Invercargill HRC – 13 January 2005 –
ID: JCA19230
Hearing Type (Code):
harness-racing
Decision: --
An information was lodged by Stipendiary Steward Mr N G McIntyre alleging under rule 869 3 B, in that junior horseman JW Cox drove carelessly
| -- Rule Reads: --No horseman in any race shall drive carelessly. --Reason: --An information was lodged by Stipendiary Steward Mr N G McIntyre alleging under rule 869 3 B, in that junior horseman JW Cox drove carelessly with approx 900m to run, shifting out forcing GOLDEN FALCON (B A Scobie) onto MORIARTY (E Swain) resulting in this runner breaking and losing all chance. --Mr McIntyre used various video clips of the alleged incident in presenting his case and then asked specific questions of Mr Scobie and Mr Swain. Mr Scobie the driver of GOLDEN FALCON stated that his horse was forced to race wider on the track by the outward movement of the horse racing inside of him MYSTIC MAN, this in turn forced him to move outwards onto MORIARTY causing this horse to break. Mr Scobie stated that he had no-where to go as a result of this movement from inside. --Mr Swain the driver of MORIARTY stated that the pressure from inside (GOLDEN FALCON) had forced his horse to race wider on the track and break. Mr Swain attributed to the movement to MYSTIC MAN driven by Mr Cox. --Mr Suddaby representing Mr Cox stated that he believed Mr Cox was entitled to be racing where he was on the track and that the movement from inside was only minor and the horses around could have contributed. --Decision: --The information was upheld as clearly in my opinion a breach of the rule had occurred. The verbal evidence of Mr Swain and Mr Scobie along with the supporting video clips of the alleged incident clearly ascertained that Mr Cox had moved outwards when insufficiently clear forcing firstly Mr Scobie GOLDEN FALCON and then Mr Swain MORIARTY to race wider on the track affecting their chances and clearly extinguishing MORIARTY?S chances. --In fixing penalty consideration was given to Mr Cox's recent driving record which showed (and was verified by him) that there had been one similar charge 10 months ago. Mr Cox is a very successful Junior Driver, having approximately 6 ? 7 drives per race day. Stipendiary Steward (Mr McIntyre) acknowledged Mr Cox's record and felt that a fine as opposed to a suspension could be considered in fixing penalty. --A fine of $300 was imposed. ---- --
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Decision Date: 13/01/2005
Publish Date: 13/01/2005
JCA Decision Fields (raw)
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hearingid: 2feb00d8de72fbff3cbecd42137a1cea
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 13/01/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Invercargill HRC - 13 January 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information was lodged by Stipendiary Steward Mr N G McIntyre alleging under rule 869 3 B, in that junior horseman JW Cox drove carelessly
| -- Rule Reads: --No horseman in any race shall drive carelessly. --Reason: --An information was lodged by Stipendiary Steward Mr N G McIntyre alleging under rule 869 3 B, in that junior horseman JW Cox drove carelessly with approx 900m to run, shifting out forcing GOLDEN FALCON (B A Scobie) onto MORIARTY (E Swain) resulting in this runner breaking and losing all chance. --Mr McIntyre used various video clips of the alleged incident in presenting his case and then asked specific questions of Mr Scobie and Mr Swain. Mr Scobie the driver of GOLDEN FALCON stated that his horse was forced to race wider on the track by the outward movement of the horse racing inside of him MYSTIC MAN, this in turn forced him to move outwards onto MORIARTY causing this horse to break. Mr Scobie stated that he had no-where to go as a result of this movement from inside. --Mr Swain the driver of MORIARTY stated that the pressure from inside (GOLDEN FALCON) had forced his horse to race wider on the track and break. Mr Swain attributed to the movement to MYSTIC MAN driven by Mr Cox. --Mr Suddaby representing Mr Cox stated that he believed Mr Cox was entitled to be racing where he was on the track and that the movement from inside was only minor and the horses around could have contributed. --Decision: --The information was upheld as clearly in my opinion a breach of the rule had occurred. The verbal evidence of Mr Swain and Mr Scobie along with the supporting video clips of the alleged incident clearly ascertained that Mr Cox had moved outwards when insufficiently clear forcing firstly Mr Scobie GOLDEN FALCON and then Mr Swain MORIARTY to race wider on the track affecting their chances and clearly extinguishing MORIARTY?S chances. --In fixing penalty consideration was given to Mr Cox's recent driving record which showed (and was verified by him) that there had been one similar charge 10 months ago. Mr Cox is a very successful Junior Driver, having approximately 6 ? 7 drives per race day. Stipendiary Steward (Mr McIntyre) acknowledged Mr Cox's record and felt that a fine as opposed to a suspension could be considered in fixing penalty. --A fine of $300 was imposed. ---- --
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hearing_type: Old Hearing
Rules:
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