Kumeu TC 8 October 2010 – R 4 (heard 16 October 2010 at Alexandra Park)

hearingid: 31bb6f2d1bc42db8e2d9d3b8d2ffe9c5

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hearing_racingtype: harness-racing

startdate: 08/10/2010

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decisiondate: no date provided

hearing_title: Kumeu TC 8 October 2010 - R 4 (heard 16 October 2010 at Alexandra Park)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr JM Muirhead

Defendant:  Mr M Kerr

Information No:  68902

Meeting:  Kumeu Trotting Club

Date:  8 October 2010

Hearing Date:  16 October 2010

Venue:  Alexandra Park, Auckland

Race:  4

Rule No:  869(3)(b)

Judicial Committee:  BJ Scott, Chairman - GR Jones, Committee Member,   

Plea:  Not admitted

Present:  Mr M Kerr Junior Horseman.  Mr GR Dixon assisting Mr Kerr, Mr JM Stormont and Mr AG Herlihy as witnesses

FACTS:

An Information was lodged by Stipendiary Steward Mr JM Muirhead pursuant to Rule 869(3)(b) alleging Junior Horseman Mr M Kerr drove Toledo carelessly causing interference to Chrissy Styx (Driver J Stormont) shortly after the start.

Rule 896(3)(b) provides:

            “No horseman in any race shall drive carelessly”

Mr Muirhead in giving evidence told this Committee that he saw the incident from the Steward’s position five stories high on the main stand.  He said that All Defiance (Driver S Lawson) drew 3, Toledo drew 4, Chrissy Styx (Driver J Stormont) drew 2 and Glenalvon (Driver M Purdon) drew 1.  He also said that Powertofly (Driver Z Butcher) drew 1 on the second line.  Mr Muirhead said that he observed interference being caused to Chrissy Styx as the horses approached the first bend. Mr Muirhead said that after the field left the mobile gate Mr Lawson on All Defiance which had drawn 3 ended up 1 off the marker line.  He said that Mr Kerr drew 4 and followed Mr Lawson down and tried to get in the 1 by 1 position behind Mr Lawson.  Mr Muirhead said that he saw Mr Stormont take evasive action when Mr Kerr moved inwards.  He said that Mr Stormont had driven hard out of the gate but that he ran out of room and he had to take corrective action and he had to reef his horse back.  He said that Chrissy Styx broke and lost 3 or 4 lengths and ended up back in the field and Mr Kerr ended up in what would have been Mr Stormont’s position.

Mr Muirhead also said Mr Kerr should not have followed Mr Lawson at all.  He said that Mr Kerr tightened up Chrissy Styx and it ran out of room and broke.  He also said that Mr Butcher pulled his horse to the right to endeavour to give Mr Stormont some room.

Mr Muirhead then demonstrated the incident by use of the video films.  He used both the rear view and head on films and showed Mr Kerr moving inwards approaching the bend and Mr Stormont on Chrissy Styx being squeezed up and running out of room.  Mr Muirhead said that if Mr Stormont had not had taken evasive action then he would have been in serious trouble and that at a result of the interference his horse galloped for a number of strides and lost its position.

In answer to a question from Mr Kerr, Mr Muirhead said that he did not think that Mr Kerr or Mr Butcher had made any contact with Mr Stormont.

Mr Muirhead called Mr James Stormont as a witness.  He confirmed that he was the driver of Chrissy Styx and he said that going into the first bend he got pressure from the outside.  He said that he took evasive action and that he needed to do so to stay on his feet.  He confirmed that there was no contact. 

In answer to a question from Mr Muirhead he said that if he had no taken evasive action then he would have been in serious trouble because he ran out of room and the pressure had come from the outside.

In answer to a question from Mr Kerr, Mr Stormont again confirmed that there was not contact.  Mr Kerr asked Mr Stormont that when Mr Stormont yelled out did Mr Kerr respond and Mr Stormont said yes he did.

In answer to a further question from Mr Muirhead, Mr Stormont said that when he called out to Mr Kerr that he (Mr Kerr) responded far too late. 

Mr Kerr gave evidence and said that when horses come out of the gate and are racing into the first turn that nine times out of ten there is tightening. 

He said that Mr Purdon on Glenalvon was racing two carts out from the marker line and that that did not help.

Mr Kerr emphasized that there was no contact with Mr Stormont’s horse and he said that as soon as Mr Stormont called out he tried to correct his horse and give Mr Stormont some room. 

Mr Muirhead then asked Mr Kerr that if general tightening happens at the first bend nine times out of ten should he not have been more careful when moving inwards with his horse.  Mr Kerr said that there was no contact between his sulky and Mr Stormont’s and he did not tighten Mr Stormont up. 

Mr Muirhead also asked Mr Kerr if his following Mr Lawson inwards was a mistake.  Mr Kerr said that his horse drifted down there.  Mr Kerr said that he reacted when Mr Stormont called and turned his horse out and again said that there was no contact.  Mr Muirhead suggested to him that his reaction was too late as Mr Stormont said.

The Committee at that stage pointed out to Mr Kerr that he might be under a misconception concerning contact because there is no need for there to be contact in order to cause interference.

Mr Kerr then called Mr Herlihy as a witness.  Mr Herlihy was the driver of The Oyster Bar and drew 2 on the second line.  He said that there is normally general tightening when going into the first bend. 

Mr Herlihy also said that he heard Mr Stormont call out and he confirmed that Mr Kerr reacted to that. 

Mr Herlihy said that he saw Mr Stormont’s horse break and he said that was a result of the movement and pressure from the outside.

SUMMARY:

Mr Muirhead said that as far as the Stipendiary Stewards are concerned it is a straight forward case of interference.  Mr Kerr has moved in when he shouldn’t have and he said that there was clear evidence from Mr Stormont and also Mr Herlihy and from his own evidence.

Mr Kerr said that Mr Stormont and Mr Herlihy said that there was general tightening.  He said that Mr Stormont’s horse reacted adversely and he again said that he had not made contact and had not driven carelessly. 

REASONS:

The evidence given by Mr Muirhead, Mr Stormont and also by Mr Herlihy is very clear.  The film evidence is also very clear.  There was inwards movement from Mr Kerr and the result of that movement was that he caused interference to Chrissy Styx and caused that horse to break.  Mr Stormont had to call out to Mr Kerr but clearly he has reacted too late because the damage had been done.

Mr Kerr seems to rely on the fact that there was no contact but it has been pointed out to him it is not essential for there to be contact for a charge of interference to be proven.

DECISION:

Taking all the evidence into account the Committee finds the charge proven.

PENALTY SUBMISSIONS:

Mr Muirhead referred to the JCA Guidelines which provide for a fine of $600.00 and/or three weeks suspension.  He pointed out that this was interference that on the day resulted in a relegation.  He said that this was in the medium range of seriousness and he asked for a suspension of Mr Kerr’s Licence for two weeks.

Mr Kerr said that he was not aware of the fact that it was not necessary to have contact to cause interference.  He asked the Committee to consider a fine because he said that he was trying to make his way as a driver and if he is suspended then it is likely he will lose the drive on a number of horses.  Mr Dixon also confirmed this.

PENALTY REASONS:

The Committee is aware of the provisions of the JCA Guidelines and also has the benefit of the JCA Penalty Schedule. 

The interference in this case caused a relegation but Mr Muirhead has told us that Mr Kerr’s actions were in the medium range of seriousness.

Mr Kerr has had a misconception about the need for there to be contact in a charge of interference and he will have learnt from this.  We note that Mr Kerr’s record for the last twelve months contains a number of warnings but generally it is a good record.  We do note however that in the previous twelve months Mr Kerr had four breaches of Rule 869(3)(b).

Mr Muirhead has submitted  that a suspension of Mr Kerr’s Horseman’s Licence is appropriate but in this instance and bearing in mind Mr Kerr’s record for the last twelve months, the fact that he is a Junior Horseman trying to succeed as a Horseman and the support from his Employer Mr Dixon we propose to deal with this matter by way of a fine and we believe that a fine of $400.00 is appropriate.

PENALTY:

The Committee therefore imposes a fine of $400.00 on Mr Kerr

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hearing_type: Old Hearing

Rules: 869(3)(b)

Informant:

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meetdate: 08/10/2010

meet_title: Kumeu TC - 8 October 2010

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