Methven TC 3 December 2017 – R 3 – Chair, Mr R McKenzie
ID: JCA17802
Meet Title:
Methven TC - 3 December 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/12/03
Race Number:
R3
Decision:
The charge was found proved.
Penalty:
Mr Payne’s application for a deferment of suspension is granted.
Mr Payne’s Open Driver’s licence is suspended for a period commencing from after the conclusion of racing on 10 December 2017 up to and including 22 December 2017 – 3 days. The meetings intended to be encompassed by the period of the suspension are Addington on 16 December, Rangiora on 17 December and Addington on 22 December.
Facts:
Following the running of Race 3, Ray Mayne Hose & Fittings Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr R A Payne, alleging a breach of Rule 869 (4) and the Passing Lanes, False Rails and Home Straight Regulations, in that as the driver of AWAYOVERNIGHT in the Race, he “did not make a sufficient effort to prevent [his] runner from shifting outwards causing interference to SOUNDS BETTOR (L F O’Reilly).
Mr Payne was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
The Passing Lanes, False Rails and Home Straight Regulations provide:
7. Except where a horseman is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Submissions for Decision:
Mr Wallis pointed out Mr Payne driving AWAYOVERNIGHT improve outwards from 3-back on the markers to make a run as the field entered the home straight and then shifting up the track a considerable distance. Stewards were alleging that Mr Payne had not made a sufficient effort to prevent his horse from running up the track which, as determined by the Committee at the earlier protest hearing, had resulted in interference to another runner resulting in Mr Payne’s horse being relegated from 3rd to 4th.
Mr Payne could be seen to be urging his horse forward to the finishing line and at no time was it evident from the video replays that Mr Payne ceased those urgings to take any corrective action as his horse continued to run up the track, Mr Wallis alleged. Mr Wallis pointed out that those urgings had been solely with the rein as Mr Payne had lost his whip during the running. He estimated that the horse had moved out some four sulky widths over the final 200 metres.
Mr Payne told the Committee that his horse had hung out for the entire race. He used the video replays to demonstrate this. That was the reason that he pulled out wide at the home turn rather than await the passing lane as he normally would do. He denied that he had taken no actions to prevent it running out and he asserted that he had “jerked” on the right rein to get the horse to drop the bit and slapping with the right rein to “urge” him to the left. The horse would not drop the bit, he submitted. He had done everything he could.
Mr Wallis agreed that the horse had given Mr Payne some difficulty during the running. Some slaps with the reins had been with both hands but the majority were with the right rein, he said. There was no evidence that the horse was hanging outwards in the run home other than Mr Payne asserting that this was the case.
Reasons for Decision:
Mr Payne is charged that in Race 3, as the driver of AWAYOVERNIGHT, he failed to make a sufficient effort to prevent his horse shifting outwards and causing interference to SOUNDS BETTOR (L F O’Reilly) and, therefore driving in a manner causing or likely to cause interference.
The Passing Lanes, False Rails and Home Straight Regulations require that every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
It is clear, in this case, that AWAYOVERNIGHT did not do so. Mr Wallis submitted that, from entering the home straight, it has shifted out four sulky widths to the finishing line. This is possibly a conservative estimate in the Committee’s view. The videos speak clearly to the fact that it did not maintain a straight course.
The Committee has earlier determined that the continued outwards movement of AWAYOVERNIGHT caused interference to another runner of a sufficient degree to warrant it being relegated behind that runner.
Mr Payne’s defence to the charge was based on his submission that the horse had hung throughout the entire race and that, effectively, he was unable to stop it doing so in the final straight despite, he submitted, his efforts.
It was our observation that while AWAYOVERNIGHT was clearly running out and causing Mr Payne some difficulty, Mr Payne clearly did not make a sufficient effort to keep it from doing so. He continued to drive the horse out with his reins, having lost his whip, for almost the entire length of the straight. We have to say that any attempts by Mr Payne to keep the horse straight, as he was obliged to do, were barely discernible and, we are satisfied, any attempt was not to the extent that was required of him.
Submissions for Penalty:
Mr Wallis said that Mr Payne generally drives for his brother, Mr Grant Payne. Last season he competed in 32 races and prior to today has driven in 8 races. In the 2015/2016 season he had a total of 51 drives. His record under the Rule is clear.
Mr Wallis referred to the Penalty Guide starting point for a breach of Rule 869 (4) which does not make provision for a breach involving relegation. He then referred to the Penalty Guide provisions regarding a breach of Rule 869 (3) (b) (careless driving) which provides a starting point for a breach causing a relegation of a 3 days suspension. Mr Wallis submitted that that starting point should be adopted in this case and Stewards were submitting that a suspension for 3 days was appropriate.
Mr Payne was asked whether he wished to seek a deferment of any suspension. Mr Payne submitted that 3 days was “way too harsh”. After a discussion of the meetings involved, Mr Payne, advised the Committee that he did seek a deferment until after racing at Akaroa TC on 10 December next.
Reasons for Penalty:
The Committee noted that the Penalty Guide starting point for a breach of Rule 869 (4) of causing interference to a driver’s own or another horse is 8 drives or a $400 fine. Mr Payne is entitled to a discount from that starting point for his good record and we fix that discount at 2 drives or $100. We believe that a period of suspension is appropriate having regard to the fact that Mr Payne’s breach resulted in a relegation. We had no evidence before us as to the number of drives that Mr Payne would be likely to have at upcoming meetings but we have assessed this at two per meeting. Accordingly, the penalty is to be a 3 days’ (6 drives) suspension.
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: ef137fa38043a59249ec8b7014277834
informantnumber: A10202
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving Causing Interference
plea: denied
penaltyrequired: 1
decisiondate: 05/12/2017
hearing_title: Methven TC 3 December 2017 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Ray Mayne Hose & Fittings Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr R A Payne, alleging a breach of Rule 869 (4) and the Passing Lanes, False Rails and Home Straight Regulations, in that as the driver of AWAYOVERNIGHT in the Race, he “did not make a sufficient effort to prevent [his] runner from shifting outwards causing interference to SOUNDS BETTOR (L F O’Reilly).
Mr Payne was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
The Passing Lanes, False Rails and Home Straight Regulations provide:
7. Except where a horseman is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis pointed out Mr Payne driving AWAYOVERNIGHT improve outwards from 3-back on the markers to make a run as the field entered the home straight and then shifting up the track a considerable distance. Stewards were alleging that Mr Payne had not made a sufficient effort to prevent his horse from running up the track which, as determined by the Committee at the earlier protest hearing, had resulted in interference to another runner resulting in Mr Payne’s horse being relegated from 3rd to 4th.
Mr Payne could be seen to be urging his horse forward to the finishing line and at no time was it evident from the video replays that Mr Payne ceased those urgings to take any corrective action as his horse continued to run up the track, Mr Wallis alleged. Mr Wallis pointed out that those urgings had been solely with the rein as Mr Payne had lost his whip during the running. He estimated that the horse had moved out some four sulky widths over the final 200 metres.
Mr Payne told the Committee that his horse had hung out for the entire race. He used the video replays to demonstrate this. That was the reason that he pulled out wide at the home turn rather than await the passing lane as he normally would do. He denied that he had taken no actions to prevent it running out and he asserted that he had “jerked” on the right rein to get the horse to drop the bit and slapping with the right rein to “urge” him to the left. The horse would not drop the bit, he submitted. He had done everything he could.
Mr Wallis agreed that the horse had given Mr Payne some difficulty during the running. Some slaps with the reins had been with both hands but the majority were with the right rein, he said. There was no evidence that the horse was hanging outwards in the run home other than Mr Payne asserting that this was the case.
reasonsfordecision:
Mr Payne is charged that in Race 3, as the driver of AWAYOVERNIGHT, he failed to make a sufficient effort to prevent his horse shifting outwards and causing interference to SOUNDS BETTOR (L F O’Reilly) and, therefore driving in a manner causing or likely to cause interference.
The Passing Lanes, False Rails and Home Straight Regulations require that every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
It is clear, in this case, that AWAYOVERNIGHT did not do so. Mr Wallis submitted that, from entering the home straight, it has shifted out four sulky widths to the finishing line. This is possibly a conservative estimate in the Committee’s view. The videos speak clearly to the fact that it did not maintain a straight course.
The Committee has earlier determined that the continued outwards movement of AWAYOVERNIGHT caused interference to another runner of a sufficient degree to warrant it being relegated behind that runner.
Mr Payne’s defence to the charge was based on his submission that the horse had hung throughout the entire race and that, effectively, he was unable to stop it doing so in the final straight despite, he submitted, his efforts.
It was our observation that while AWAYOVERNIGHT was clearly running out and causing Mr Payne some difficulty, Mr Payne clearly did not make a sufficient effort to keep it from doing so. He continued to drive the horse out with his reins, having lost his whip, for almost the entire length of the straight. We have to say that any attempts by Mr Payne to keep the horse straight, as he was obliged to do, were barely discernible and, we are satisfied, any attempt was not to the extent that was required of him.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Wallis said that Mr Payne generally drives for his brother, Mr Grant Payne. Last season he competed in 32 races and prior to today has driven in 8 races. In the 2015/2016 season he had a total of 51 drives. His record under the Rule is clear.
Mr Wallis referred to the Penalty Guide starting point for a breach of Rule 869 (4) which does not make provision for a breach involving relegation. He then referred to the Penalty Guide provisions regarding a breach of Rule 869 (3) (b) (careless driving) which provides a starting point for a breach causing a relegation of a 3 days suspension. Mr Wallis submitted that that starting point should be adopted in this case and Stewards were submitting that a suspension for 3 days was appropriate.
Mr Payne was asked whether he wished to seek a deferment of any suspension. Mr Payne submitted that 3 days was “way too harsh”. After a discussion of the meetings involved, Mr Payne, advised the Committee that he did seek a deferment until after racing at Akaroa TC on 10 December next.
reasonsforpenalty:
The Committee noted that the Penalty Guide starting point for a breach of Rule 869 (4) of causing interference to a driver’s own or another horse is 8 drives or a $400 fine. Mr Payne is entitled to a discount from that starting point for his good record and we fix that discount at 2 drives or $100. We believe that a period of suspension is appropriate having regard to the fact that Mr Payne’s breach resulted in a relegation. We had no evidence before us as to the number of drives that Mr Payne would be likely to have at upcoming meetings but we have assessed this at two per meeting. Accordingly, the penalty is to be a 3 days’ (6 drives) suspension.
penalty:
Mr Payne’s application for a deferment of suspension is granted.
Mr Payne’s Open Driver’s licence is suspended for a period commencing from after the conclusion of racing on 10 December 2017 up to and including 22 December 2017 – 3 days. The meetings intended to be encompassed by the period of the suspension are Addington on 16 December, Rangiora on 17 December and Addington on 22 December.
hearing_type: Hearing
Rules: 869(4) and Passing Lanes, False Rails & Home Straight Regulations
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer: R A Payne, Licensed OpenDriver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 96e081118b44311ffcd6ae6a0f68a827
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: abd1b88b3f4332a16aab953958433af2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/12/2017
meet_title: Methven TC - 3 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Methven TC