Timaru HRC – 16 March 2010 – Race 4
ID: JCA19963
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 16 March 2010
Race Date:
2010/03/16
Race Number:
Race 4
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 68744
--Meeting: Timaru Harness Racing Club Date: 16 March 2010
--Venue: Addington Raceway, Christchurch Race No: 4
--Rule(s): 869 (4)
--Judicial Committee:
--Chairman: R G McKenzie, Panel Member: J Millar
--Plea: Not Admitted
--Appearing:
--Informant: N M Ydgren, Stipendiary Steward
--Defendant: P D Young, Licensed Open Horseman
--
DECISION AND REASONS:
Following the running of Race 4, Lis Mara Mobile Pace, Information No. 68744 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horsemen, Mr P D Young, alleging a breach of Rule 869 (4) in that Mr Young as the driver of MAKORA STREET in the Race, “drove in a manner causing interference shortly after the start when shifting down the track causing ZOEROTTEN (R G Anderson) to gallop and FLETCHER CHRISTIAN (M J Smolenski) to be checked”.
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 68744
--Meeting: Timaru Harness Racing Club Date: 16 March 2010
--Venue: Addington Raceway, Christchurch Race No: 4
--Rule(s): 869 (4)
--Judicial Committee:
--Chairman: R G McKenzie, Panel Member: J Millar
--Plea: Not Admitted
--Appearing:
--Informant: N M Ydgren, Stipendiary Steward
--Defendant: P D Young, Licensed Open Horseman
--
DECISION AND REASONS:
Following the running of Race 4, Lis Mara Mobile Pace, Information No. 68744 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horsemen, Mr P D Young, alleging a breach of Rule 869 (4) in that Mr Young as the driver of MAKORA STREET in the Race, “drove in a manner causing interference shortly after the start when shifting down the track causing ZOEROTTEN (R G Anderson) to gallop and FLETCHER CHRISTIAN (M J Smolenski) to be checked”.
--Mr Young was present at the hearing of the information and he indicated that he did not admit the breach.
--Rule 869 provides as follows:
(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 R G Anderson stated that he was one off the makers coming to the first bend when he was “squeezed up” by Mr Young on his outside. There was contact and his horse broke. He was established in the 2-wide line and his horse’s head was inside the wheel of Mr Young’s sulky.
--Mrs K R Williams, Stipendiary Steward, showed video replays of the incident shortly after the start of the 1950 metres mobile start event. She pointed out Mr Anderson, drawn 3 on the second row and Mr Young, drawn 4 on the front row. After the start, Mr Anderson was entitled to and did move into the two-out line. She alleged that Mr Young shifted down and attempted to get into the two-out line. Mr Anderson was forced to restrain, his horse broke and was forced down onto FLETCHER CHRISTIAN. All of the movement was from Mr Young, Mrs Williams alleged. Mr Anderson was, quite clearly, up on the inside of Mr Young.
--Mr Anderson said, when asked by Mr Ydgren, that he had called out to Mr Young some 50 metres beforehand, when he could see that he was about to run out of room.
--Mr S P Renault, Stipendiary Steward, had viewed the incident from the petrol box at the top of the home straight. He confirmed that he had heard Mr Anderson call out. Shortly after that, Mr Anderson’s horse had galloped. He had been tightened for room when Mr Young kept coming down.
--Mr Ydgren submitted that Mr Young had misjudged the amount of room available for him and his horse to shift into.
--Mr Young used the video replays. He alleged that Mr Anderson was restraining his horse before he, Mr Young, “got there”. Mr Anderson saw him coming down and had restrained and, at no time, was there any contact. Mr Anderson’s horse, which was having its first start, had overreacted to being abruptly restrained. He was never inside Mr Young’s wheel until Mr Young was on the back of the horse he was following. Mr Young put this to Mr Anderson and he Mr Anderson, denied, that this was the case.
--Mr Young submitted that Mr Anderson was not in the gap. There was no contact. Mr Young said that he was in the gap when Mr Anderson “poked his legs up” and Mr Anderson’s horse had galloped when Mr Anderson had tried to restrain it.
--The Committee found that, shortly after the start of the Race, Mr Anderson on ZOEROTTEN, which had drawn 3 on the second row, had taken up a position in the one-out line. Mr Young on MAKORA STREET, which had drawn 4 on the front row, was racing 3-wide and had attempted to shift down into the one-out line ahead of Mr Anderson.
--Mr Young submitted that Mr Anderson was never up inside him and that Mr Anderson’s horse had overreacted to being restrained by Mr Anderson.
--The Committee preferred the evidence of Mr Anderson and the Stipendiary Stewards – that is to say, that Mr Anderson was established in the one-out line and, from that point, Mr Young attempted to shift down when he was unable to do so safely because Mr Anderson’s horse was already up inside his wheel. In the Committee’s view, the video evidence supported this.
--The Committee found that Mr Young drove in a manner which caused interference to ZOEROTTEN, driven by Mr Anderson, when attempting to shift down when there was not room for him to do so, as a result of which Mr Anderson’s horse broke and FLETCHER CHRISTIAN suffered some consequential interference. The charge was proved.
--Mr Ydgren said that Mr Young has had 7 drives in the current season. Mr Young said that he would be driving more frequently in the future, now that his daughter was attending University in Dunedin. He would be driving at upcoming meetings at Motukarara, Ashburton and Methven, as well as at Forbury Park. Mr Young said he would prefer a suspension to a fine. Mr Ydgren recommended a suspension of 4 driving days. The degree of seriousness was mid- range, Mr Ydgren said. Mr Young had a clear record.
--In determining penalty, the Committee took into account Mr Young’s record and that the offending was mid-range. In this regard, the Committee agreed with Mr Ydgren’s assessment. The Committee accepted Mr Young’s advice as to the meetings at which he would be driving.
--Mr Young’s horseman’s licence was suspended from after the conclusion of racing today up to and including Sunday, 28 March 2010 – effectively, 3 driving days.
--
R G McKenzie J Miller
CHAIR Committee Member
68744
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: 540a10cb9660a1a9b1eed5b5b149b011
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/03/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 16 March 2010 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 68744
--Meeting: Timaru Harness Racing Club Date: 16 March 2010
--Venue: Addington Raceway, Christchurch Race No: 4
--Rule(s): 869 (4)
--Judicial Committee:
--Chairman: R G McKenzie, Panel Member: J Millar
--Plea: Not Admitted
--Appearing:
--Informant: N M Ydgren, Stipendiary Steward
--Defendant: P D Young, Licensed Open Horseman
--
DECISION AND REASONS:
Following the running of Race 4, Lis Mara Mobile Pace, Information No. 68744 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horsemen, Mr P D Young, alleging a breach of Rule 869 (4) in that Mr Young as the driver of MAKORA STREET in the Race, “drove in a manner causing interference shortly after the start when shifting down the track causing ZOEROTTEN (R G Anderson) to gallop and FLETCHER CHRISTIAN (M J Smolenski) to be checked”.
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 68744
--Meeting: Timaru Harness Racing Club Date: 16 March 2010
--Venue: Addington Raceway, Christchurch Race No: 4
--Rule(s): 869 (4)
--Judicial Committee:
--Chairman: R G McKenzie, Panel Member: J Millar
--Plea: Not Admitted
--Appearing:
--Informant: N M Ydgren, Stipendiary Steward
--Defendant: P D Young, Licensed Open Horseman
--
DECISION AND REASONS:
Following the running of Race 4, Lis Mara Mobile Pace, Information No. 68744 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horsemen, Mr P D Young, alleging a breach of Rule 869 (4) in that Mr Young as the driver of MAKORA STREET in the Race, “drove in a manner causing interference shortly after the start when shifting down the track causing ZOEROTTEN (R G Anderson) to gallop and FLETCHER CHRISTIAN (M J Smolenski) to be checked”.
--Mr Young was present at the hearing of the information and he indicated that he did not admit the breach.
--Rule 869 provides as follows:
(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 R G Anderson stated that he was one off the makers coming to the first bend when he was “squeezed up” by Mr Young on his outside. There was contact and his horse broke. He was established in the 2-wide line and his horse’s head was inside the wheel of Mr Young’s sulky.
--Mrs K R Williams, Stipendiary Steward, showed video replays of the incident shortly after the start of the 1950 metres mobile start event. She pointed out Mr Anderson, drawn 3 on the second row and Mr Young, drawn 4 on the front row. After the start, Mr Anderson was entitled to and did move into the two-out line. She alleged that Mr Young shifted down and attempted to get into the two-out line. Mr Anderson was forced to restrain, his horse broke and was forced down onto FLETCHER CHRISTIAN. All of the movement was from Mr Young, Mrs Williams alleged. Mr Anderson was, quite clearly, up on the inside of Mr Young.
--Mr Anderson said, when asked by Mr Ydgren, that he had called out to Mr Young some 50 metres beforehand, when he could see that he was about to run out of room.
--Mr S P Renault, Stipendiary Steward, had viewed the incident from the petrol box at the top of the home straight. He confirmed that he had heard Mr Anderson call out. Shortly after that, Mr Anderson’s horse had galloped. He had been tightened for room when Mr Young kept coming down.
--Mr Ydgren submitted that Mr Young had misjudged the amount of room available for him and his horse to shift into.
--Mr Young used the video replays. He alleged that Mr Anderson was restraining his horse before he, Mr Young, “got there”. Mr Anderson saw him coming down and had restrained and, at no time, was there any contact. Mr Anderson’s horse, which was having its first start, had overreacted to being abruptly restrained. He was never inside Mr Young’s wheel until Mr Young was on the back of the horse he was following. Mr Young put this to Mr Anderson and he Mr Anderson, denied, that this was the case.
--Mr Young submitted that Mr Anderson was not in the gap. There was no contact. Mr Young said that he was in the gap when Mr Anderson “poked his legs up” and Mr Anderson’s horse had galloped when Mr Anderson had tried to restrain it.
--The Committee found that, shortly after the start of the Race, Mr Anderson on ZOEROTTEN, which had drawn 3 on the second row, had taken up a position in the one-out line. Mr Young on MAKORA STREET, which had drawn 4 on the front row, was racing 3-wide and had attempted to shift down into the one-out line ahead of Mr Anderson.
--Mr Young submitted that Mr Anderson was never up inside him and that Mr Anderson’s horse had overreacted to being restrained by Mr Anderson.
--The Committee preferred the evidence of Mr Anderson and the Stipendiary Stewards – that is to say, that Mr Anderson was established in the one-out line and, from that point, Mr Young attempted to shift down when he was unable to do so safely because Mr Anderson’s horse was already up inside his wheel. In the Committee’s view, the video evidence supported this.
--The Committee found that Mr Young drove in a manner which caused interference to ZOEROTTEN, driven by Mr Anderson, when attempting to shift down when there was not room for him to do so, as a result of which Mr Anderson’s horse broke and FLETCHER CHRISTIAN suffered some consequential interference. The charge was proved.
--Mr Ydgren said that Mr Young has had 7 drives in the current season. Mr Young said that he would be driving more frequently in the future, now that his daughter was attending University in Dunedin. He would be driving at upcoming meetings at Motukarara, Ashburton and Methven, as well as at Forbury Park. Mr Young said he would prefer a suspension to a fine. Mr Ydgren recommended a suspension of 4 driving days. The degree of seriousness was mid- range, Mr Ydgren said. Mr Young had a clear record.
--In determining penalty, the Committee took into account Mr Young’s record and that the offending was mid-range. In this regard, the Committee agreed with Mr Ydgren’s assessment. The Committee accepted Mr Young’s advice as to the meetings at which he would be driving.
--Mr Young’s horseman’s licence was suspended from after the conclusion of racing today up to and including Sunday, 28 March 2010 – effectively, 3 driving days.
--
R G McKenzie J Miller
CHAIR Committee Member
68744
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cab0df8928cb39c8d56af552287f572e
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race_title: Race 4
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meetdate: 16/03/2010
meet_title: Timaru HRC - 16 March 2010
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