Ashburton TC 12 February 2011 – R 7 (Heard on 17 and 18 February 2011)
ID: JCA19489
Hearing Type (Code):
harness-racing
Meet Title:
Ashburton TC - 12 February 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/02/12
Race Number:
R 7
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Stipendiary Steward Mr S. P. Renault
Defendant: Mr C. D. Thornley – Open Horseman
Information No: 69118
Meeting: Ashburton Trotting Club
Date: 12 February 2011
Venue: Ashburton Racecourse
Race No: 7
Rule No: 869(3)(c) and/or (4)
Judicial Committee: J. M. Phelan Chairman S. C. Ching Committee Member
Plea: Not Admitted
Also Present: Mr A. M. Butt – driver of “Raglan” (on 17 February 2011)
Mr C. J. De Filippi – Open Horseman (on 18 February 2011)
Mr B. C. Hutton – Public Trainer (on 18 February 2011)
Facts:
This matter was heard at Addington Raceway on 17 February 2011, and completed at Motukarara Racecourse on 18 February 2011.
Following the running of Race 7, the IRT Ashburton Magic Mile Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr C. D. Thornley, the driver of “Franco Jamar” (6), alleging a breach of Rules 869(3)(c) and/or (4) in that he drove recklessly, or in the alternative, in a manner causing or likely to cause interference.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(c) and/or (4) in that driver C. D. Thornley drove recklessly or in the alternative in a manner causing or likely to cause interference when crossing RAGLAN (A. M. Butt) when not sufficiently clear causing RAGLAN to have to be restrained and strike pylons.”
Rules 869(3)(c) and (4) read as follows,
“(3) No horseman in any race shall drive:-
(c) recklessly..”
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Mr Thornley had indicated on the Information that these breaches of the Rules were not admitted, and he agreed that he understood the charge and the Rules it was brought under.
Submissions:
Stipendiary Steward Mr S. P. Renault used video coverage to illustrate that this was a mobile mile race. “Raglan” (3) had drawn barrier (2) and “Franco Jamar” (6) had drawn barrier (5) in this race. “Franco Jamar” was in first place, but wide on the track, when reaching the winning post for the first time. At this time “Raglan” was running second and on the marker line. “Franco Jamar” then moved inwards towards the marker line, and when he came alongside “Raglan” he was about half a length in front.From this point on Mr Thornley tried to go to the lead, but Mr Butt tried to prevent this. This situation continued on for a short distance and eventually Mr Thornley did go the lead. Mr Renault pointed out that at this time “Raglan” ran over a pylon, dislodging it, and then struck the following pylon. It was also pointed out that Mr Thornley was not clear when crossing to the marker line, and that Mr Butt had to take hold of his horse and take a trail behind “Franco Jamar”.
Mr A. M. Butt gave evidence that after the start he had made up his mind that he would not let “Franco Jamar” go, and that he would try to keep the lead himself. He said that when he was crossed by “Franco Jamar” he was “tightened up” a little bit, and had to “grab hold” of his horse.Mr Butt was asked by Mr Renault what he had said to Stipendiary Steward Mr McIntyre when spoken to after this race. He said that he had been “tightened up”, but agreed that he may have said that he had been “cut off”. Mr Butt explained that which ever statement he made, it amounted to the same thing.In answer to questions from Mr Thornley, Mr Butt said he did not feel in any danger during this incident, and agreed that there had not been any contact. Mr Butt also said that he felt he had lost the right to hold the lead and had taken hold of his horse, because it was better to get on the back of “Franco Jamar” than to “be galloping”.
Mr Thornley gave evidence and agreed that he did “tighten up” “Raglan” slightly, but that there was no contact and at no time did he put Mr Butt in danger. He disputed that he had driven recklessly.
Chief Stipendiary Mr C. George cross-examined Mr Thornley. The thrust of this cross-examination was to have Mr Thornley agree that he had driven in a reckless manner. At no time during this questioning did Mr Thornley accept that he had been reckless.
In his closing submissions Mr Renault said that the Concise Oxford Dictionary definition of “reckless” is “disregarding the consequences or danger etc; lacking caution, rash”. It was the Stipendiary Steward’s case that Mr Thornley had, on the balance of probabilities, been reckless.
In his closing submissions Mr Thornley said that in hindsight he did not realise that Mr Butt had the speed to hold him out, and that he did not think he had put Mr Butt in any danger.
We then adjourned to consider our decision.
Reasons:
We carefully considered the evidence and the video coverage. In particular we found that Mr Thornley had moved inwards when not clear of “Raglan”, and as a result “Raglan” was forced on the pylons, and Mr Butt had to restrain his horse. We were satisfied that this was not merely carelessness on Mr Thornley’s part. We were also satisfied that the dictionary definition of “reckless” where it says “disregarding the consequences” applies in this case. We were satisfied that the charge had been proved. On resuming the hearing we advised that parties that a written decision with full reasons would be given later, and we gave the following oral decision:-
“Having heard the evidence and having seen the video coverage, we are satisfied that on the bend out of the home straight for the first time, and incident occurred where “Raglan”, driven by Mr A. M. Butt struck two pylons, and was tightened, when “Franco Jamar”, driven by Mr C. D. Thornley, crossed over to lead. After reviewing all the evidence we are satisfied that the question we are required to answer is – did Mr Thornley drive recklessly?. “Reckless” is defined in the Concise Oxford Dictionary as – “disregarding the consequences or danger etc; lacking caution, rash”. In this case we are satisfied that Mr Thornley made up his mind that he was going to take the lead from Mr Butt, and moved across regardless of the fact that Mr Butt was attempting to hold the lead. A more serious situation was only avoided when Mr Butt took hold of his horse, even though, at that time Mr Thornley was not clear of him. We find that Mr Thornley crossed Mr Butt and disregarded the consequences or danger that might have ensued. We find the charge proved.”
It followed that as the two charges were filed in the alternative, the charge under Rule 869(4) lapsed.
Decision:
The charge was found proved.
Submissions on Penalty:
Before the matter of penalty could be dealt with Mr Thornley left the hearing. Attempts were made to have Mr Thornley return to the hearing, but as their had been no indication that he would do so by the start time for Race 4, this matter was adjourned to recommence one hour before the first race at Motukarara the following day.
Mr Thornley did not attend this adjourned hearing, but Mr C. J.De Filippi and Mr B. C. Hutton appeared to make submissions on his behalf.
In relation to penalty Mr Renault advised that Mr Thornley had not previously breached this Rule. It was established that he is a very busy driver, and that he attends most South Island race meetings, and also attends the more important race meetings at Auckland.
Mr Renault said that this was a $15,000-00 race, and that the severity of the breach was mid to low range. It was submitted that a suspension of between 4 – 5 weeks should be imposed in this case.
Messrs. De Filippi and Hutton said that Mr Thornley had on average 13 drives per week, and that a lengthy suspension would have a serious affect on him. Mr Thornley had commitments in Australia, Auckland and at the Interdominions next month. It was also stated that this incident was out of character for Mr Thornley, and Mr Renault agreed that this was so.
We adjourned to consider the matter of penalty.
Reasons:
We were satisfied that this breach was mid to low range, and that the chances of “Raglan” were not affected by this incident. The race itself was not a Group race, and neither did it have a high stake. There were no previous breaches of this Rule listed in the JCA penalty list. There was however a case, HRNZ v. B in 2002, where a charge of reckless driving was found proven in relation to the New Zealand Trotting Cup. In that race B had forced a horse over the pylons, and as a result that horse broke and lost its chance in the race. The penalty imposed in that case was a six days suspension (including two premier days) and a fine of $1500-00. We note that that the Penalty Guide, which started in 2007, recommends a starting point for a penalty in a major race of a $1000-00 fine and/or a suspension for four weeks.
In the present case the Penalty Guide recommends a starting point for a penalty as being a fine of $750-00 and/or a three week suspension. We were satisfied that the period of suspension recommended by the Stipendiary Stewards was excessive in all the circumstances. Our decision on penalty is set out below.
Decision on Penalty:
On resuming the hearing we advised the parties that a full written decision would be given later, and we gave the following oral decision.
“We have now heard submissions on penalty. Mr C. J. De Filippi and Mr B. C. Hutton attended this hearing on behalf of Mr Thornley, and apologised on his behalf for leaving the hearing last evening.
Mr Renault advised that Mr Thornley had no previous convictions for reckless driving. He referred to the Penalty Guide, which recommends a starting point of a fine of $750-00 and/or a suspension of 3 weeks. Mr Renault also said that he believed that this breach was at the mid to low range. It was submitted that a suspension of 4 – 5 weeks should be imposed in this case.
Messrs De Filippi and Hutton said that Mr Thornley had, on average, 13 drives per week, and that a lengthy suspension would have a serious affect on him. Mr Thornley had commitments in Australia, Auckland and the Interdominions next month.
When considering this matter we could find no recent cases of reckless driving to refer to. However there was a 2002 case of HRNZ v. B which related to the New Zealand Trotting Cup. In that case B was suspended for 18 days (6 race days including two premier days) and fined $1500-00. In that case the Stipendiary Stewards submitted that a fine of $1000-00 and a suspension of 3 weeks should be imposed. We are satisfied that this breach was mid to low range, and that the chances of “Raglan” were not affected. To accede to the Stipendiary Stewards submission that a 4 – 5 week suspension should be imposed would be well in excess of the starting point recommended by the Penalty Guide. We are satisfied that the penalty should be less than the $750-00 fine and/or 3 week suspension it recommends.”
Penalty:
Mr Thornley will be fined the sum of $600-00, and in addition his Open Horseman’s licence will be suspended from after the completion of racing on 20 February 2011, until after the completion of racing on 4 March 2011.The specific days for which Mr Thornley is suspended are 25 February 2011 at NZMTC; 26 February 2011 at Wyndham; 27 February 2011 at Ashburton; 3 March 2011 at NZMTC, and 4 March 2011 at Auckland.
________________ __________________
J. M. Phelan S. C. Ching
Chairman Committee Member
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: 62440d982ce0bf02c14b6a003900d893
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 12/02/2011
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Ashburton TC 12 February 2011 - R 7 (Heard on 17 and 18 February 2011)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Stipendiary Steward Mr S. P. Renault
Defendant: Mr C. D. Thornley – Open Horseman
Information No: 69118
Meeting: Ashburton Trotting Club
Date: 12 February 2011
Venue: Ashburton Racecourse
Race No: 7
Rule No: 869(3)(c) and/or (4)
Judicial Committee: J. M. Phelan Chairman S. C. Ching Committee Member
Plea: Not Admitted
Also Present: Mr A. M. Butt – driver of “Raglan” (on 17 February 2011)
Mr C. J. De Filippi – Open Horseman (on 18 February 2011)
Mr B. C. Hutton – Public Trainer (on 18 February 2011)
Facts:
This matter was heard at Addington Raceway on 17 February 2011, and completed at Motukarara Racecourse on 18 February 2011.
Following the running of Race 7, the IRT Ashburton Magic Mile Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr C. D. Thornley, the driver of “Franco Jamar” (6), alleging a breach of Rules 869(3)(c) and/or (4) in that he drove recklessly, or in the alternative, in a manner causing or likely to cause interference.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(c) and/or (4) in that driver C. D. Thornley drove recklessly or in the alternative in a manner causing or likely to cause interference when crossing RAGLAN (A. M. Butt) when not sufficiently clear causing RAGLAN to have to be restrained and strike pylons.”
Rules 869(3)(c) and (4) read as follows,
“(3) No horseman in any race shall drive:-
(c) recklessly..”
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Mr Thornley had indicated on the Information that these breaches of the Rules were not admitted, and he agreed that he understood the charge and the Rules it was brought under.
Submissions:
Stipendiary Steward Mr S. P. Renault used video coverage to illustrate that this was a mobile mile race. “Raglan” (3) had drawn barrier (2) and “Franco Jamar” (6) had drawn barrier (5) in this race. “Franco Jamar” was in first place, but wide on the track, when reaching the winning post for the first time. At this time “Raglan” was running second and on the marker line. “Franco Jamar” then moved inwards towards the marker line, and when he came alongside “Raglan” he was about half a length in front.From this point on Mr Thornley tried to go to the lead, but Mr Butt tried to prevent this. This situation continued on for a short distance and eventually Mr Thornley did go the lead. Mr Renault pointed out that at this time “Raglan” ran over a pylon, dislodging it, and then struck the following pylon. It was also pointed out that Mr Thornley was not clear when crossing to the marker line, and that Mr Butt had to take hold of his horse and take a trail behind “Franco Jamar”.
Mr A. M. Butt gave evidence that after the start he had made up his mind that he would not let “Franco Jamar” go, and that he would try to keep the lead himself. He said that when he was crossed by “Franco Jamar” he was “tightened up” a little bit, and had to “grab hold” of his horse.Mr Butt was asked by Mr Renault what he had said to Stipendiary Steward Mr McIntyre when spoken to after this race. He said that he had been “tightened up”, but agreed that he may have said that he had been “cut off”. Mr Butt explained that which ever statement he made, it amounted to the same thing.In answer to questions from Mr Thornley, Mr Butt said he did not feel in any danger during this incident, and agreed that there had not been any contact. Mr Butt also said that he felt he had lost the right to hold the lead and had taken hold of his horse, because it was better to get on the back of “Franco Jamar” than to “be galloping”.
Mr Thornley gave evidence and agreed that he did “tighten up” “Raglan” slightly, but that there was no contact and at no time did he put Mr Butt in danger. He disputed that he had driven recklessly.
Chief Stipendiary Mr C. George cross-examined Mr Thornley. The thrust of this cross-examination was to have Mr Thornley agree that he had driven in a reckless manner. At no time during this questioning did Mr Thornley accept that he had been reckless.
In his closing submissions Mr Renault said that the Concise Oxford Dictionary definition of “reckless” is “disregarding the consequences or danger etc; lacking caution, rash”. It was the Stipendiary Steward’s case that Mr Thornley had, on the balance of probabilities, been reckless.
In his closing submissions Mr Thornley said that in hindsight he did not realise that Mr Butt had the speed to hold him out, and that he did not think he had put Mr Butt in any danger.
We then adjourned to consider our decision.
Reasons:
We carefully considered the evidence and the video coverage. In particular we found that Mr Thornley had moved inwards when not clear of “Raglan”, and as a result “Raglan” was forced on the pylons, and Mr Butt had to restrain his horse. We were satisfied that this was not merely carelessness on Mr Thornley’s part. We were also satisfied that the dictionary definition of “reckless” where it says “disregarding the consequences” applies in this case. We were satisfied that the charge had been proved. On resuming the hearing we advised that parties that a written decision with full reasons would be given later, and we gave the following oral decision:-
“Having heard the evidence and having seen the video coverage, we are satisfied that on the bend out of the home straight for the first time, and incident occurred where “Raglan”, driven by Mr A. M. Butt struck two pylons, and was tightened, when “Franco Jamar”, driven by Mr C. D. Thornley, crossed over to lead. After reviewing all the evidence we are satisfied that the question we are required to answer is – did Mr Thornley drive recklessly?. “Reckless” is defined in the Concise Oxford Dictionary as – “disregarding the consequences or danger etc; lacking caution, rash”. In this case we are satisfied that Mr Thornley made up his mind that he was going to take the lead from Mr Butt, and moved across regardless of the fact that Mr Butt was attempting to hold the lead. A more serious situation was only avoided when Mr Butt took hold of his horse, even though, at that time Mr Thornley was not clear of him. We find that Mr Thornley crossed Mr Butt and disregarded the consequences or danger that might have ensued. We find the charge proved.”
It followed that as the two charges were filed in the alternative, the charge under Rule 869(4) lapsed.
Decision:
The charge was found proved.
Submissions on Penalty:
Before the matter of penalty could be dealt with Mr Thornley left the hearing. Attempts were made to have Mr Thornley return to the hearing, but as their had been no indication that he would do so by the start time for Race 4, this matter was adjourned to recommence one hour before the first race at Motukarara the following day.
Mr Thornley did not attend this adjourned hearing, but Mr C. J.De Filippi and Mr B. C. Hutton appeared to make submissions on his behalf.
In relation to penalty Mr Renault advised that Mr Thornley had not previously breached this Rule. It was established that he is a very busy driver, and that he attends most South Island race meetings, and also attends the more important race meetings at Auckland.
Mr Renault said that this was a $15,000-00 race, and that the severity of the breach was mid to low range. It was submitted that a suspension of between 4 – 5 weeks should be imposed in this case.
Messrs. De Filippi and Hutton said that Mr Thornley had on average 13 drives per week, and that a lengthy suspension would have a serious affect on him. Mr Thornley had commitments in Australia, Auckland and at the Interdominions next month. It was also stated that this incident was out of character for Mr Thornley, and Mr Renault agreed that this was so.
We adjourned to consider the matter of penalty.
Reasons:
We were satisfied that this breach was mid to low range, and that the chances of “Raglan” were not affected by this incident. The race itself was not a Group race, and neither did it have a high stake. There were no previous breaches of this Rule listed in the JCA penalty list. There was however a case, HRNZ v. B in 2002, where a charge of reckless driving was found proven in relation to the New Zealand Trotting Cup. In that race B had forced a horse over the pylons, and as a result that horse broke and lost its chance in the race. The penalty imposed in that case was a six days suspension (including two premier days) and a fine of $1500-00. We note that that the Penalty Guide, which started in 2007, recommends a starting point for a penalty in a major race of a $1000-00 fine and/or a suspension for four weeks.
In the present case the Penalty Guide recommends a starting point for a penalty as being a fine of $750-00 and/or a three week suspension. We were satisfied that the period of suspension recommended by the Stipendiary Stewards was excessive in all the circumstances. Our decision on penalty is set out below.
Decision on Penalty:
On resuming the hearing we advised the parties that a full written decision would be given later, and we gave the following oral decision.
“We have now heard submissions on penalty. Mr C. J. De Filippi and Mr B. C. Hutton attended this hearing on behalf of Mr Thornley, and apologised on his behalf for leaving the hearing last evening.
Mr Renault advised that Mr Thornley had no previous convictions for reckless driving. He referred to the Penalty Guide, which recommends a starting point of a fine of $750-00 and/or a suspension of 3 weeks. Mr Renault also said that he believed that this breach was at the mid to low range. It was submitted that a suspension of 4 – 5 weeks should be imposed in this case.
Messrs De Filippi and Hutton said that Mr Thornley had, on average, 13 drives per week, and that a lengthy suspension would have a serious affect on him. Mr Thornley had commitments in Australia, Auckland and the Interdominions next month.
When considering this matter we could find no recent cases of reckless driving to refer to. However there was a 2002 case of HRNZ v. B which related to the New Zealand Trotting Cup. In that case B was suspended for 18 days (6 race days including two premier days) and fined $1500-00. In that case the Stipendiary Stewards submitted that a fine of $1000-00 and a suspension of 3 weeks should be imposed. We are satisfied that this breach was mid to low range, and that the chances of “Raglan” were not affected. To accede to the Stipendiary Stewards submission that a 4 – 5 week suspension should be imposed would be well in excess of the starting point recommended by the Penalty Guide. We are satisfied that the penalty should be less than the $750-00 fine and/or 3 week suspension it recommends.”
Penalty:
Mr Thornley will be fined the sum of $600-00, and in addition his Open Horseman’s licence will be suspended from after the completion of racing on 20 February 2011, until after the completion of racing on 4 March 2011.The specific days for which Mr Thornley is suspended are 25 February 2011 at NZMTC; 26 February 2011 at Wyndham; 27 February 2011 at Ashburton; 3 March 2011 at NZMTC, and 4 March 2011 at Auckland.
________________ __________________
J. M. Phelan S. C. Ching
Chairman Committee Member
sumissionsforpenalty:
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hearing_type: Old Hearing
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