Ashburton TC – 25 October 2010 – R 1

hearingid: e712272578f95ea01c3f971bec1e2ebd

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hearing_racingtype: harness-racing

startdate: 25/10/2010

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penaltyrequired:

decisiondate: no date provided

hearing_title: Ashburton TC - 25 October 2010 - R 1

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N R Escott, Chief Stipendiary Steward

Defendant:  M P Edmonds, Licensed Open Driver

Information No: 68785

Meeting:  Ashburton Trotting Club

Date:  25 October 2010

Venue: Ashburton Raceway

Race: 1

Rule No:  869 (4)

Judicial Committee:  R G McKenzie, Chairman – J M Phelan, Committee Member

Plea:  Not Admitted

FACTS:

Following the running of Race 1, Christian Fire Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr M P Edmonds, alleging a breach of Rule 869 (4) in that Mr Edmonds, as the driver of THANKSFORTHEMEMORIES, “drove in a manner causing interference to RUBY ANN with 1200 metres remaining causing this horse to gallop”.

Mr Edmonds was present at the hearing of the information and indicated that he did not admit the breach.

Rule 869 provides as follows:

(4)     No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

SUBMISSION(S):

Mr S P Renault, Stipendiary Steward, said that he had observed the incident from the patrol box at the entrance to the back straight, approximately 50-100 metres away. The field had been racing towards him at the time and he had a good view of the incident, he said. He said that he had observed Mr McCormick, driving RUBY ANN, racing parked with Mr Edmonds, driving THANKSFORTHEMEMORIES, improving 3-wide. On improving to the parked position, Mr Edmonds had come in causing Mr McCormick’s horse to strike his wheel. Mr Edmonds was never clear of Mr McCormick and forced Mr McCormick onto his wheel resulting in Mr McCormick’s horse breaking.

Mr Renault showed the incident on video replays. Mr McCormick had called out to Mr Edmonds for room, Mr Renault said. He pointed out Mr Edmonds looking down when he realised contact had been made.

Mr McCormick was assisted by Mr G D O’Reilly, Licensed Open Horseman. He said that Mr Edmonds crossed over in front of him “a bit quick” and his horse’s off front leg contacted the outside of Mr Edmonds’ inside sulky wheel causing his horse to break. When asked by Mr Edmonds, Mr McCormick said that he did not believe that Mr Edmonds was fully past when his horse broke.

Mr Edmonds indicated that he had no objection to Mr O’Reilly expressing an opinion on the incident. Mr O’Reilly said that, from looking at the videos, he agreed with Mr McCormick’s version of what happened.

When asked by Mr Edmonds, Mr McCormick said he did not agree that his horse’s leg had contacted the inside, and not the outside, of Mr Edmonds’ sulky wheel.

Mr Edmonds called driver, Mr J C Hay, to give evidence to the hearing on his behalf. Mr Hay, who had driven PAY ME CULLEN in the race, said that he had been following Mr Edmonds in the 3-wide line. He said that, at the time, he thought that Mr Edmonds had got across. However, Mr Hay conceded that he was “back a fraction” and not in the right position to see. He was progressing forward to pass Mr Edmonds, he said. Mr Hay did not wish to comment on the video replays.

Mr Edmonds stated that contact had been made with the inside of his sulky wheel, which could not have happened had he not already gone past Mr McCormick when contact was made. He stated that he had crossed Mr McCormick who had then “come back through” and hit his wheel. He referred to the video replays. He alleged that his body was past Mr McCormick’s horse’s head before that horse galloped.   

Mr Edmonds submitted that only one of the video replays was of assistance and he further submitted that it clearly showed that he had passed Mr McCormick, whose horse broke three strides later. He denied that he had “cut off” Mr McCormick.

REASON(S):

The Committee had listened to the evidence of both parties and carefully viewed the video replays of the incident from several different angles.

Mr Escott called Stipendiary Steward, Mr Renault, and the driver of RUBY ANN, Mr McCormick to give evidence. Mr. Renault said that he had viewed the incident from the patrol box near the 1200 metres and said that he had a clear view of the incident. He said that Mr McCormick had been racing parked outside the leader. Mr Edmonds improved 3-wide to the parked position and, in doing so, Mr Edmonds had, in his opinion, crossed when he was never clear and had “come down too early”. Under cross-examination by Mr Edmonds, Mr Renault maintained that he did have a good view of the incident.

Mr McCormick, the driver of RUBY ANN, was assisted by Licensed Open Horseman, Mr G D O’Reilly. He said that he had been racing in the parked position when Mr Edmonds improved 3-wide. Mr McCormick said that Mr Edmonds had crossed over “a bit quick” and his horse’s leg had made contact with the outside of Mr Edmonds’ inside sulky wheel. He said that Mr Edmonds was not fully past when he crossed. With Mr Edmonds’ consent, Mr O’Reilly expressed his own view of the incident and he said that he agreed with Mr McCormick – that is to say, Mr Edmonds had come over a bit quick and Mr McCormick’s horse had hit his wheel.

Mr Edmonds alleged that he had fully crossed Mr McCormick before Mr McCormick’s horse broke. He submitted that two of the three video angles were of no assistance but that one angle clearly showed that he had crossed. He further said that Mr McCormick’s horse’s leg had contacted the inside of his inside wheel but Mr McCormick denied this when cross-examined by Mr Edmonds. Mr Edmonds alleged that RUBY ANN had broken as a result of its going forward again after he, Mr Edmonds, had crossed.

Mr Edmonds then called Mr J C Hay, Licensed Open Driver, to give evidence. Mr Hay said that he had been following Mr Edmonds in the 3-wide line. He said he thought that, at the time, Mr Edmonds had crossed. However, he went on to say that he was “back a fraction” and was preparing himself to go forward. He acknowledged that he was not in the right position to see.

The Committee found the evidence of Mr Renault, Mr McCormick and Mr O’Reilly to be quite convincing. On the other hand, the evidence of Mr Hay was equivocal at best and the Committee did not agree with Mr Edmonds that he had safely crossed RUBY ANN before that horse broke.

The Committee was satisfied, having regard to the evidence of Messrs Renault, McCormick and O’Reilly, and from its own observations of the incident from the video replays, that Mr Edmonds had, on this occasion, driven in a manner causing interference to RUBY ANN, as alleged, in that he had shifted ground inwards when not sufficiently clear of RUBY ANN contacting the leg of that runner and causing it to break and lose ground.

DECISION:

The charge was found proved.

SUBMISSION(S) ON PENALTY:

Mr Escott submitted that a fine of $250 was appropriate. He informed the Committee that that, in the 2009/2010 season, Mr Edmonds had 127 drives and, in the current season, has had 29 drives to date. He has a clear record as far as breaches of the Rule are concerned.

Mr Edmonds had no submissions to make in relation to penalty other than that he preferred a fine to a suspension. 

REASONS:

In determining penalty, the Committee took into account Mr Edmonds’ good driving record. The Committee noted that the Penalty Guide recommends a fine of $400 and/or a suspension of 2 weeks for a breach of Rule 869 (4). However, the Committee also noted, fines of that amount are rarely imposed and the usual fine is between $200-300.

In this case, the Committee categorised the breach as being low to mid on a scale of seriousness. The Committee was of the view that Mr Edmonds had been guilty of a simple error of judgement, on this particular occasion, in misjudging his inwards movement.

The Committee was satisfied that a fine was an appropriate penalty

PENALTY:

Mr Edmonds was fined the sum of $250.

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hearing_type: Old Hearing

Rules: 869(4)

Informant:

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StipendSteward:

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