Auckland TC 7 October 2016 – R 1 – Chair, Mr A Dooley
ID: JCA17531
Meet Title:
Auckland TC - 7 October 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/10/07
Race Number:
R1
Decision:
The charge of careless driving was dismissed.
Facts:
Following the running of race 1, Private Functions at Alexandra Park Mobile Pace 2200m, an Information was filed pursuant to Rule 869(3)(b). The Informant, Mr Muirhead, alleged that Mr Phelan drove carelessly not allowing sufficient room when crossing to the lead in front of CHEVRONS EASY resulting in the right hand sulky wheel being deflated affecting his own horse's chance.
Mr Phelan acknowledged that he understood the nature of the charge, the Rule and confirmed he denied the breach.
Rule 869(3) (b) provides: No horseman in any race shall drive:- (b) carelessly.
Submissions for Decision:
The following are the salient points of a lengthy hearing.
In response to a question from the Committee, Mr Muirhead confirmed the incident occurred near the 1000 metres. The Information was amended and this fact was accepted by Mr Phelan.
Mr Muirhead advised he viewed the race from the Stewards' stand and the incident occurred directly in front of him. He said at the winning post Mr Phelan started crossing over and he observed the sulky wheel of STEP UP contact the front leg of CHEVRONS EASY. He added that he informed Mr Jones at the time of the incident and noted the tyre came off later in the straight.
Mr Muirhead then showed the video footage of the alleged incident as the field approached the winning post with a lap of the track to run. He said that Mr Phelan had not allowed enough room when he moved across and into the lead. He said the contact was minor and noted that CHEVRONS EASY'S head nodded briefly when it brushed STEP UP’S sulky wheel. He said this resulted in CHEVRONS EASY'S tyre being deflated. He advised that STEP UP was well supported on the tote and the horse put in a big run. He identified that the tube came off the wheel in the home straight and he believed that it would have affected STEP UP’S chances no matter how minor the contact was.
Mr Phelan told the Committee that he thought he was clear of CHEVRONS EASY when crossing to the lead. He freely admitted that CHEVRONS EASY did hit his sulky wheel but contested where the incident occurred. Mr Phelan identified on the films that Mr Lethaby was trying to restrain his horse and Mr Lethaby was happy for him to go to the lead. He added that after the race Mr Lethaby came up to him and said “sorry I couldn’t hold my horse”.
Mr Muirhead asked Mr Phelan to show the Committee where on the video films he was clear of CHEVRONS EASY. Mr Phelan responded by saying virtually right on the winning post. Mr Muirhead said that Mr Phelan needed to be in front and in the running line when crossing over. Mr Phelan said in his view he was not careless.
Mr Phelan called Mr Lethaby as a witness. Mr Lethaby told the Committee that he was restraining his horse to allow Mr Phelan to go past him. He said as soon as STEP UP obtained the lead CHEVRONS EASY got keen and he had to take a firmer hold. Mr Lethaby said that CHEVRONS EASY was a funny sort of horse who throws her head around.
Mr Abernethy the trainer of CHEVRONS EASY acknowledged that his horse's racing manners were not perfect and advised that his horse was pulled up at her last start.
In response to a question from the Committee, Mr Lethaby acknowledged that CHEVRONS EASY did make contact with STEP UP’S sulky wheel and he thought the incident occurred after Mr Phelan had safely crossed him. When tested Mr Lethaby maintained the incident occurred after the winning post.
In response to a question from Mr Muirhead, Mr Lethaby said that he knew he hit a wheel during the race because his horse had got keen and also his horse got its head up. He added that he saw the tyre was deflated.
In summing up Mr Muirhead said that Mr Phelan allowed STEP UP to cross to the lead and in front of CHEVRONS EASY which resulted in that horse making contact with the right hand sulky wheel of STEP UP. He said the incident happened just as the horses were passing the winning post with a round to go and reiterated the contact was minor. He added that Mr Phelan had a duty to ensure the manoeuvre was made without making contact.
In summing up Mr Phelan said he crossed over near the winning post and reiterated that CHEVRONS EASY was keen and noted the horse threw its head up. He used the side on video films to show that at the winning post his helmet was in front of CHEVRONS EASY head. He believed the contact happened a stride after that point and pointed out that his tyre was not deflated at the winning post. Mr Phelan concluded by saying he was happy that he had safely crossed CHEVRONS EASY before the contact happened.
Reasons for Decision:
The Committee carefully considered all the evidence and submissions as presented. It was accepted by all parties that STEP UP’S right hand sulky wheel became deflated shortly after the 1000 metres but the circumstances which led to this happening were disputed. Having reviewed the video films at slow speed many times we established that at the 1100 metres STEP UP was improving to race outside the leader CHEVRONS EASY. It was clear that Mr Phelan was going to the lead and Mr Lethaby had a firm hold of his horse to allow this to happen. It was evident that Mr Phelan shook the reins at STEP UP when going for the lead and he looked to his inside before crossing Mr Lethaby’s horse. We believe this manoeuvre was conducted in a gradual and acceptable manner.
We note that 2 strides before the winning post CHEVRONS EASY head did go in the air briefly and significantly at that point there was no video evidence to support that any contact had occurred. We accept the films do support Mr Phelan’s view that his helmet was in front of CHEVRONS EASY at the winning post when virtually completing his manoeuvre to the lead.
On the basis of the available video footage that we viewed and having heard from Mr Muirhead, Mr Phelan and Mr Lethaby, the Committee was not satisfied that it had been shown, to the required standard of the balance of probabilities that Mr Phelan had driven carelessly.
JCA Decision Fields (raw)
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hearingid: ee384fedc7d3b621dd06cae38b489143
informantnumber: A7968
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 0
decisiondate: 10/10/2016
hearing_title: Auckland TC 7 October 2016 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Private Functions at Alexandra Park Mobile Pace 2200m, an Information was filed pursuant to Rule 869(3)(b). The Informant, Mr Muirhead, alleged that Mr Phelan drove carelessly not allowing sufficient room when crossing to the lead in front of CHEVRONS EASY resulting in the right hand sulky wheel being deflated affecting his own horse's chance.
Mr Phelan acknowledged that he understood the nature of the charge, the Rule and confirmed he denied the breach.
Rule 869(3) (b) provides: No horseman in any race shall drive:- (b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
The following are the salient points of a lengthy hearing.
In response to a question from the Committee, Mr Muirhead confirmed the incident occurred near the 1000 metres. The Information was amended and this fact was accepted by Mr Phelan.
Mr Muirhead advised he viewed the race from the Stewards' stand and the incident occurred directly in front of him. He said at the winning post Mr Phelan started crossing over and he observed the sulky wheel of STEP UP contact the front leg of CHEVRONS EASY. He added that he informed Mr Jones at the time of the incident and noted the tyre came off later in the straight.
Mr Muirhead then showed the video footage of the alleged incident as the field approached the winning post with a lap of the track to run. He said that Mr Phelan had not allowed enough room when he moved across and into the lead. He said the contact was minor and noted that CHEVRONS EASY'S head nodded briefly when it brushed STEP UP’S sulky wheel. He said this resulted in CHEVRONS EASY'S tyre being deflated. He advised that STEP UP was well supported on the tote and the horse put in a big run. He identified that the tube came off the wheel in the home straight and he believed that it would have affected STEP UP’S chances no matter how minor the contact was.
Mr Phelan told the Committee that he thought he was clear of CHEVRONS EASY when crossing to the lead. He freely admitted that CHEVRONS EASY did hit his sulky wheel but contested where the incident occurred. Mr Phelan identified on the films that Mr Lethaby was trying to restrain his horse and Mr Lethaby was happy for him to go to the lead. He added that after the race Mr Lethaby came up to him and said “sorry I couldn’t hold my horse”.
Mr Muirhead asked Mr Phelan to show the Committee where on the video films he was clear of CHEVRONS EASY. Mr Phelan responded by saying virtually right on the winning post. Mr Muirhead said that Mr Phelan needed to be in front and in the running line when crossing over. Mr Phelan said in his view he was not careless.
Mr Phelan called Mr Lethaby as a witness. Mr Lethaby told the Committee that he was restraining his horse to allow Mr Phelan to go past him. He said as soon as STEP UP obtained the lead CHEVRONS EASY got keen and he had to take a firmer hold. Mr Lethaby said that CHEVRONS EASY was a funny sort of horse who throws her head around.
Mr Abernethy the trainer of CHEVRONS EASY acknowledged that his horse's racing manners were not perfect and advised that his horse was pulled up at her last start.
In response to a question from the Committee, Mr Lethaby acknowledged that CHEVRONS EASY did make contact with STEP UP’S sulky wheel and he thought the incident occurred after Mr Phelan had safely crossed him. When tested Mr Lethaby maintained the incident occurred after the winning post.
In response to a question from Mr Muirhead, Mr Lethaby said that he knew he hit a wheel during the race because his horse had got keen and also his horse got its head up. He added that he saw the tyre was deflated.
In summing up Mr Muirhead said that Mr Phelan allowed STEP UP to cross to the lead and in front of CHEVRONS EASY which resulted in that horse making contact with the right hand sulky wheel of STEP UP. He said the incident happened just as the horses were passing the winning post with a round to go and reiterated the contact was minor. He added that Mr Phelan had a duty to ensure the manoeuvre was made without making contact.
In summing up Mr Phelan said he crossed over near the winning post and reiterated that CHEVRONS EASY was keen and noted the horse threw its head up. He used the side on video films to show that at the winning post his helmet was in front of CHEVRONS EASY head. He believed the contact happened a stride after that point and pointed out that his tyre was not deflated at the winning post. Mr Phelan concluded by saying he was happy that he had safely crossed CHEVRONS EASY before the contact happened.
reasonsfordecision:
The Committee carefully considered all the evidence and submissions as presented. It was accepted by all parties that STEP UP’S right hand sulky wheel became deflated shortly after the 1000 metres but the circumstances which led to this happening were disputed. Having reviewed the video films at slow speed many times we established that at the 1100 metres STEP UP was improving to race outside the leader CHEVRONS EASY. It was clear that Mr Phelan was going to the lead and Mr Lethaby had a firm hold of his horse to allow this to happen. It was evident that Mr Phelan shook the reins at STEP UP when going for the lead and he looked to his inside before crossing Mr Lethaby’s horse. We believe this manoeuvre was conducted in a gradual and acceptable manner.
We note that 2 strides before the winning post CHEVRONS EASY head did go in the air briefly and significantly at that point there was no video evidence to support that any contact had occurred. We accept the films do support Mr Phelan’s view that his helmet was in front of CHEVRONS EASY at the winning post when virtually completing his manoeuvre to the lead.
On the basis of the available video footage that we viewed and having heard from Mr Muirhead, Mr Phelan and Mr Lethaby, the Committee was not satisfied that it had been shown, to the required standard of the balance of probabilities that Mr Phelan had driven carelessly.
Decision:
The charge of careless driving was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr S Phelan - Open Horseman
Otherperson: Mr T Lethaby - Junior Driver of CHEVRONS EASY, Mr J Abernethy - Open Horseman assisting Mr Lethaby, Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c347d202d3d448e3c790fafc94dda37e
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: 7453c8abdbb339e272724ab529700148
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/10/2016
meet_title: Auckland TC - 7 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC