NZ Metro TC – 25 August 2006 – Race 5
ID: JCA18342
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 25 August 2006
Race Date:
2006/08/25
Race Number:
Race 5
Decision: --
Following the running of Race 5, Andy Pope & Associates Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr G D Smith, alleging that Mr Smith failed to parade his horse (CHARLIE HORSE) in the correct manner as instructed by the Chief Stipendiary Steward and as required by the Rule.
--
DECISION AND REASONS:
--Following the running of Race 5, Andy Pope & Associates Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr G D Smith, alleging that Mr Smith failed to parade his horse (CHARLIE HORSE) in the correct manner as instructed by the Chief Stipendiary Steward and as required by the Rule.
----Rule 859, which was amended as from 1 August 2006, provides as follows:
--A horseman
--(a) may drive a horse in its preliminary in either direction provided that ?
--------(i) they obey the directions of the Clerk of the Course at all times;
--(ii) the horse is first paraded through the straight in the correct way of the course; and
--(iii) all preliminaries in the opposite direction of the way of the course shall be on the extreme outside of the course.
----Mr Smith was present at the hearing of the information and was assisted by Licensed Open Driver, Mr K M Barron. Mr Smith did not admit the breach.
----Mr Escott said that, when Mr Smith came into the birdcage for Race 5, he asked Mr Escott for permission to "go straight out the other gate". Mr Escott said that he told Mr Smith to do his preliminary first. When Mr Smith left the birdcage, he proceeded to turn right rather than go and parade his horse. Mr Escott said that he was very clear in his instructions to Mr Smith but Mr Smith then spoke to Stipendiary Steward, Mrs K R Williams.
----Mr D F Ferriman, Clerk of the Course, stated that he overheard Mr Smith ask Mr Escott if he could go the opposite way and heard Mr Escott instruct Mr Smith to do a preliminary. Mr Smith turned right out the gate and did not do a preliminary. Mr Ferriman said that Mr Escott had been very specific and had pointed down the track. He believed that Mr Smith would have heard and understood Mr Escott's instructions. Mr Ferriman said that the new Rule was enforced for the first time at the Rangiora meeting last Sunday.
----Mr Smith said that the horse is a very erratic horse. He can pull very hard and can kick and buck if he has other horses around him. Two weeks ago when the horse raced at Addington, Mr Smith said that he asked Stipendiary Steward, Mr McIntyre, if he could go out of the gate and turn right and was given permission to do so. Mr Smith stated that he had tried to explain to Mr Escott that he had done it two weeks ago but had got out of earshot before he could fully explain. He then passed Mrs Williams and explained to her that he had asked permission of Mr Escott. She had given him permission and said that she would speak to Mr Escott. He had just wanted to do what he had done two weeks ago. Mr Smith stated that he did not want to go behind Mr Escott's back or to cause trouble. Mr Smith acknowledged to the Committee that he had understood what Mr Escott had told him.
----Mrs Williams said that she had not seen Mr Smith talk to Mr Escott but when Mr Smith came past her said that he had asked Mr Escott for permission to turn right as he was having trouble holding the horse. Mrs Williams said that she told Mr Smith that perhaps he should come in later that the other horses. Mr Smith then went onto the track and turned right and did not parade through the straight as required.
----Mr Barron confirmed that CHARLIE HORSE was a difficult horse and Mr Smith had simply wanted to do what he had done two weeks earlier when he was given permission to warm the horse up to the benefit of the horse, its owners and the betting public. He had just wanted to give the horse every possible chance. Mr Barron acknowledged that it was not right to disobey the instructions of officials.
----Mr Escott said that the Rule had been amended to help horses that pull during their preliminaries but the amended Rule required that a horse parade first and then a horse could go whichever way the driver wanted. Mr Escott said that the Rule was going to be enforced.
----The Committee, having considered all of the evidence, was satisfied that the elements of the Rule had been made out. Mr Escott had given a clear instruction to Mr Smith which was confirmed by Mr Ferriman and acknowledged by Mr Smith himself. Mr Smith was not excused for his actions by then placing Mrs Williams in an extremely difficult position and attempting to justify his flouting of Mr Escott's instructions by using Mrs Williams. Neither did the fact that he had been granted permission two weeks previously justify Mr Smith's actions on this occasion. It was not disputed by Mr Smith that he had failed to parade his horse through the straight in the correct way, in breach of Rule 859 (a) (ii).
----Accordingly, the charge was found to be proved.
----Mr Escott sought a fine of $100. Mr Smith confirmed that he was in a position to pay a fine and preferred a fine to a suspension.
----Mr Smith was fined the sum of $100.
----R G McKenzie
----CHAIRMAN
----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: 031f6e065e60d4da0588eadf755cb063
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/08/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 25 August 2006 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 5, Andy Pope & Associates Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr G D Smith, alleging that Mr Smith failed to parade his horse (CHARLIE HORSE) in the correct manner as instructed by the Chief Stipendiary Steward and as required by the Rule.
--
DECISION AND REASONS:
--Following the running of Race 5, Andy Pope & Associates Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr G D Smith, alleging that Mr Smith failed to parade his horse (CHARLIE HORSE) in the correct manner as instructed by the Chief Stipendiary Steward and as required by the Rule.
----Rule 859, which was amended as from 1 August 2006, provides as follows:
--A horseman
--(a) may drive a horse in its preliminary in either direction provided that ?
--------(i) they obey the directions of the Clerk of the Course at all times;
--(ii) the horse is first paraded through the straight in the correct way of the course; and
--(iii) all preliminaries in the opposite direction of the way of the course shall be on the extreme outside of the course.
----Mr Smith was present at the hearing of the information and was assisted by Licensed Open Driver, Mr K M Barron. Mr Smith did not admit the breach.
----Mr Escott said that, when Mr Smith came into the birdcage for Race 5, he asked Mr Escott for permission to "go straight out the other gate". Mr Escott said that he told Mr Smith to do his preliminary first. When Mr Smith left the birdcage, he proceeded to turn right rather than go and parade his horse. Mr Escott said that he was very clear in his instructions to Mr Smith but Mr Smith then spoke to Stipendiary Steward, Mrs K R Williams.
----Mr D F Ferriman, Clerk of the Course, stated that he overheard Mr Smith ask Mr Escott if he could go the opposite way and heard Mr Escott instruct Mr Smith to do a preliminary. Mr Smith turned right out the gate and did not do a preliminary. Mr Ferriman said that Mr Escott had been very specific and had pointed down the track. He believed that Mr Smith would have heard and understood Mr Escott's instructions. Mr Ferriman said that the new Rule was enforced for the first time at the Rangiora meeting last Sunday.
----Mr Smith said that the horse is a very erratic horse. He can pull very hard and can kick and buck if he has other horses around him. Two weeks ago when the horse raced at Addington, Mr Smith said that he asked Stipendiary Steward, Mr McIntyre, if he could go out of the gate and turn right and was given permission to do so. Mr Smith stated that he had tried to explain to Mr Escott that he had done it two weeks ago but had got out of earshot before he could fully explain. He then passed Mrs Williams and explained to her that he had asked permission of Mr Escott. She had given him permission and said that she would speak to Mr Escott. He had just wanted to do what he had done two weeks ago. Mr Smith stated that he did not want to go behind Mr Escott's back or to cause trouble. Mr Smith acknowledged to the Committee that he had understood what Mr Escott had told him.
----Mrs Williams said that she had not seen Mr Smith talk to Mr Escott but when Mr Smith came past her said that he had asked Mr Escott for permission to turn right as he was having trouble holding the horse. Mrs Williams said that she told Mr Smith that perhaps he should come in later that the other horses. Mr Smith then went onto the track and turned right and did not parade through the straight as required.
----Mr Barron confirmed that CHARLIE HORSE was a difficult horse and Mr Smith had simply wanted to do what he had done two weeks earlier when he was given permission to warm the horse up to the benefit of the horse, its owners and the betting public. He had just wanted to give the horse every possible chance. Mr Barron acknowledged that it was not right to disobey the instructions of officials.
----Mr Escott said that the Rule had been amended to help horses that pull during their preliminaries but the amended Rule required that a horse parade first and then a horse could go whichever way the driver wanted. Mr Escott said that the Rule was going to be enforced.
----The Committee, having considered all of the evidence, was satisfied that the elements of the Rule had been made out. Mr Escott had given a clear instruction to Mr Smith which was confirmed by Mr Ferriman and acknowledged by Mr Smith himself. Mr Smith was not excused for his actions by then placing Mrs Williams in an extremely difficult position and attempting to justify his flouting of Mr Escott's instructions by using Mrs Williams. Neither did the fact that he had been granted permission two weeks previously justify Mr Smith's actions on this occasion. It was not disputed by Mr Smith that he had failed to parade his horse through the straight in the correct way, in breach of Rule 859 (a) (ii).
----Accordingly, the charge was found to be proved.
----Mr Escott sought a fine of $100. Mr Smith confirmed that he was in a position to pay a fine and preferred a fine to a suspension.
----Mr Smith was fined the sum of $100.
----R G McKenzie
----CHAIRMAN
----sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 859.a.ii
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: dd00dd367f2cd77cf11fe595a6b492c4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 815d49ebac06b2d31cf604685a2db7e5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/08/2006
meet_title: NZ Metro TC - 25 August 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC