Cambridge – Te Awamutu HRC – 21 November 2008 –

hearingid: 25790227b947a6cae0fc6dc04e533e89

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hearing_racingtype: harness-racing

startdate: 21/11/2008

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hearing_title: Cambridge - Te Awamutu HRC - 21 November 2008 -

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An 

An Information was lodged by Stipendiary Steward Mr N Ydgren following the running of Race 3 alleging a breach of Rule 869(3)(b) by Junior Horseman Mr S JONES in that he drove carelessly when improving his horse into a position where he struck a wheel and broke prior to the finishing line.

An Information was lodged by Stipendiary Steward Mr N Ydgren following the running of Race 3 alleging a breach of Rule 869(3)(b) by Junior Horseman Mr S JONES in that he drove carelessly when improving his horse into a position where he struck a wheel and broke prior to the finishing line.

Mr Jones denied the charge and appeared with the support of horseman Mr B Mangos.

Mr Ydgren showed video footage of the concluding stages of the race and identified Mr Jones driving  Horse 9 STUTZ BEARCAT.  With approximately 200 metres to run the horse was about 5 lengths from the lead and improving strongly.  A gap appeared which Mr Jones improved quickly into and just short of the line his horse ran out of room and broke on the inside of Mr P Butcher (TRANSCEND) onto the back of Mr Ferguson ( Livin in Heaven).  Crossing the finish line STUTZ BEARCAT was lapped on by SATIRE ( S Blaikie).

Mr Butcher driving on the outside had confirmed to the Stipendiary Stewards that Mr Jones horse made contact with the sulky of Mr Ferguson’s horse.  Mr Ydgren submitted that Mr Jones had driven carelessly by driving his horse at such a speed that when it had gone onto a dead end gap any restraint  placed on the horse had been futile and the sudden speed reduction had caused SUTZ BEARCAT to strike the sulky in front.

Mr Mangos referred to the same footage and submitted there was no evidence of any contact between Mr Jones horse and Mr Ferguson’s sulky.  At the 200 metre mark Mr Jones was at least 5 lengths off the leaders and making good ground and putting his horse into the race which in his opinion any driver should be doing.  At that stage there was plenty of room.  Just near the 50 metre mark he stopped driving the horse when he sees he is running out of room.  Mr Fergusson, immediately ahead, knowing his horse has won, stopped driving near the same point and had slowed up.  That is when Mr Jones has taken hold and just prior to the finish runs out of room.  Mr Mangos submitted that Mr Jones was running into a situation which he could not have avoided.

He also submitted that the Stipendiery Stewards assertion of Mr Butchers observations were irrelevant as he should have been called to give that evidence.  Mr Jones denied there had been any contact.

In response Mr Ydgren told the hearing the witnesses had been unavailable.

Decision and Reasons

The Information charging Mr Jones with Careless Driving is dismissed.

There is no clear evidence from the supporting Video footage to show that Mr Jones' drive broke as a result of striking the sulky of Mr Fergusson.

The submissions recounting the version of events as relayed to the stipendiary stewards by Mr P Butcher are hearsay and inadmissible and with the denial by Mr Jones of any contact there is insufficient evidence on the balance of probabilities to prove that Mr Jones was driving carelessly when he struck a wheel and broke.

Further the submissions from Mr Mangos, a senior and very experienced horseman, that Mr Jones was performing his duties in a manner to be expected of a competent horseman carry substantial weight.

The valid actions of Mr Ferguson immediately short of the line has had an impact on the breaking of STUTZ BEARCAT but I reiterate there has been insufficient evidence to support the charge of carelessness brought by the Stipendiary Stewards.

J Holloway

Chairman

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hearing_type: Old Hearing

Rules: 869.3.b

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