Methven TC – 12 December 2004 – Race 11

Following the running of Race 11 an information was lodged by the Stipendiary Stewards alleging that P N Jones [Glencoe Macdonald] breached rule 870 (1) (2) (a) in that he failed to take Glencoe Macdonald clear of the field when in break.

At the outset of the hearing, Mr Jones, confirmed he denied the breach. Mr Escot chief Stipendiary Steward in opening the case for the Stipendiary Stewards said that Mr Jones had initially complied with the rules but the breach had occurred when his horse moved back down onto the rails. Mr Larkin demonstrated the incident with the assistance of the video evidence and said that when Glencoe Macdonald broke Mr Jones initially took him clear of the field allowing the runners immediately behind to move through on the inside, Glencoe Macdonald then moved back in towards the fence and remained in that position for forty to fifty metres inconveniencing runners moving from the back of the field which had to move round Glencoe Macdonald which finally settled back into stride. He also said that the actions of Mr Jones put the drivers of the horses moving forward in two minds as to what they should do. He emphasised that the obligation on Mr Jones, under the rules, was to take his horse clear of the field and remain clear until such time as his horse regained its gait. Mr Jones, in questioning Mr Larkin, asked whether he had observed the horse running in of its own account. In response Mr Larkin said that Mr Jones was an experienced horseman and he should have ensured that his horse remained in the position required under the rules. He did not accept that the actions of the horse were responsible for the alleged breach.

Mr Jones, in his evidence, said that after Glencoe Macdonald left stride he moved the horse wider to allow the horses following to move through on the inside and as his horse approached the apex of the turn it lugged in and he could not keep it out in a position clear of the field. The Chairman had the rule re read to Mr Jones, who advised that, he did not wish to make any further submissions.

The Committee after considering the evidence of the Stipendiary Stewards and of Mr Jones is of the view that Mr Jones, although initially complying with his obligation under the relevant rules either allowed or moved his horse back inwards while Glencoe Macdonald was still in a break and in doing so a breach of the relevant rules occurred. The Committee acknowledges that Mr Jones may have had a difficult drive, but accepts Mr Larkin's submissions that Mr Jones, as a senior and experienced driver, should have been able to keep his horse clear of the field as required under the relevant rules.

With regard to penalty Mr Escott submitted that the penalty sought by the Stipendiary Stewards was a monetary one only and left the Committee to decide the actual amount. Mr Jones for his part suggested that no penalty should be imposed.

The Committee imposes a penalty of $200.00.