Cambridge – Te Awamutu HRC – 7 February 2008 – Race 9

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hearing_racingtype: harness-racing

startdate: 07/02/2008

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decisiondate: no date provided

hearing_title: Cambridge - Te Awamutu HRC - 7 February 2008 - Race 9

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An information was lodged by Stipendiary Steward Mr J M Muirhead against junior horseman Mr G Gillies alleging that Mr Gillies drove Knight Jasper carelessly when improving his horse on the inside of Rare Response (driver H Cullen) where there was insufficient room causing his own horse to fall with resulting interference to Waingaro Invader and Greg Brydon, the incident taking place with approximately 200 metres to run.  Mr Gillies admitted a breach of the Rule and was present at the Hearing.

Mr Gillies was also supported by senior horseman Mr P Ferguson and it was confirmed that Mr Ferguson was present at the time of the initial interview with Mr Gillies.

The relevant rule was read and Mr Ferguson and Mr Gillies acknowledged that they under stood it.

Mr Muirhead demonstrated the incident by use of the video films and he was able to show the incident from several angles.  Mr Muirhead showed where Mr Gillies was racing on the fence prior to the home turn and showed Mr Gillies moving into a gap that he anticipated with approximately 200 metres to run and prior to the commencement of the passing lane.  The gap was insufficient and it appeared that Mr Gillies struck the sulky of Rare Response causing his horse to fall and the film clearly showed the resultant interference to Waingaro Invader and Greg Brydon.

Mr Muirhead said that it may have been an error of judgment on Mr Gillies part but it did have serious consequences for at least three horses in the race and the consequences could have been worse.  It was dangerous to try to move into a gap that is anticipated but which ultimately doesn’t exist.

Mr Ferguson on behalf of Mr Gillies pointed to one of the camera angles of the incident showing that Rare Response was moving out slightly on the home turn and it did appear that a gap was going to open up and Mr Gillies had anticipated that this would occur.  This was also just short of the passing lane and Mr Gillies may well have anticipated moving into a gap and then into the passing lane.  Mr Fersuson acknowledged that the head on film showed that the gap did not exist and he had spoken to Mr Gillies about the incident and knew that Mr Gillies would learn from the experience.

In regards to penalty Mr Muirhead said that this was a dangerous and serious mistake which was in the mid to upper range of the scale and he recommended a suspension of Mr Gillies Licence for four weeks.  Mr Muirhead produced Mr Gillies driving record and whilst there were one or two matters on that record they were not of the nature of careless driving.

Mr Ferguson for his part confirmed that Mr Gillies had acknowledged his mistake and he asked that he be given credit for his guilty plea and for his good record.  Mr Ferguson said that Mr Gillies had not been charged with careless driving before.

DECISION & PENALTY

I have taken all matters into account that have been presented to me and have watched the films of the incident numerous times.  I have the benefit of several different angles of the incident.

I have taken into account Mr Muirhead’s submissions and also Mr Ferguson’s submissions on behalf of Mr Gillies.

This may well have been an error of judgment on Mr Gillies part and he may have anticipated that a gap was going to open but at the end of the day it was a dangerous action because it caused his horse to fall and severely interfered with two other horses.  Three horses were effectively put out of the race on the home turn.

Mr Gillies has a good driving record and he has pleaded guilty in the first possible opportunity and presents himself as a fine young man who will learn from this experience.  I give him credit for that.

Having taken all matters into account I suspend Mr Gillies driving licence up to and including the 2^nd of March 2008.  This is effectively three driving weeks.

BJ Scott

Chairman

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race_title: Race 9

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meetdate: 07/02/2008

meet_title: Cambridge - Te Awamutu HRC - 7 February 2008

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name: Cambridge - Te Awamutu HRC