Auckland TC – 21 December 2007 – Race 2
ID: JCA21008
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 21 December 2007
Race Date:
2007/12/21
Race Number:
Race 2
Decision: --
An information was lodged by Stipendiary Steward Mr. J M Muirhead against horseman Mr. F Cooney alleging that Mr. Cooney drove MARIA’S REIGN carelessly
--
RACE NO: 2 INFORMATION NO: 66694 RULE NO: 869(3) (b)
--An information was lodged by Stipendiary Steward Mr. J M Muirhead against horseman Mr. F Cooney alleging that Mr. Cooney drove MARIA’S REIGN carelessly by improving outwards and cramping SUPREME ROCKET (G Wolfenden) for room inside COSTALOT (A Herlihy) causing SUPREME ROCKET to break and lose its chance with three hundred metres to run.
--Mr. Cooney did not admit the breach and was present at the hearing.
--The relevant rule was read to Mr. Cooney and he acknowledged that he understood it.
--Mr. Muirhead demonstrated the incident by use of the video film and he was able to show the incident from several angles. Mr. Muirhead showed where Mr. Cooney was racing on the fence prior to the three hundred metre mark and he moved one off the fence and then kept coming wider and in Mr. Muirhead’s opinion was aiming to get on the back of Mr. Grayling who at this stage was four wide. Mr. Muirhead showed that COSTALOT was outside SUPREME ROCKET and as a result of the outwards movement of Mr. Cooney there was insufficient room for SUPREME ROCKET and hence its broke and lost his chance. Mr. Muirhead pointed out that Mr. Herlihy on COSTALOT kept to his line as he was entitled to do.
--Mr. Muirhead then called Mr. G Wolfenden the driver of SUPREME ROCKET to give evidence. Mr. Wolfenden confirmed that his horse had got tightened and it went out of its gear and broke. Mr. Wolfenden did say that his horse was very field shy and had had problems before and it is a tricky horse to drive. Mr. Wolfenden said that there was no contact but he did confirm that the situation had got very tight as a result of Mr. Cooney’s outwards movement. Mr. Wolfenden also confirmed that he had to restrain his horse.
--Mr. Wolfenden also suggested that Mr. Herlihy might’ve moved inwards but after viewing the films again he confirmed that Mr. Herlihy had kept a straight line.
--Mr. Cooney then called Mr. A G Herlihy the driver of COSTALOT. Mr. Herlihy confirmed that he was improving around on the outside of Mr. Wolfenden’s horse and saw it break. Mr. Herlihy saw that the horse was coming through the gap and took the view that Mr. Wolfenden’s horse thought that it was going to get tightened and then it broke.
--Mr. Cooney gave evidence and he acknowledged that he came out from the rails position but he said that he was not intent on getting on Mr. Grayling’s back. Mr. Cooney said that he only came out in one place and then thought he might’ve moved out marginally further but he said that he only moved out three wide after Mr. Wolfenden’s horse galloped. Mr. Cooney pointed to Mr. Wolfenden’s horse being field shy, the fact that there was no contact and that he believed that there was sufficient room for Mr. Wolfenden’s horse.
--DECISION.
--After viewing the films again on several more occasions we were satisfied that the charge had been proven.
--The parties were asked to make submissions on penalty and Mr. Muirhead submitted that a fine of $750.00 was appropriate because Mr. Wolfenden’s horse lost all show and it was at a premier meeting. Mr. Muirhead did acknowledge that there were some mitigating factors and did acknowledge Mr. Cooney’s good record. Mr. Cooney again pointed to Mr. Wolfenden’s horse and still believed that he drove correctly.
--In assessing penalty the panel took into account the following: A. the evidence as a whole. B. the continued outwards movement of Mr. Cooney, and that the film showed Mr. Cooney continued to drive his horse outwards and to almost not take any notice of the position of Mr. Wolfenden’s horse. C. the mitigating factors that were put to us. D. the submissions of the parties.
--In considering this matter as a whole the committee imposes a fine of $500.00 on Mr. Cooney.
----
BJ Scott
--Chairman
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: 8d8c0ecefbfdef522b4c4cde13baf385
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 21/12/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 21 December 2007 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information was lodged by Stipendiary Steward Mr. J M Muirhead against horseman Mr. F Cooney alleging that Mr. Cooney drove MARIA’S REIGN carelessly
--
RACE NO:
2 INFORMATION NO: 66694 RULE NO: 869(3) (b)--An information was lodged by Stipendiary Steward Mr. J M Muirhead against horseman Mr. F Cooney alleging that Mr. Cooney drove MARIA’S REIGN carelessly by improving outwards and cramping SUPREME ROCKET (G Wolfenden) for room inside COSTALOT (A Herlihy) causing SUPREME ROCKET to break and lose its chance with three hundred metres to run.
--Mr. Cooney did not admit the breach and was present at the hearing.
--The relevant rule was read to Mr. Cooney and he acknowledged that he understood it.
--Mr. Muirhead demonstrated the incident by use of the video film and he was able to show the incident from several angles. Mr. Muirhead showed where Mr. Cooney was racing on the fence prior to the three hundred metre mark and he moved one off the fence and then kept coming wider and in Mr. Muirhead’s opinion was aiming to get on the back of Mr. Grayling who at this stage was four wide. Mr. Muirhead showed that COSTALOT was outside SUPREME ROCKET and as a result of the outwards movement of Mr. Cooney there was insufficient room for SUPREME ROCKET and hence its broke and lost his chance. Mr. Muirhead pointed out that Mr. Herlihy on COSTALOT kept to his line as he was entitled to do.
--Mr. Muirhead then called Mr. G Wolfenden the driver of SUPREME ROCKET to give evidence. Mr. Wolfenden confirmed that his horse had got tightened and it went out of its gear and broke. Mr. Wolfenden did say that his horse was very field shy and had had problems before and it is a tricky horse to drive. Mr. Wolfenden said that there was no contact but he did confirm that the situation had got very tight as a result of Mr. Cooney’s outwards movement. Mr. Wolfenden also confirmed that he had to restrain his horse.
--Mr. Wolfenden also suggested that Mr. Herlihy might’ve moved inwards but after viewing the films again he confirmed that Mr. Herlihy had kept a straight line.
--Mr. Cooney then called Mr. A G Herlihy the driver of COSTALOT. Mr. Herlihy confirmed that he was improving around on the outside of Mr. Wolfenden’s horse and saw it break. Mr. Herlihy saw that the horse was coming through the gap and took the view that Mr. Wolfenden’s horse thought that it was going to get tightened and then it broke.
--Mr. Cooney gave evidence and he acknowledged that he came out from the rails position but he said that he was not intent on getting on Mr. Grayling’s back. Mr. Cooney said that he only came out in one place and then thought he might’ve moved out marginally further but he said that he only moved out three wide after Mr. Wolfenden’s horse galloped. Mr. Cooney pointed to Mr. Wolfenden’s horse being field shy, the fact that there was no contact and that he believed that there was sufficient room for Mr. Wolfenden’s horse.
--DECISION.
--After viewing the films again on several more occasions we were satisfied that the charge had been proven.
--The parties were asked to make submissions on penalty and Mr. Muirhead submitted that a fine of $750.00 was appropriate because Mr. Wolfenden’s horse lost all show and it was at a premier meeting. Mr. Muirhead did acknowledge that there were some mitigating factors and did acknowledge Mr. Cooney’s good record. Mr. Cooney again pointed to Mr. Wolfenden’s horse and still believed that he drove correctly.
--In assessing penalty the panel took into account the following: A. the evidence as a whole. B. the continued outwards movement of Mr. Cooney, and that the film showed Mr. Cooney continued to drive his horse outwards and to almost not take any notice of the position of Mr. Wolfenden’s horse. C. the mitigating factors that were put to us. D. the submissions of the parties.
--In considering this matter as a whole the committee imposes a fine of $500.00 on Mr. Cooney.
----
BJ Scott
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 23cee67305e9f54527546735fc946a7b
race_expapproval:
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race_emailed1: 0
race_emailed2: 0
race_title: Race 2
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meetid: 4d74c55cf31734e3e1730bc223bc6e8c
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/12/2007
meet_title: Auckland TC - 21 December 2007
meet_expappcomment:
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tracklocation: auckland-tc
meet_racingtype: harness-racing
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name: Auckland TC