Ashburton TC 24 October 2016 – R1 – Chair, Mr R McKenzie)
ID: JCA14241
Meet Title:
Ashburton TC - 24 October 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/10/24
Race Number:
R1
Decision:
The charge was found proved.
Penalty:
Mr Lowe’s Open Horseman’s Licence is suspended from after the close of racing today, 24 October 2016, up to and including 18 December 2016, after which date he may drive. This is a period of 8 weeks.
Facts:
Following the running of Race 1, Ashburton Guardian Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr A L T Lowe, alleging a breach of Rule 868 (2) in that Mr Lowe, as the driver of SANDRA KEITH in the race, “failed to take all reasonable and permissible measures between 1800 metres and 900 metres when driving SANDRA KEITH”.
Mr Lowe was present at the hearing of the information and he indicated that he denied the breach.
Rule 868 provides as follows:
(2) Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Submissions for Decision:
Mr Ydgren said that the Stewards were alleging that Mr Lowe had taken his horse forward in the early stages of the race and, from that point on, had raced outside of the leader, PIRATE BAY (D J Dunn). PIRATE BAY was 2nd favourite at $4.90 for the race and SANDRA KEITH, driven by Mr Lowe, was paying $84 ($201 on fixed odds), Mr Ydgren said. Mr Lowe “slapped” his horse up early to take up a position outside of the leader. From that point on, he has applied pressure to the leader and maintained an advantage over it until approximately the 800 metres when the horse has weakened and dropped away, Mr Ydgren said.
Mr Ydgren told the Committee that the first mile of the race had been run in 2.00 minutes and, having regard to the class of the field, he submitted that Mr Lowe’s actions were unreasonable and he ought to have pulled back to take some cover in a position nearer to the pylons. The Stewards did not agree with Mr Lowe’s tactics of racing outside and forward of the leader and applying pressure throughout.
Mr Ydgren then showed video replays in which he pointed out Mr Lowe slap his horse with the rein from the 2400 metres mobile start and go forward to sit outside the 2nd favourite which was leading. Upon reaching the 1900 metres, Mr Lowe appeared to have designs on the lead. He enquired of Mr Dunn who told him that the lead was not available. However, Mr Lowe maintained his position not only outside the leader but also forward of it, thereby dictating the pace and applying considerable pressure which was unwarranted in the view of the Stewards, Mr Ydgren said.
Mr Ydgren submitted that it did not appear, from any of the available videos, that SANDRA KEITH was overracing at any stage but rather appeared quite relaxed in its gait and action and giving Mr Lowe, who also appeared relaxed in the sulky, “zero difficulty”. Stewards would have expected some discernible action from Mr Lowe to try and restrain his horse. At the 1000 metres, Mr Lowe put over a neck advantage over Mr Dunn’s horse but, by the 800 metres, Mr Lowe’s horse had “run its race” and commenced to weaken, Mr Ydgren said.
Mr Ydgren produced to the Committee the official result of the race with times. The overall time for the mobile 2400 metres for 3-year-old and older horse assessed at C0 was 2:56.8. This was a fast time for a horse that was an outsider which would have been better suited having a more “economical” run in the race as opposed to applying pressure to the leader and thereby finishing in a closer position than it did (8th out of 9 and 11.2 lengths from the winner), Mr Ydgren said.
Mr Lowe stated that he was a “very strong” driver and was talking to the horse which was very strong and determined throughout. He wanted to relax the mare and was doing his “very, very best” to restrain her but she would not relax. When he arrived outside the leader he expected to get cover, he said, but that did not happen. However, the mare pulled and no other runner came round., Mr Lowe said.
It was put by the Committee to Mr Lowe that it was not apparent from the video replays that he had a firm grip on the reins but he maintained that, at all relevant times, the mare was pulling hard and he was attempting to restrain her. He confirmed that Mr Dunn had told him that the lead was not available. From that point, he had done his best to restrain the mare. He had fitted fixed deafeners to the mare in an attempt to get her to settle in her races, he said.
Mr Ydgren asked Mr Lowe why he had said “whoa, whoa, whoa” to the horse when she was wearing deafeners. He replied that the mare was still able to hear. Mr Ydgren then asked Mr Lowe why he had not leaned back to get a better grip on the reins. Mr Lowe replied that he had a short grip on the reins and, although not leaning back, he still had a very strong hold and could not have had a stronger hold.
At this point in the hearing, the hearing was adjourned to enable Mr Lowe’s witness, Open Horseman Mr D J Dunn, to attend the hearing.
Upon the resumption of the hearing, Mr Lowe was asked by the Committee to clarify evidence he had given earlier, specifically, as to why had he driven the mare fast off the gate when he was trying to teach her to settle. He replied that he intended to pull her back if he could but she just “took the bit” and he progressed forward in the hope that she would get cover.
Mr Dunn was asked by Mr Lowe if he had noticed him driving the horse out. Mr Dunn stated that he had not looked at Mr Lowe. However, turning into the straight the first time, he said that Mr Lowe had given his horse her head and a slap on the rump. Mr Dunn said that he did not get the impression that Mr Lowe had a tight grip on the horse at any time or had really pulled back on it. He did not notice that the Mr Lowe’s horse was pulling hard. Neither did he hear Mr Lowe talking to his horse at any stage. Mr Dunn said that Mr Lowe had put sufficient pressure on to, probably, cost Mr Dunn’s horse the race. Mr Dunn was shown the video replay and stated that it was not obvious that Mr Lowe was making much effort to hold his horse – the reins appeared to be quite loose, he said. Mr Dunn added that Mr Lowe should be able to hold his horse better than he had.
Mr Lowe then called Licensed Junior Horseman, Mr J C Morrison, to give evidence. Mr Morrison said that he had driven SANDRA KEITH in her first four starts and confirmed that she can get very keen. If she does grab the bit, she can be very hard to restrain, he said. Mr Morrison was then showed the video replay. He said that the horse appeared to have been on the bit.
Mr Ydgren asked Mr Morrison to describe what the actions of a driver would be if a horse was racing fiercely. He replied that he would be pulling back as hard as he could to get the horse to relax because a horse will often relax better when dropped back. Mr Morrison acknowledged that the first mile being run in 2:00 was not a slow time and neither was the overall time of 2:56.8.
Reasons for Decision:
Mr Lowe’s defence to the charge was simple. He argued that his horse had been pulling hard throughout the relevant part of the race and that, despite his best endeavours, he had been unable to restrain it.
This was not apparent to the Committee from its own observations of the video replays. Neither did either of the witnesses called by Mr Lowe to give evidence on his behalf give evidence that supported Mr Lowe’s version of events. On the contrary, Mr Dunn, who, it seemed to the Committee, was in the best position to assess the manners of the horse and the actions of Mr Lowe, gave evidence that he did not detect that Mr Lowe’s horse was pulling hard or that Mr Lowe had a tight grip on the reins or was attempting to pull it back. The Committee attached considerable weight to Mr Dunn’s evidence as New Zealand’s leading driver for several seasons.
Mr Lowe was adamant that he had been unable to restrain the horse but there was no independent evidence to support this assertion and we prefer the video evidence, the evidence of Mr Ydgren and the evidence of Mr Dunn. Of course, the test of whether Mr Lowe took all reasonable and permissible measures which, in this case, would have required him to take a firm hold of his horse and prevent it from hotly disputing the lead over a considerable distance to its detriment, is an objective test.
The test to be applied is whether Mr Lowe gave a reasonable and reasoned response to the situation and displayed professional competence. The question for the Committee is whether Mr Lowe displayed culpable behaviour and whether his drive was blameworthy viewed on an objective basis. Were the driving tactics Mr Lowe adopted reasonable to ensure that he meet the obligation to ensure that his horse competed in the race and did not stop competing? We are satisfied that they were not.
We are satisfied that, on this occasion, Mr Lowe failed to take all reasonable and permissible measures during the relevant part of the race, as alleged, and, accordingly, we find the charge proved.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Lowe had a clear record under the Rule. He referred to the Penalty Guide starting point of a fine of $750 or a 15 drives’ suspension. Mr Lowe has had 15 drives to date in the current season. Last season, he had 8 drives but he was suspended for a long period during that season. In the 2013/2014 and 2014/2015 seasons he had 25 and 13 drives respectively, Mr Ydgren said.
Mr Ydgren said that Stewards were seeking a suspension for this breach in the vicinity of 15 drives. He said that Mr Lowe was driving approximately twice at each local meeting. Mr Lowe said that he had a qualified maiden trotter almost ready to go to the workouts and trials. Mr Ydgren then presented to the Committee details of meetings at which Mr Lowe would possibly drive for the next two months. Mr Lowe assisted the Committee in terms of which of those meetings he would be likely to drive at. He accepted that it was difficult for him to be accurate in this regard.
Reasons for Penalty:
The Committee agreed with Mr Ydgren that a suspension was called for in this case. In Mr Lowe’s case, it was difficult to calculate a suspension in terms of number of drives. The Committee decided that a better approach would be to impose a period of suspension for a term, avoiding a complicated and arbitrary calculation of number of drives.
However, in calculating that period, the Committee has been mindful of the Penalty Guide starting point of 15 drives, Mr Lowe’s drives this season and over the previous three seasons and, finally, his clear record under this Rule albeit from a small number of drives. We have given Mr Lowe some credit for that last-mentioned mitigating factor.
Weighing up all of those factors, the Committee has decided that a term of suspension of 8 weeks is appropriate.
JCA Decision Fields (raw)
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hearingid: ac4ec54f0af492688a5f938c9065f207
informantnumber: A8322
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to Take Reasonable and Permissible Measures
plea: denied
penaltyrequired: 1
decisiondate: 27/10/2016
hearing_title: Ashburton TC 24 October 2016 - R1 - Chair, Mr R McKenzie)
charge:
facts:
Following the running of Race 1, Ashburton Guardian Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr A L T Lowe, alleging a breach of Rule 868 (2) in that Mr Lowe, as the driver of SANDRA KEITH in the race, “failed to take all reasonable and permissible measures between 1800 metres and 900 metres when driving SANDRA KEITH”.
Mr Lowe was present at the hearing of the information and he indicated that he denied the breach.
Rule 868 provides as follows:
(2) Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that the Stewards were alleging that Mr Lowe had taken his horse forward in the early stages of the race and, from that point on, had raced outside of the leader, PIRATE BAY (D J Dunn). PIRATE BAY was 2nd favourite at $4.90 for the race and SANDRA KEITH, driven by Mr Lowe, was paying $84 ($201 on fixed odds), Mr Ydgren said. Mr Lowe “slapped” his horse up early to take up a position outside of the leader. From that point on, he has applied pressure to the leader and maintained an advantage over it until approximately the 800 metres when the horse has weakened and dropped away, Mr Ydgren said.
Mr Ydgren told the Committee that the first mile of the race had been run in 2.00 minutes and, having regard to the class of the field, he submitted that Mr Lowe’s actions were unreasonable and he ought to have pulled back to take some cover in a position nearer to the pylons. The Stewards did not agree with Mr Lowe’s tactics of racing outside and forward of the leader and applying pressure throughout.
Mr Ydgren then showed video replays in which he pointed out Mr Lowe slap his horse with the rein from the 2400 metres mobile start and go forward to sit outside the 2nd favourite which was leading. Upon reaching the 1900 metres, Mr Lowe appeared to have designs on the lead. He enquired of Mr Dunn who told him that the lead was not available. However, Mr Lowe maintained his position not only outside the leader but also forward of it, thereby dictating the pace and applying considerable pressure which was unwarranted in the view of the Stewards, Mr Ydgren said.
Mr Ydgren submitted that it did not appear, from any of the available videos, that SANDRA KEITH was overracing at any stage but rather appeared quite relaxed in its gait and action and giving Mr Lowe, who also appeared relaxed in the sulky, “zero difficulty”. Stewards would have expected some discernible action from Mr Lowe to try and restrain his horse. At the 1000 metres, Mr Lowe put over a neck advantage over Mr Dunn’s horse but, by the 800 metres, Mr Lowe’s horse had “run its race” and commenced to weaken, Mr Ydgren said.
Mr Ydgren produced to the Committee the official result of the race with times. The overall time for the mobile 2400 metres for 3-year-old and older horse assessed at C0 was 2:56.8. This was a fast time for a horse that was an outsider which would have been better suited having a more “economical” run in the race as opposed to applying pressure to the leader and thereby finishing in a closer position than it did (8th out of 9 and 11.2 lengths from the winner), Mr Ydgren said.
Mr Lowe stated that he was a “very strong” driver and was talking to the horse which was very strong and determined throughout. He wanted to relax the mare and was doing his “very, very best” to restrain her but she would not relax. When he arrived outside the leader he expected to get cover, he said, but that did not happen. However, the mare pulled and no other runner came round., Mr Lowe said.
It was put by the Committee to Mr Lowe that it was not apparent from the video replays that he had a firm grip on the reins but he maintained that, at all relevant times, the mare was pulling hard and he was attempting to restrain her. He confirmed that Mr Dunn had told him that the lead was not available. From that point, he had done his best to restrain the mare. He had fitted fixed deafeners to the mare in an attempt to get her to settle in her races, he said.
Mr Ydgren asked Mr Lowe why he had said “whoa, whoa, whoa” to the horse when she was wearing deafeners. He replied that the mare was still able to hear. Mr Ydgren then asked Mr Lowe why he had not leaned back to get a better grip on the reins. Mr Lowe replied that he had a short grip on the reins and, although not leaning back, he still had a very strong hold and could not have had a stronger hold.
At this point in the hearing, the hearing was adjourned to enable Mr Lowe’s witness, Open Horseman Mr D J Dunn, to attend the hearing.
Upon the resumption of the hearing, Mr Lowe was asked by the Committee to clarify evidence he had given earlier, specifically, as to why had he driven the mare fast off the gate when he was trying to teach her to settle. He replied that he intended to pull her back if he could but she just “took the bit” and he progressed forward in the hope that she would get cover.
Mr Dunn was asked by Mr Lowe if he had noticed him driving the horse out. Mr Dunn stated that he had not looked at Mr Lowe. However, turning into the straight the first time, he said that Mr Lowe had given his horse her head and a slap on the rump. Mr Dunn said that he did not get the impression that Mr Lowe had a tight grip on the horse at any time or had really pulled back on it. He did not notice that the Mr Lowe’s horse was pulling hard. Neither did he hear Mr Lowe talking to his horse at any stage. Mr Dunn said that Mr Lowe had put sufficient pressure on to, probably, cost Mr Dunn’s horse the race. Mr Dunn was shown the video replay and stated that it was not obvious that Mr Lowe was making much effort to hold his horse – the reins appeared to be quite loose, he said. Mr Dunn added that Mr Lowe should be able to hold his horse better than he had.
Mr Lowe then called Licensed Junior Horseman, Mr J C Morrison, to give evidence. Mr Morrison said that he had driven SANDRA KEITH in her first four starts and confirmed that she can get very keen. If she does grab the bit, she can be very hard to restrain, he said. Mr Morrison was then showed the video replay. He said that the horse appeared to have been on the bit.
Mr Ydgren asked Mr Morrison to describe what the actions of a driver would be if a horse was racing fiercely. He replied that he would be pulling back as hard as he could to get the horse to relax because a horse will often relax better when dropped back. Mr Morrison acknowledged that the first mile being run in 2:00 was not a slow time and neither was the overall time of 2:56.8.
reasonsfordecision:
Mr Lowe’s defence to the charge was simple. He argued that his horse had been pulling hard throughout the relevant part of the race and that, despite his best endeavours, he had been unable to restrain it.
This was not apparent to the Committee from its own observations of the video replays. Neither did either of the witnesses called by Mr Lowe to give evidence on his behalf give evidence that supported Mr Lowe’s version of events. On the contrary, Mr Dunn, who, it seemed to the Committee, was in the best position to assess the manners of the horse and the actions of Mr Lowe, gave evidence that he did not detect that Mr Lowe’s horse was pulling hard or that Mr Lowe had a tight grip on the reins or was attempting to pull it back. The Committee attached considerable weight to Mr Dunn’s evidence as New Zealand’s leading driver for several seasons.
Mr Lowe was adamant that he had been unable to restrain the horse but there was no independent evidence to support this assertion and we prefer the video evidence, the evidence of Mr Ydgren and the evidence of Mr Dunn. Of course, the test of whether Mr Lowe took all reasonable and permissible measures which, in this case, would have required him to take a firm hold of his horse and prevent it from hotly disputing the lead over a considerable distance to its detriment, is an objective test.
The test to be applied is whether Mr Lowe gave a reasonable and reasoned response to the situation and displayed professional competence. The question for the Committee is whether Mr Lowe displayed culpable behaviour and whether his drive was blameworthy viewed on an objective basis. Were the driving tactics Mr Lowe adopted reasonable to ensure that he meet the obligation to ensure that his horse competed in the race and did not stop competing? We are satisfied that they were not.
We are satisfied that, on this occasion, Mr Lowe failed to take all reasonable and permissible measures during the relevant part of the race, as alleged, and, accordingly, we find the charge proved.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Lowe had a clear record under the Rule. He referred to the Penalty Guide starting point of a fine of $750 or a 15 drives’ suspension. Mr Lowe has had 15 drives to date in the current season. Last season, he had 8 drives but he was suspended for a long period during that season. In the 2013/2014 and 2014/2015 seasons he had 25 and 13 drives respectively, Mr Ydgren said.
Mr Ydgren said that Stewards were seeking a suspension for this breach in the vicinity of 15 drives. He said that Mr Lowe was driving approximately twice at each local meeting. Mr Lowe said that he had a qualified maiden trotter almost ready to go to the workouts and trials. Mr Ydgren then presented to the Committee details of meetings at which Mr Lowe would possibly drive for the next two months. Mr Lowe assisted the Committee in terms of which of those meetings he would be likely to drive at. He accepted that it was difficult for him to be accurate in this regard.
reasonsforpenalty:
The Committee agreed with Mr Ydgren that a suspension was called for in this case. In Mr Lowe’s case, it was difficult to calculate a suspension in terms of number of drives. The Committee decided that a better approach would be to impose a period of suspension for a term, avoiding a complicated and arbitrary calculation of number of drives.
However, in calculating that period, the Committee has been mindful of the Penalty Guide starting point of 15 drives, Mr Lowe’s drives this season and over the previous three seasons and, finally, his clear record under this Rule albeit from a small number of drives. We have given Mr Lowe some credit for that last-mentioned mitigating factor.
Weighing up all of those factors, the Committee has decided that a term of suspension of 8 weeks is appropriate.
penalty:
Mr Lowe’s Open Horseman’s Licence is suspended from after the close of racing today, 24 October 2016, up to and including 18 December 2016, after which date he may drive. This is a period of 8 weeks.
hearing_type: Hearing
Rules: 868(2)
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr ALT Lowe - Licensed Open Driver
Otherperson: Mr DJ Dunn - Licensed Open Horseman, Mr JC Morrsion - Licensed Junior Horseman
PersonPresent:
Respondent:
StipendSteward:
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