Kapiti Coast HRC – 30 January 2009 – Race 9

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hearing_racingtype: harness-racing

startdate: 30/01/2009

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decisiondate: no date provided

hearing_title: Kapiti Coast HRC - 30 January 2009 - Race 9

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(Appeal pending)

Following the running of race 9, Stipendiary Steward Mr T TAUMANU laid an information alleging a breach of Rule 868(2) against Driver Mr B CROWLEY charging him with failing to take all reasonable and permissible measures to ensure his horse was given full opportunity to win the race or obtain the best possible position or finishing place.

(Appeal pending)

Following the running of race 9, Stipendiary Steward Mr T TAUMANU laid an information alleging a breach of Rule 868(2) against Driver Mr B CROWLEY charging him with failing to take all reasonable and permissible measures to ensure his horse was given full opportunity to win the race or obtain the best possible position or finishing place.

Mr Crowley appeared in answer to the charge which he denied.

Mr Taumanu relayed his observations of the race from the stewards position.  He told the hearing Mr Crowley was the driver of horse 4 Speedstar in the mobile 2000 metre race.  A short way into the race Mr Crowley ended up in the preferred one out and one back position.  He was in that position until about 1200 metre from the finish when for no apparent reason he moved his horse out three wide to apparently improve but instead of attacking the leader and favourite he went for the parked out position where he sat without challenging for the lead and control of the race.

There was nothing improving around him at the time he made the move and if there was, the race was nearing the 1000 metre mark at which time Mr Crowley could legitimately force wider on the track any challenger improving on his outside without breaching the push out rule. To move when he did was in Mr Taumanu’s view a case of very bad judgement.

He sat there until swinging for home and then tried to improve his horse but was not over vigorous in his efforts resulting in his horse running home 4th.. With the same horse in its previous race at Cambridge he had been verging on excessively vigorous in the run home.  When spoken to regarding his actions Mr Crowley could not justify his behaviour during the running of this race.

Mr Taumanu's major concern with Mr Crowley’s actions was why he would move from the ideal position that far from the finish to sit parked out without even challenging the leader. If he had wanted to increase the tempo of the race Mr Crowley should have pressed forward and taken the lead.  The leader would either hand up the lead or react and fight off the challenge which would then allow Mr Crowley to move into the trail or have forced him to remain parked outside the leader.

In respect to the drive home his concern was the delay in Mr Crowley's response with the whip until at least halfway down the home straight.

Stipendiary Steward Mr Renault, referring to footage of the race then indicated the actions as described by Mr Taumanu.  At no stage did Mr Crowley challenge Mr Butt on the favourite leaving him in complete control of speed and tactics of the race.  In the turn for home he indicated where Mr Crowley intially reined the horse and began using the whip with his left hand about halfway down the home straight, after the point that other challengers were improving around him.

Mr Crowley told the hearing he was a graduation driver with about 22 or 23 race drives.  He explained that he had the horse from day one and he knew the way the horse runs and that it doesn’t have a sprint finish.  He had discussed tactics with the trainer who could not be present at the race meeting and they had agreed that a race of this distance would include horses who could sprint..  It was agreed that he should keep the horse in the race in a position where they could keep the tempo of the race going.

In the one one he felt because in past history he had always been blocked for a run at the end and wanted to be in a position to give the horse every opportunity. When he got to the parked position he felt he would keep the tempo of the race going and run the sprint out of the other horses.  He felt he was travelling very well and he felt it was the best way to race that horse  and had that confirmed with senior horsemen.

At the top of the straight the horse felt good and he reined him and he picked up well, halfway down the straight he felt he might have been coming to the end of it and he then used the whip and in his opinion the horse fought on strongly.  At the point where others were improving around him halfway down the straight Mr Crowley felt that the horse was performing at his peak.

Mr Taumanu in final submissions reiterated that the movement from the one out one back position which was the preferred position for every driver, was strange.  Mr Crowley when he left that position never put the pressure on Mr Butt to see if he could increase the tempo  and then slot in and either get the trail and the use of the passing lane or actually see if Mr Butt wanted to hand up the lead and let him go to the front.  Instead he merely moved up and sat by his wheel which was strange. Because he was not a sprint horse he could have challenged for the lead and controlled the tempo of the race more strongly.

 He submitted Mr Crowley knew how a race was run and his racing experience was no excuse for his manner of driving.  Discussions on tactics with the trainer may have had a bearing on the start of the race but as the race unfolds plans for the race change throughout.  Most instructions in his experience related more to the horse's idiosyncrasies which the driver should be aware of to assist him during the race.

Mr Crowley in closing said he had received a phone call from the trainer congratulating him on the drive and in what he had been able to achieve and that he had got into a position where he had been able to progress without interference.

DECISION AND REASONS

Having listened to all evidence and submissions and from viewing the tapes the committee is satisfied that the charge is proven.

We find that you ' failed to take all reasonable and permissible measures at all times during the race to ensure your horse was given full opportunity to  win the race or obtain the best possible position and/or finishing place' and therefore puts you in breach of Rule 868(2)

We base our decision on the observations of Mr Taumanu and his evidence which satisfied us that your actions from the time you moved out from the one one position to sit parked outside the leader and race favourite, with more than 1000 metres to run, without then going on to challenge for the lead, was without merit in tactics or purpose.  Your stated intention in moving out was to control the tempo of the race but in sitting outside the leader without challenging did not allow you the control sought or achieve your objective.  In effect you moved from in Mr Taumanu’s terms " the perfect position sought by drivers" into a worse position without fulfilling your intentions to take the sprint effect out of the  other race contenders through your control of the race.

Your actions over the concluding stages of the race did not necessarily assist your horse to perform to its optimum but we see this as more of a display of lack of experience than further evidence of a breach of rule 868(2).  Your horse, when whipped, responded in a manner which suggested such action earlier may have improved your finishing position.

Other parties including the betting public demand that drivers fulfil their responsibilities to the best of their ability within the guidelines of the Rules of Harness Racing

PENALTY

Mr Taumanu recommended that the penalty for this offence would be in the range of a $500 fine and/or 1 months suspension.  Mr Crowley had no previous breaches and drove infrequently.

Mr Crowley asked for suspension as opposed to a fine as he would perhaps have 5 or so drives within the next month.

The committee having regard to these submissions and the impact of suspension ordered that Mr CROWLEY be suspended from driving until the 28th February 2009 and pay a fine of $100.00

Jeff Holloway    Tom Castles

Committee

1st February 2009

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hearing_type: Old Hearing

Rules: 868.2

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race_title: Race 9

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meetdate: 30/01/2009

meet_title: Kapiti Coast HRC - 30 January 2009

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