Morrinsville TC – 18 January 2008 – Race 9
ID: JCA21996
Hearing Type (Code):
harness-racing
Meet Title:
Morrinsville TC - 18 January 2008
Race Date:
2008/01/18
Race Number:
Race 9
Decision:
The information charged Horseman Mr P Young in Race 9 with driving IWI ALEX carelessly, striking the wheel of the sulky of SUMMER MAN
The information charged Horseman Mr P Young in Race 9 with driving IWI ALEX carelessly, striking the wheel of the sulky of SUMMER MAN (Driver D Gibbons), causing IWI ALEX to break from its gait. This in turn caused interference to BRAIG (T Mitchell) and POMPALLIER (Driver R Brosnan). The incident occurred with approximately 1300 metres to run.
----Mr Young appeared and denied the charge.
----Stipendiary Steward Mr J Muirhead gave evidence of his observations from the entrance to the straight. He said that with approximately 1400 metres to run he saw Mr Gibbons on SUMMER MAN had taken off three wide and on his back was Mr Young. Both horses were improving around the field when SANCHIPOLA (Driver R Downey) moved from one off the fence to three wide. Mr Gibbons moved out marginally because of his momentum and then came back down onto Mr Downey's back.
----As Mr Gibbons moved out Mr Young's horse which was travelling pretty well had improved up inside his wheel just as Mr Gibbons dropped back down onto the sulky of Mr Downey.
--In Mr Muirhead's opinion if Mr Young had been watching what was going on he would have followed Mr Gibbons out and thus have avoided running into his sulky.
----Mr Young Horse broke after striking the sulky of Mr Gibbons and this resulted in the favourite BRAIG (T Mitchell) and POMPALLIER (R Brosnan) immediately behind to be badly checked
----Mr Muirhead said that when Mr Downey moved out there was sufficient room to move although Mr Gibbons with Mr Young on his back was improving quickly. He did not believe there was a breach of the pushout rule.
----Mr Muirhead referred to video footage of the race to support his observations
----Mr Gibbons gave evidence of making ground around the field fairly quickly getting up near the leaders when SANCHIPOLA came out of the one one and he had to check his horse and come back and get on his back to avoid being forced 4 wide. As he eased to go back in something hit the back of his cart. He didn't expect the manoeuvre although it happens quite a lot in racing. He did not expect Downey's movement warranted further enquiry.
----Mr Young said the suggestion that he should have followed Mr Gibbons rather than attempting to move inside didn't take into account that he was driving the hardest pulling horse in the North Island it was quite easy to get into trouble with it combined with a new bit he hadn't driven with before. The horse had bolted on previous occasions with two very experienced horsemen.
----DECISION AND PENALTY
----Having listened to all the evidence I am satisfied that there has been an element of carelessness by Mr Young. The decision is supported mainly by the fact that the driver in front of you was able to avoid the outwards movement of Mr Downey and Mr Taumanu's contention that by staying behind Mr Gibbons' sulky you would have avoided striking it.
----It is at the lower end of the scale and there are some mitigating circumstances but you do have obligations as a driver and on this occasion you fell short of those.
----Mr Taumanu, in submissions on penalty, said he was looking for a three week suspension or a fine of five hundred dollars in taking into account the race was a top grade trotting race for a purse of $20,000, the consequential effects of the other runners including the favourite BRAIG and POMPALLIER which were totally eliminated as well as Mr Young's own horse. Mr Young normally drove twice in a meeting. He had an excellent record.
----Mr Young submitted his preference for a fine.
----Taking into account these submissions Mr Young was fined $450.00.
----
J Holloway
--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: adf75e2da50e2f27be181d6931620b67
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 18/01/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Morrinsville TC - 18 January 2008 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The information charged Horseman Mr P Young in Race 9 with driving IWI ALEX carelessly, striking the wheel of the sulky of SUMMER MAN
The information charged Horseman Mr P Young in Race 9 with driving IWI ALEX carelessly, striking the wheel of the sulky of SUMMER MAN (Driver D Gibbons), causing IWI ALEX to break from its gait. This in turn caused interference to BRAIG (T Mitchell) and POMPALLIER (Driver R Brosnan). The incident occurred with approximately 1300 metres to run.
----Mr Young appeared and denied the charge.
----Stipendiary Steward Mr J Muirhead gave evidence of his observations from the entrance to the straight. He said that with approximately 1400 metres to run he saw Mr Gibbons on SUMMER MAN had taken off three wide and on his back was Mr Young. Both horses were improving around the field when SANCHIPOLA (Driver R Downey) moved from one off the fence to three wide. Mr Gibbons moved out marginally because of his momentum and then came back down onto Mr Downey's back.
----As Mr Gibbons moved out Mr Young's horse which was travelling pretty well had improved up inside his wheel just as Mr Gibbons dropped back down onto the sulky of Mr Downey.
--In Mr Muirhead's opinion if Mr Young had been watching what was going on he would have followed Mr Gibbons out and thus have avoided running into his sulky.
----Mr Young Horse broke after striking the sulky of Mr Gibbons and this resulted in the favourite BRAIG (T Mitchell) and POMPALLIER (R Brosnan) immediately behind to be badly checked
----Mr Muirhead said that when Mr Downey moved out there was sufficient room to move although Mr Gibbons with Mr Young on his back was improving quickly. He did not believe there was a breach of the pushout rule.
----Mr Muirhead referred to video footage of the race to support his observations
----Mr Gibbons gave evidence of making ground around the field fairly quickly getting up near the leaders when SANCHIPOLA came out of the one one and he had to check his horse and come back and get on his back to avoid being forced 4 wide. As he eased to go back in something hit the back of his cart. He didn't expect the manoeuvre although it happens quite a lot in racing. He did not expect Downey's movement warranted further enquiry.
----Mr Young said the suggestion that he should have followed Mr Gibbons rather than attempting to move inside didn't take into account that he was driving the hardest pulling horse in the North Island it was quite easy to get into trouble with it combined with a new bit he hadn't driven with before. The horse had bolted on previous occasions with two very experienced horsemen.
----DECISION AND PENALTY
----Having listened to all the evidence I am satisfied that there has been an element of carelessness by Mr Young. The decision is supported mainly by the fact that the driver in front of you was able to avoid the outwards movement of Mr Downey and Mr Taumanu's contention that by staying behind Mr Gibbons' sulky you would have avoided striking it.
----It is at the lower end of the scale and there are some mitigating circumstances but you do have obligations as a driver and on this occasion you fell short of those.
----Mr Taumanu, in submissions on penalty, said he was looking for a three week suspension or a fine of five hundred dollars in taking into account the race was a top grade trotting race for a purse of $20,000, the consequential effects of the other runners including the favourite BRAIG and POMPALLIER which were totally eliminated as well as Mr Young's own horse. Mr Young normally drove twice in a meeting. He had an excellent record.
----Mr Young submitted his preference for a fine.
----Taking into account these submissions Mr Young was fined $450.00.
----
J Holloway
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: aece4b78cc0860423aca55db17bc9c2b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
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race_km:
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meetid: 25443b056a7ddc54f3410e921c386ee8
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/01/2008
meet_title: Morrinsville TC - 18 January 2008
meet_expappcomment:
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tracklocation: morrinsville-tc
meet_racingtype: harness-racing
meet_chair:
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name: Morrinsville TC