NZ Metro TC 14 February 2020 – R 1 – Chair, Mr R G McKenzie

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hearing_racingtype: harness-racing

startdate: 14/02/2020

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hearing_title: NZ Metro TC 14 February 2020 - R 1 - Chair, Mr R G McKenzie

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: N M Ydgren, Chief Stipendiary Steward

Respondent: J W Cox, Licensed Open Driver

Information No: A12365

Meeting: New Zealand Metropolitan Trotting Club

Date: 14 February 2020

Venue: Addington Raceway, Christchurch

Race: 1

Rule No: 869 (3) (d)

Judicial Committee: R G McKenzie, Chairman – S C Ching, Panellist

FACTS:

Following the running of Race 1, Fahey Fence Hire Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J W Cox, alleging that Mr Cox, as the driver of DIEGO in the race, “drove dangerously near the 100 metres by shifting his runner inwards to make contact with MEMPHIS TENNESSEE (T S Chmiel).

Mr Cox had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information. The Committee explained to him the serious nature of a breach of the rule and the likely consequences in the event that he admitted it or it was found proved. He indicated that he admitted the breach and wished the charge to be heard on this night. The Committee indicated to the parties that it would hear the charge but adjourn the matter of penalty.

Rule 869 provides as follows:

(3) No horseman in any race shall drive-

(d) dangerously.

SUBMISSION(S):

Mr Ydgren showed three available video replays (side-on, head-on and rear-on) of the final 200 metres of the race. He pointed out DIEGO, driven by Mr Cox, racing in about 8th position passing the 100 metres and MEMPHIS TENNESSEE, driven by Mr Chmiel racing to his inside. Ahead of these two runners was EUREKA (T M Williams).

Soon after there was a contesting for position when Mr Chmiel attempted to shift his runner wider into clear running. Mr Cox then made a movement inwards to contact Mr Chmiel’s runner.

Mr Ydgren pointed out Mr Chmiel get held up behind EUREKA and then shifted out onto the back of KRUIZR (C J DeFilippi) and attempted to come wider. Mr Cox, through use of the left rein, angled his horse back inwards. Mr Ydgren pointed out Mr Cox pulling hard on his left rein to turn his horse back inwards abruptly and make contact with Mr Chmiel’s horse and sulky and put him right across the sulky wheel of Mr Williams’ runner. Mr Cox had placed his own runner and Mr Chmiel’s runner in “quite a dangerous position”. The rear-on video replay showed the exaggerated action of Mr Cox’s left arm and the abrupt nature of the shift by him onto Mr Chmiel. Mr Chmiel had nowhere to go and was quite forcefully shifted inwards. The Committee noted that Mr Cox’s runner galloped to the finishing line and Mr Chmiel’s galloped for a few strides before settling back into a pace.

Mr Cox said that he explained to Stewards after the race that he did not do it intentionally. It was not his intention to drive dangerously or to knock anybody over or to cause such a “drastic outcome”. He accepted that it did not look good on the video replays and thus he was admitting the breach. He had been trying to hold his position, he said, and there was an element of overreaction on his part.

DECISION:

Mr Cox having admitted the charge, the charge was found proved.

PENALTY:

Penalty was reserved and the Committee ordered that the Stewards have until Friday, 21 February 2020, to file written penalty submissions with the Executive Officer of the Judicial Control Authority. Those submissions are to be served on Mr Cox who will have until Friday, 28 February 2020, to file his written penalty submissions.

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hearing_type: Old Hearing

Rules: 869(3)(d)

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