Manawatu HRC – 1 December 2009 – Race 8

hearingid: 3a58755333af768728d73d41907c2a93

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hearing_racingtype: harness-racing

startdate: 01/12/2009

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hearing_title: Manawatu HRC - 1 December 2009 - Race 8

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Following the running of race 8. B Jones the driver of’ Redoubtable’ was charged under rule 868(3) in that he failed to drive his horse out over the concluding stages.

Following the running of race 8. B Jones the driver of’ Redoubtable’ was charged under rule 868(3) in that he failed to drive his horse out over the concluding stages.

Rule 868 (3) states   “ Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running  first, second, third, fourth, fifth or sixth”.

Rule was read, confirmed and understood by Mr Jones.

Mr McIntyre proceeded with his interpretation of the films available, these being head and side on. Junior driver Jones is clearly in fourth position into the home straight and sits motionless in the cart, at no stage did Mr Jones use the whip or make any attempt to shake the reigns over the concluding stages in the run to the line. Mr Curtin driving” Mystical All The Way” goes past and takes fourth place by a head on the line. Junior driver Jones never made any attempt to improve.

Mr Fergusson reminded the committee of the slushy track, and atrocious conditions, they are testing and the horses are very tired at the finish. Using the films to demonstrate his interpretation of the alleged incident, Mr Fergusson showed the winner and placed drivers S Larsen, J Dickie, and Z Butcher had all stopped driving their horses out, The horse was certainly well tried and it would have made no difference at all to the horse or the outcome to be hit. Mr Jones did the right thing not punishing it, Junior drivers are told not to punish their horses.      

Mr O’Brien owner and Co trainer stated “Redoubtable” had gone head to head early and was all done at the finish.

Mr Curtin driver of” Mystical All The Way” placed fourth, stated he was travelling well back   and his horse was half flat but over the concluding stages.” Redoubtable” dies and he gets him on the line.

Mr Taumanu in summarising stated Mr Jones must show vigour with the reins at least. This race carries the status of also being a “First Four”... we must protect the betting public. .The video clearly shows at no stage was there any attempt by Mr Jones to drive his horse out to the end of the race. He sat motionless.

Decision
In reaching their decision the committee have taken into account the very slushy track conditions and the manner in which Junior driver Jones drove out the concluding stages of the race...For some distance and too far out from the finish, he did sit motionless and made no attempt to drive out to the line, and was therefore beaten on the line for fourth placing The rule states;
Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running first, second, third, fourth, fifth or sixth. It is very clear Mr Jones did breach this rule.

The charge is proven.

Penalty
Mr Jones has a very good record with no previous charges and as a junior driver the stewards requested a fine of $400 or a suspension.

Mr Fergusson made a strong appeal to the committee that the monetary penalty for this offence was too severe on a junior driver and sought a suspension with a deferral in support of Junior driver races.

Penalty Decision
The committee in reaching a decision have taken into account
1. Mr Jones very good record
2. The effect on punters of” first four”
3. Lack of vigour shown over the final stages of the race

On this occasion the committee support a term of suspension and Junior driver Brady Jones is suspended from the conclusion of racing on 4th December up to and including the 15th December (3 days).

Ian Smith       Tom Castles
CHAIR            Committee Member
68110

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hearing_type: Old Hearing

Rules: 868.3

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