Auckland TC – 1 May 2009 – Race 9
ID: JCA20621
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 1 May 2009
Race Date:
2009/05/01
Race Number:
Race 9
Decision:
An information filed by Stipendiary Steward Mr J Muirhead against Ms N Chilcott, driver of ALIEN WAITS alleging a breach of the rule 869 (4) in that she drove her horse in a manner which caused interference to PARADISE EARL, driven by Mr J Stormont about 300 metres after the start.
An information filed by Stipendiary Steward Mr J Muirhead against Ms N Chilcott, driver of ALIEN WAITS alleging a breach of the rule 869 (4) in that she drove her horse in a manner which caused interference to PARADISE EARL, driven by Mr J Stormont about 300 metres after the start. Ms Chilcott denied the breach and was present at the hearing. This charge was filed subsequent to the disqualification of ALIEN WAITS at a protest hearing.
--Mr Muirhead showed films of the incident. PARADISE EARL started from the 10m mark and ALIEN WAITS from the 20m mark. Approaching the first bend PARADISE EARL was moving inwards and ALIEN WAITS improved on its inside, got ahead, pushed out, causing PARADISE EARL to become unbalanced, break, and lose considerable ground. Mr Stormont said that going into the bend he was one off the fence. Mr Reid moved his horse out in front of him and he intended to get on the back of Mr Reid’s horse to be in the one by one position. Ms Chilcott improved ALIEN WAITS on his inside, then moved her horse out gradually then sharply. PARADISE EARL was pushed out, he took hold of the horse, it became unbalanced and broke. The horse would not have broken but for the incident. The second outward push was the problem. He had called out “You can’t push out” three times to Ms Chilcott. There was no contact, however it was “all but”. He said contact was not needed to put a horse off balance. After getting past him ALIEN WAITS moved out three wide around Mr Reid’s horse. He said Ms Chilcott had moved ALIEN WAITS from about a half cart “off the fence” to three wide. He said he had to take evasive action - took hold of his horse to balance it, then it broke. He denied a suggestion by Ms Chilcott that he eased back to get on her back – he said he was trying to hold his ground.
--Ms Chilcott said Mr Stormont was in front of her and therefore she could not push his horse out – she was never on the “fence” – she was one out and Mr Stormont was three wide – Mr Stormont took hold of his horse, eased back to get on her back. She said she never pushed out and never interfered with Mr Stormont’s horse – she was clear of that horse and then it galloped. She said Mr Stormont didn’t take evasive action – there was no need to. She acknowledged she had moved in to about a half cart off the “fence” and acknowledged Mr Stormont called out to her.
--REASONS AND DECISIONS:
--Ms Chilcott’s claim that she was always one out is not supported by the video films, neither is her claim that she did not push PARADISE EARL outwards. Her claim that Mr Stormont eased his horse to get on her back is not only rejected by Mr Stormont but totally inconsistent with him calling out three times “don’t push out”. We prefer Mr Stormont’s account of what happened. It is supported by the video film and the evidence of what happened. When Ms Chilcott moved ALIEN WAITS outwards it caused Mr Stormont to take hold of PARADISE EARL which then became unbalanced, broke and lost its chance. There does not need to be “contact” for there to be interference. We find the charge proven.
--PENALTY:
--Mr Muirhead said Ms Chilcott had no relevant breaches of the rules recorded against her. The offending was below the mid point on the scale of seriousness. He referred to the penalty guidelines where a relegation results from a breach of this rule – the recommended starting point penalty being a fine of $600 and/or a 3 week suspension. He said a fine of $600 would be more than adequate. Ms Chilcott said this was not a major race and agreed with Mr Muirhead’s assessment of the seriousness of the breach. She said she had had over 400 drives this season with no relevant breaches of the rules. She preferred a fine to a suspension.
--In fixing penalty the Committee takes into account the following matters:
--1 The submissions of Mr Muirhead
2 The submissions of Ms Chilcott
3 The offending was in the lower half of the scale of seriousness
4 The recommended starting point
5 Ms Chilcott’s driving record
Balancing those matters, with particular emphasis on the good driving record of Ms Chilcott, the Committee imposes a fine of $500.
--B J Rowe
Chair
67651
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: 6e5f406ca362fbbe611c5f1de1dd1015
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 01/05/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 1 May 2009 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information filed by Stipendiary Steward Mr J Muirhead against Ms N Chilcott, driver of ALIEN WAITS alleging a breach of the rule 869 (4) in that she drove her horse in a manner which caused interference to PARADISE EARL, driven by Mr J Stormont about 300 metres after the start.
An information filed by Stipendiary Steward Mr J Muirhead against Ms N Chilcott, driver of ALIEN WAITS alleging a breach of the rule 869 (4) in that she drove her horse in a manner which caused interference to PARADISE EARL, driven by Mr J Stormont about 300 metres after the start. Ms Chilcott denied the breach and was present at the hearing. This charge was filed subsequent to the disqualification of ALIEN WAITS at a protest hearing.
--Mr Muirhead showed films of the incident. PARADISE EARL started from the 10m mark and ALIEN WAITS from the 20m mark. Approaching the first bend PARADISE EARL was moving inwards and ALIEN WAITS improved on its inside, got ahead, pushed out, causing PARADISE EARL to become unbalanced, break, and lose considerable ground. Mr Stormont said that going into the bend he was one off the fence. Mr Reid moved his horse out in front of him and he intended to get on the back of Mr Reid’s horse to be in the one by one position. Ms Chilcott improved ALIEN WAITS on his inside, then moved her horse out gradually then sharply. PARADISE EARL was pushed out, he took hold of the horse, it became unbalanced and broke. The horse would not have broken but for the incident. The second outward push was the problem. He had called out “You can’t push out” three times to Ms Chilcott. There was no contact, however it was “all but”. He said contact was not needed to put a horse off balance. After getting past him ALIEN WAITS moved out three wide around Mr Reid’s horse. He said Ms Chilcott had moved ALIEN WAITS from about a half cart “off the fence” to three wide. He said he had to take evasive action - took hold of his horse to balance it, then it broke. He denied a suggestion by Ms Chilcott that he eased back to get on her back – he said he was trying to hold his ground.
--Ms Chilcott said Mr Stormont was in front of her and therefore she could not push his horse out – she was never on the “fence” – she was one out and Mr Stormont was three wide – Mr Stormont took hold of his horse, eased back to get on her back. She said she never pushed out and never interfered with Mr Stormont’s horse – she was clear of that horse and then it galloped. She said Mr Stormont didn’t take evasive action – there was no need to. She acknowledged she had moved in to about a half cart off the “fence” and acknowledged Mr Stormont called out to her.
--REASONS AND DECISIONS:
--Ms Chilcott’s claim that she was always one out is not supported by the video films, neither is her claim that she did not push PARADISE EARL outwards. Her claim that Mr Stormont eased his horse to get on her back is not only rejected by Mr Stormont but totally inconsistent with him calling out three times “don’t push out”. We prefer Mr Stormont’s account of what happened. It is supported by the video film and the evidence of what happened. When Ms Chilcott moved ALIEN WAITS outwards it caused Mr Stormont to take hold of PARADISE EARL which then became unbalanced, broke and lost its chance. There does not need to be “contact” for there to be interference. We find the charge proven.
--PENALTY:
--Mr Muirhead said Ms Chilcott had no relevant breaches of the rules recorded against her. The offending was below the mid point on the scale of seriousness. He referred to the penalty guidelines where a relegation results from a breach of this rule – the recommended starting point penalty being a fine of $600 and/or a 3 week suspension. He said a fine of $600 would be more than adequate. Ms Chilcott said this was not a major race and agreed with Mr Muirhead’s assessment of the seriousness of the breach. She said she had had over 400 drives this season with no relevant breaches of the rules. She preferred a fine to a suspension.
--In fixing penalty the Committee takes into account the following matters:
--1 The submissions of Mr Muirhead
2 The submissions of Ms Chilcott
3 The offending was in the lower half of the scale of seriousness
4 The recommended starting point
5 Ms Chilcott’s driving record
Balancing those matters, with particular emphasis on the good driving record of Ms Chilcott, the Committee imposes a fine of $500.
--B J Rowe
Chair
67651
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fc34047b4ed669d3876d13a8d212d730
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: 55a9a765a175a8fe456d51aa3614ab75
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/05/2009
meet_title: Auckland TC - 1 May 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC