cart came into contact with the off-foreleg of DENN NEE NOSE BEST and that horse galloped, losing all chance in the race. He said he had shouted some unsavoury words to the respondent, but when questioned by this Committee, he acknowledged this was after rather than before contact was made with DENN NEE NOSE BEST. He emphasised that there was a horse to his inside, so when the respondent shifted in, there was nowhere for him to go.
Mr McEwan stated he had only shifted in a miniscule amount and how could that be careless. He acknowledged he had come into contact with Mr Swain as they entered the bend but stated he was doing his best to keep EYRE’S A RAG DOLL off DENN NEE NOSE BEST, and he was concerned if he took a tighter hold of EYRE’S A RAG DOLL, she would break.
reasonsfordecision:
It is clear from the oral evidence and the two video angles that at the winning post with a lap to run Mr McEwan was improving 3 wide and Mr Swain was in the 2 wide line. As Mr McEwan neared the bend, his horse shifted in slightly and there was contact between the stay of the wheel of EYRE’S A RAG DOLL and the front off-side leg of DENN NEE NOSE BEST. That horse galloped and lost its chance in the race.
Mr Swain says he yelled to Mr McEwan but he clarified that this was after there had been contact, not before. Mr Swain’s evidence is clear, however, that the reason DENN NEE NOSE BEST broke was that he ran out of room as EYRE’S A RAG DOLL shifted in, as there was a horse to his inner, and he had nowhere to go.
Mr McEwan has emphasised that EYRE’S A RAG DOLL was having only its eighth raceday start and was racing greenly. His movement downwards on the track, he has said, was only miniscule and there was “only inches in it”. He has accepted there was contact with Mr Swain.
Mr Swain was entitled to his racing room and the reason his horse broke was the downwards movement of EYRE’S A RAG DOLL. We accept Mr McEwan believed had he taken a stronger hold of EYRE’S A RAG DOLL she might herself have gone off stride and he was doing his best to look after her and those persons who had invested on the horse. Unfortunately, in permitting EYRE’S A RAG DOLL to shift in slightly there was contact with DENN NEE NOSE BEST and that horse lost its chance in the race. The interests of those people that invested in that horse were obviously adversely affected.
Decision:
We are satisfied in permitting EYRE’S A RAG DOLL to move downwards on the track and to come into contact with DENN NEE NOSE BEST, Mr McEwan has driven carelessly.
sumissionsforpenalty:
Mr Renault said in the last calendar year Mr McEwan had had 20 drives and 12 this year. His record was clear over this time. He accepted Mr McEwan could be regarded as having on average one or two drives per meeting.
Mr McEwan stated he had 4 horses in work and drove only his own horses. His record had been clear for a number of years. He stated that he was not in a position to pay a substantial fine. He agreed he was not intending to take his horses north of Forbury Park.
reasonsforpenalty:
The breach is mid range. Mr McEwan has caused another runner to lose its chance in the race. That said, the inwards movement of EYRE’S A RAG DOLL was slight and we accept the horse was racing a little greenly.
Mr McEwan has a very good record. When regard is had to these factors and the frequency with which Mr McEwan drives, we believe a suspension encompassing three Otago/ Southland days is the appropriate penalty.
penalty:
Mr McEwan is suspended from driving from the end of the meeting today up to and including 1 November.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault, Stipendiary Steward
JockeysandTrainer: Mr McEwan, licensed driver of EYRE’S A RAG DOLL
Otherperson: Mr E Swain, licensed driver of DENN NEE NOSE BEST
PersonPresent:
Respondent:
StipendSteward:
raceid: 01c9617d563906c90c34b9229effbb15
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: 8d20e922599374d654869faee314bd9a
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/10/2015
meet_title: Gore HRC - 10 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Gore HRC