Kumeu TC – 15 December 2009 –
ID: JCA22424
Hearing Type (Code):
harness-racing
Decision:
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: 67745 RULE NO: 857(7)(j)
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Junior Horseman Mr R Downey the Driver of Boys R Best by pulling his horse up 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: 67745 RULE NO: 857(7)(j)
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Junior Horseman Mr R Downey the Driver of Boys R Best by pulling his horse up did trust to chance that a false start would be declared.
--Mr Downey did not admit the charge and was present at the Hearing. Mr Downey was supported by Senor Horseman Mr PC Ferguson.
--Rule 867(7)(j) and part 7 of the Race Starting Procedures Regulations were read to Mr Downey and he acknowledged that he understood them.
--Rule 867(7)(j) provides:
--“No Horseman shall trust to chance that a false start shall be declared.”
--Part 7 of the Regulations 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.”
--At the outset of the Hearing Messrs Downey and Ferguson accepted that there was not a false start in this race.
--Mr Muirhead gave evidence by use of the video film. He showed that Mr Downey’s horse had drawn 2 and at the start it trotted away but soon thereafter broke badly from it gait and it careered inwards and interfered with the horse that had drawn 1 and dislodged its Driver from the sulky. Mr Muirhead then said that Mr Downey endeavoured to get his horse back into a trot and had some difficulty in doing so and that he was advised by Mr Downey that he had heard Mr Argue (one of the other Drivers) and the Course Commentator say that it was a false start.
--Mr Downey can be seen on the film to pull his horse up and he took no part in the race.
--Mr Muirhead said that the Stipendiary Stewards position was that even though Mr Downey had lost ground that it was not for him to simply pull his horse up but he should have made an effort to carry on and finish the race. Mr Muirhead advised this Committee that by his actions Mr Downey had taken a chance that a false start would be declared.
--Mr Downey was given the opportunity to cross examine Mr Muirhead and in answer to a question Mr Muirhead said that the Rules provide that even though you have lost ground, a Driver has to keep going. He confirmed that it was not up to the Driver to decide whether to pull a horse up or not.
--Mr Downey in his evidence told this Committee that his horse had galloped about three times in the first 200 metres and it had caused interference to All Muscles (drawn 1) and had dislodged its Driver and after that it had continued on in a break despite Mr Downey’s efforts to try to get it trotting again and had careered into the centre of the track and interfered with other horses. Mr Downey told this Committee that he had tried his best to get his horse to continue to trot but that it refused to do so and as far as Mr Downey was concerned it had lost any chance in the race and he had decided to pull it up.
--Mr Downey told this Committee that he had decided to pull the horse up even before he heard any suggestion of a false start.
--Mr Downey said that when he got up towards the Winning Post for the first time Mr Argue told him it was a false start and as far as Mr Downey was concerned he thought that that was good because he was going to pull his horse up anyway and that he might get a second chance.
--In answer to a question from Mr Muirhead, Mr Downey acknowledged that he had not told the Stipendiary Stewards that he had decided to pull his horse up prior to hearing from Mr Argue. He confirmed that he had heard from Mr Argue that it was a false start but he did acknowledge to Mr Muirhead that he knew it was his job to continue on where possible. In this instance Mr Downey said that his chances had been extinguished by his horse’s actions and there was no point in continuing on.
--Mr Downey was asked by this Committee why he had not told the Stipendiary Stewards that he had decided to pull his horse up in the first instance and his answer was that he had not been asked that question.
--Mr Muirhead said that in summary that although Mr Downey’s horse played up and he was attempting to regain its gait and although he heard Mr Argue say that it was a false start, the Rules say that he has to keep going and it is not for him to decide whether to pull his horse up or not.
--Decision and Reasons
--This again is a situation in this race where there was considerable confusion over the early part of the race and for Mr Downey’s part his horse did have problems in that once it had broken it refused to trot from then on.
--Mr Downey acknowledged at the start that it wasn’t a false start and he had advised this Committee that he had already decided to pull his horse up before he had heard any comment about a likely false start.
--Mr Downey was straightforward in giving his evidence to this Committee and because of all the circumstances he is entitled to the benefit of the doubt. The Committee takes the view that the charge is not proven and accordingly is dismissed.
--In doing so the Committee however reminds Mr Downey of his obligations as a Horseman and his obligations to finish the race.
--
BJ Scott BJ Rowe
CHAIR Committee Member
67745
Decision Date: 15/12/2009
Publish Date: 15/12/2009
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: ca7adc7610050d790b3a03acf4463567
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/12/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 15 December 2009 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
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: 67745 RULE NO: 857(7)(j)
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Junior Horseman Mr R Downey the Driver of Boys R Best by pulling his horse up 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: 67745 RULE NO: 857(7)(j)
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Junior Horseman Mr R Downey the Driver of Boys R Best by pulling his horse up did trust to chance that a false start would be declared.
--Mr Downey did not admit the charge and was present at the Hearing. Mr Downey was supported by Senor Horseman Mr PC Ferguson.
--Rule 867(7)(j) and part 7 of the Race Starting Procedures Regulations were read to Mr Downey and he acknowledged that he understood them.
--Rule 867(7)(j) provides:
--“No Horseman shall trust to chance that a false start shall be declared.”
--Part 7 of the Regulations 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.”
--At the outset of the Hearing Messrs Downey and Ferguson accepted that there was not a false start in this race.
--Mr Muirhead gave evidence by use of the video film. He showed that Mr Downey’s horse had drawn 2 and at the start it trotted away but soon thereafter broke badly from it gait and it careered inwards and interfered with the horse that had drawn 1 and dislodged its Driver from the sulky. Mr Muirhead then said that Mr Downey endeavoured to get his horse back into a trot and had some difficulty in doing so and that he was advised by Mr Downey that he had heard Mr Argue (one of the other Drivers) and the Course Commentator say that it was a false start.
--Mr Downey can be seen on the film to pull his horse up and he took no part in the race.
--Mr Muirhead said that the Stipendiary Stewards position was that even though Mr Downey had lost ground that it was not for him to simply pull his horse up but he should have made an effort to carry on and finish the race. Mr Muirhead advised this Committee that by his actions Mr Downey had taken a chance that a false start would be declared.
--Mr Downey was given the opportunity to cross examine Mr Muirhead and in answer to a question Mr Muirhead said that the Rules provide that even though you have lost ground, a Driver has to keep going. He confirmed that it was not up to the Driver to decide whether to pull a horse up or not.
--Mr Downey in his evidence told this Committee that his horse had galloped about three times in the first 200 metres and it had caused interference to All Muscles (drawn 1) and had dislodged its Driver and after that it had continued on in a break despite Mr Downey’s efforts to try to get it trotting again and had careered into the centre of the track and interfered with other horses. Mr Downey told this Committee that he had tried his best to get his horse to continue to trot but that it refused to do so and as far as Mr Downey was concerned it had lost any chance in the race and he had decided to pull it up.
--Mr Downey told this Committee that he had decided to pull the horse up even before he heard any suggestion of a false start.
--Mr Downey said that when he got up towards the Winning Post for the first time Mr Argue told him it was a false start and as far as Mr Downey was concerned he thought that that was good because he was going to pull his horse up anyway and that he might get a second chance.
--In answer to a question from Mr Muirhead, Mr Downey acknowledged that he had not told the Stipendiary Stewards that he had decided to pull his horse up prior to hearing from Mr Argue. He confirmed that he had heard from Mr Argue that it was a false start but he did acknowledge to Mr Muirhead that he knew it was his job to continue on where possible. In this instance Mr Downey said that his chances had been extinguished by his horse’s actions and there was no point in continuing on.
--Mr Downey was asked by this Committee why he had not told the Stipendiary Stewards that he had decided to pull his horse up in the first instance and his answer was that he had not been asked that question.
--Mr Muirhead said that in summary that although Mr Downey’s horse played up and he was attempting to regain its gait and although he heard Mr Argue say that it was a false start, the Rules say that he has to keep going and it is not for him to decide whether to pull his horse up or not.
--Decision and Reasons
--This again is a situation in this race where there was considerable confusion over the early part of the race and for Mr Downey’s part his horse did have problems in that once it had broken it refused to trot from then on.
--Mr Downey acknowledged at the start that it wasn’t a false start and he had advised this Committee that he had already decided to pull his horse up before he had heard any comment about a likely false start.
--Mr Downey was straightforward in giving his evidence to this Committee and because of all the circumstances he is entitled to the benefit of the doubt. The Committee takes the view that the charge is not proven and accordingly is dismissed.
--In doing so the Committee however reminds Mr Downey of his obligations as a Horseman and his obligations to finish the race.
--
BJ Scott BJ Rowe
CHAIR Committee Member
67745
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Rules: 867.7.j
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