Kumeu TC – 15 December 2009 –

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hearing_racingtype: harness-racing

startdate: 15/12/2009

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hearing_title: Kumeu TC - 15 December 2009 -

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KUMEU DISTRICT TROTTING CLUB

RACEDAY JUDICIAL COMMITTEE DECISIONS

TUESDAY 15TH DECEMBER 2009

JCA PANEL: BJ Scott – Chairman
                       BJ Rowe – Committee

RACE NO:      2 INFORMATION NO: 67741  RULE NO:   857(7)(j)

An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr RJ Brosnan the Driver of Foxtrot Jack by pulling up his horse did trust to chance that a false start would be declared.

KUMEU DISTRICT TROTTING CLUB

RACEDAY JUDICIAL COMMITTEE DECISIONS

TUESDAY 15TH DECEMBER 2009

JCA PANEL: BJ Scott – Chairman
                       BJ Rowe – Committee

RACE NO:      2 INFORMATION NO: 67741  RULE NO:   857(7)(j)

An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr RJ Brosnan the Driver of Foxtrot Jack by pulling up his horse did trust to chance that a false start would be declared.

Mr Brosnan did not admit the charge and was present at the Hearing.   Rule 857(7)(j) provides:

 “No Horseman shall trust to chance that a false start shall be declared.”

Mr Muirhead also referred to part 7 of the Race Starting Procedures Regulations.   This provides:

“In the event of a false start, the Starter shall give notification to the Horseman by whistle.   The Clerk of the Course shall be in such a position on the track to relay advice of the false start to the Horsemen.”

Mr Muirhead in giving his evidence advised this Committee that approximately 200 metres after the start of the race he saw Mr Brosnan pull up Foxtrot Jack and although Mr Brosnan subsequently continued on with his horse it was only at a moderate pace and in fact his horse was lapped.   Mr Muirhead stated that by his actions Mr Brosnan had effectively pulled his horse up and as a result he had taken a chance that a false start would be declared.

Mr Muirhead did however acknowledge that there were unusual circumstances in this race.

The films of the incident were then shown to the Committee and Mr Muirhead demonstrated the start and the various incidents that took place particularly in the first 200 metres.

We were shown several films which showed the start and the first 200 or so metres from several different angles.   The films disclosed that although most of the horses started correctly that very soon afterwards there was an incident where the 2 horse broke and ran into the 1 horse and dislodged the Driver from the sulky and several other horses broke and caused interference to numerous other horses.   This was all in about 100 – 150 metres after the start.

The film also showed that Mr Brosnan’s horse which was already on the number 2 unruly position on 30 metres refused to begin when the Starter let the horses go.   In fact Mr Brosnan was standing in his sulky when the Barrier Strands were released and the film showed that Mr Brosnan had to chase up his horse and that a Starter’s Assistant came across and waved his arms trying to get Mr Brosnan’s horse to move but it would not do so for some time.   When Mr Brosnan’s horse finally moved it was somewhere between 180 – 200 metres behind the field.  Once Mr Brosnan had his horse underway then after about 200 metres he caught up with two or three horses that were either in the act of being pulled up or at the very least were trotting very slowly.   The film showed that after Mr Brosnan went past the winning post for the first time he was easing his horse down and from there on he trotted at a moderate pace and was subsequently lapped.

Mr Muirhead told this Committee that the Stipendiary Steward’s view was that Mr Brosnan should have continued on in the race and should have made an effort to be competitive while his horse was capable of doing so.   Mr Muirhead said that the Stipendiary Steward’s view was that anything could happen in a race (as it had happened in this race) and that he might have ultimately got into a stake bearing place.

Mr Brosnan was given the opportunity to cross examine Mr Muirhead but he only asked if the camera could show his horse after it had gone around the first bend and from there on.   The cameras did not adequately show this.

Mr Muirhead then called Mr Colin Courtney, the Starter.   Mr Courtney said that he had lined up the horses in the normal manner and once they were lined up he let the horses go and the only horse that was in difficulty was Mr Brosnan’s horse because it refused to go.

Mr Courtney said that as far as he was concerned it was a clean start and that he had taken no steps whatsoever to call a false start and had not given any indication of doing so.   He advised this Committee of the procedure that he takes if a false start is declared and that procedure is in line with part 7 of the Race Starting Procedures Regulations.   Mr Courtney did say that after the field had gone some 100 – 150 metres he did hear some Horseman calling out that it was a false start but as far as was concerned it was not a false start.

Mr Brosnan accepted this evidence.

Mr Brosnan for his part said that his horse refused to move at the start.   He also pointed out that there was a Starter’s Assistant waving his hands to try and get his horse to move but in fact that made matters worse.   He then asked one of the Assistants to lead his horse forwards to get it to begin and he said that once he began he was approximately 200 metres behind the field.

In Brosnan’s view his race was over at that stage and the Committee noted that this was a 2200 metre race.

Mr Brosnan said that he decided to go on and he heard the Commentator call a false start and as he got up alongside other horses by the Winning Post he heard those Drivers say that it was a false start.   He told this Committee that he had eased his horse down to hear what the other Drivers were saying but he realised that it was not a false start and he let his horse go on although as far as he was concerned his race was over.   This was because he had lost so much ground at the start and he had no show of being competitive.   He didn’t push his horse hard because as far as he was concerned there was no point and he acknowledged that he had been lapped and he said that he did not complete the last lap because the race had actually finished at that stage.

Mr Brosnan had already told this Committee that as far as he was concerned it was his horse that was at fault and he merely trotted around the racetrack when he knew that he horse was not competitive.

In answer to questions from Mr Muirhead, Mr Brosnan confirmed his evidence and he confirmed that when he was seen to be easing his horse it was only to listen to what the other Drivers were saying but then he continued on.

Mr Brosnan also had asked Mr Muirhead if Drivers get charged like this every time a horse gets pulled up.

Decision and Reasons

The Committee reviewed the films again and it is fair to say that the first 200 metres of this race was a shambles.   The situation in Mr Brosnan’s case was not helped by his horse’s refusal to start and the Committee acknowledges that once he had got underway then Mr Brosnan’s race was effectively over.   The race was only 2200 metres and Mr Brosnan’s horse added nearly 200 metres to its 30 metre handicap.

Mr Brosnan had accepted that it was not a false start but then he was confused by what he saw and heard.   In front of him, once his horse had finally begun, he could see the field going in all directions and he was confused by what the other Drivers had said.

The situation was certainly not helped by the Race Day Commentator who had told everybody that this was a false start when in fact it wasn’t.   The Drivers might have assumed that the Commentator was able to look back and to see something that the Drivers had missed but in actual fact not only was the Starter, Mr Courtney happy with the start, he did not take any steps whatsoever to call a false start and over the early stages of the race the Clerk of the Course had not made any movement to tell the Drivers that it was a false start.

In the Committee’s view Mr Brosnan’s actions were those of a Driver who realised that his chances had been extinguished at the start and although he had slowed down initially he then continued on to at least try to finish the race.

Mr Brosnan was advised that he was given the benefit of the doubt because of the actions of his horse and all the confusion surrounding the early part of the race and on the balance of probabilities the charge has not been proven and accordingly is dismissed.

BJ Scott         BJ Rowe
CHAIR           Committee Member
67741

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Rules: 857.7.j

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