Auckland TC 14 October 2011 – R 2
ID: JCA10789
Meet Title:
Auckland TC - 14 October 2011
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2011/10/14
Race Number:
R 2
Decision:
The Committee accordingly finds the charge proved.
Penalty:
The Committee accordingly imposes a fine of $250.00 on Mr Phillips.
Charge:
Careless Driving.
Facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Amateur Horseman Mr SB Phillips alleging that Mr Phillips drove SAMELIA carelessly with approximately 500 metres to run causing interference to BETTORS IMAGE (Driver Mr Robinson)..
Mr Phillips was present at the Hearing and he advised this Committee that he did not admit the breach.
Rule 869(3)(b) provides:
“No Horseman in any race shall drive carelessly.”
The Rule was read to Mr Phillips.
Submissions for Decision:
Mr Muirhead gave evidence from his own observations from the Steward’s viewing position on the 5th floor of the main stand. He said that Mr Phillips was driving SAMELIA which was the favourite in the race and when the field was entering into the back straight Mr Phillips was racing towards the rear the of the field. He moved wide at the 900 metre mark.
He was caught four wide and in Mr Muirhead’s view appeared to be in two minds as to what to do and he tried to ease back. At that stage which was approximately 500 metres from home Mr Muirhead saw BETTORS IMAGE driven by Mr Robinson break. He said that when he broke Mr Phillips was just ahead of him and that he was then three wide after having been four wide.
He also told the Committee that Mr Vince had been on the running line and that prior to the incident Mr Vince had move out and was in the one out line.
The incident was then demonstrated by Mr Muirhead by use of the video film and he showed where Mr Phillips was slapping his horse up when he was moving in and he said that the horse had moved in too far. He said there was no pressure from the outside and accordingly Mr Phillips was responsible for his horse moving in. He said that Mr Phillips did take some corrective action by turning his horses head out but it was too little too late.
Mr Muirhead said there may have been some contribution to the incident from Mr Vince and he also said that Mr Robinson is not an experienced driver and perhaps could have got out of the way sooner.
Mr Muirhead said however that at the end of the day if Mr Phillips had not have moved in and kept moving in then the incident would not have happened.
In answer to questions from Mr Phillips he said that Mr Vince was able to move out when he did and that there was room for him and he had already established his position prior to the incident. He was also asked at what point did he consider Mr Phillip’s driving to be careless and he said that it was Mr Phillips coming in and he came in too far and tightened up Mr Robinson.
Mr Robinson was then called to give evidence. He was asked why his horse broke and he said that there was a horse coming out from the inside and a horse coming in from the outside and he ran out of room. He did acknowledge that Mr Vince was holding his line and he also said that he did not believe that there was contact. He said that he was trying to avoid coming out further but that Mr Vince had the wood in him and did shift him out. Mr Robinson said that this was his third tote drive but that he had had seventy odd drives in amateur races.
Mr Robinson in his evidence concerning Mr Vince moving out and Mr Phillips moving in had said that it was a simultaneous movement by both drivers. When he was again shown the film of the incident by Mr Muirhead he acknowledged that perhaps the movement of the two drivers was not simultaneous. He acknowledged that Mr Vince appeared to be out before the incident happened.
Mr Phillips gave evidence and in using the film, he said that when he moved he believed that he was entitled to move in. He also said that he was not the only person to blame and not guilty of a Careless Driving charge
Mr Phillips asked if there was a definition of careless driving in the Rules and there is not but the Committee provided a definition to Mr Phillips. Mr Phillips said that Mr Vince had moved out and contributed to the incident and he also said that Mr Robinson should have pulled back when the gap was closing. He asked if professional horsemen would do that.
Mr Phillips said again that he believed that he was entitled to move in to the space that was on the inside of him and that he was not careless.
Mr Muirhead asked him if the film showed Mr Phillips moving down towards both Mr Robinsons and Mr Vince’s horses. He acknowledged that but said he did take some corrective action. He was also asked if there was a gap on his inside when he moved and he said there was. He was also asked if he agreed that if he had have kept a straight line then Mr Robinson would have had room and would have not have galloped. He said he could not say whether Mr Robinson would have galloped or not because he said the horse had galloped previously. He was then asked if he kept a straight line would that mean that Mr Robinson would not have been tightened and he acknowledged that that was the case.
Reasons for Decision:
The Committee has watched the films again a number of times and has listened to the evidence presented to it.
Mr Phillips has clearly moved in from the four wide line to the three wide position and in doing so has caused Mr Robinson to run out of room. There was no outside pressure on Mr Phillips. Mr Phillips did not need to move in as far as he did and as far as the Committee is concerned he was careless with his inward movement. It is quite clear that he has caused interference to Mr Robinson.
Submissions for Penalty:
Mr Muirhead referred to the new JCA Guidelines which provide for a starting point penalty of either a $500.00 fine or suspension for 10 drives. Mr Muirhead said that there were Amateur Drivers races on the 4th and 11th of November and the 2nd and 22nd of December and he suggested that if Mr Phillip’s licence was to be suspended then it would be for those four meetings.
Mr Muirhead did however say that the incident was in the mid to lower end of the scale and he acknowledged that there were mitigating factors.
In regards to a fine he submitted that a fine in the range of $300.00 to $500.00 was appropriate.
Mr Phillips for his part said that he preferred a monetary penalty. He said that he was representing New Zealand in the World Drivers Championship in January next year and that he needed to drive as often as he could. He also reminded the Committee that Amateur Drivers do not get a fee.
Reasons for Penalty:
In deciding penalty the Committee finds that the charge has clearly been proven however it is at the lower end of the scale. There are mitigating factors but having said that as far as Amateur Horsemen are concerned Mr Phillips is one of the most experienced.
In view of the fact that Mr Phillips is an Amateur Horseman then the Committee believes that the level of fine submitted by Mr Muirhead is not appropriate.
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: 0ce664e3208326307e210ab8f02c198e
informantnumber: 66817
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 11/10/2011
hearing_title: Auckland TC 14 October 2011 - R 2
charge:
Careless Driving.
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Amateur Horseman Mr SB Phillips alleging that Mr Phillips drove SAMELIA carelessly with approximately 500 metres to run causing interference to BETTORS IMAGE (Driver Mr Robinson)..
Mr Phillips was present at the Hearing and he advised this Committee that he did not admit the breach.
Rule 869(3)(b) provides:
“No Horseman in any race shall drive carelessly.”
The Rule was read to Mr Phillips.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead gave evidence from his own observations from the Steward’s viewing position on the 5th floor of the main stand. He said that Mr Phillips was driving SAMELIA which was the favourite in the race and when the field was entering into the back straight Mr Phillips was racing towards the rear the of the field. He moved wide at the 900 metre mark.
He was caught four wide and in Mr Muirhead’s view appeared to be in two minds as to what to do and he tried to ease back. At that stage which was approximately 500 metres from home Mr Muirhead saw BETTORS IMAGE driven by Mr Robinson break. He said that when he broke Mr Phillips was just ahead of him and that he was then three wide after having been four wide.
He also told the Committee that Mr Vince had been on the running line and that prior to the incident Mr Vince had move out and was in the one out line.
The incident was then demonstrated by Mr Muirhead by use of the video film and he showed where Mr Phillips was slapping his horse up when he was moving in and he said that the horse had moved in too far. He said there was no pressure from the outside and accordingly Mr Phillips was responsible for his horse moving in. He said that Mr Phillips did take some corrective action by turning his horses head out but it was too little too late.
Mr Muirhead said there may have been some contribution to the incident from Mr Vince and he also said that Mr Robinson is not an experienced driver and perhaps could have got out of the way sooner.
Mr Muirhead said however that at the end of the day if Mr Phillips had not have moved in and kept moving in then the incident would not have happened.
In answer to questions from Mr Phillips he said that Mr Vince was able to move out when he did and that there was room for him and he had already established his position prior to the incident. He was also asked at what point did he consider Mr Phillip’s driving to be careless and he said that it was Mr Phillips coming in and he came in too far and tightened up Mr Robinson.
Mr Robinson was then called to give evidence. He was asked why his horse broke and he said that there was a horse coming out from the inside and a horse coming in from the outside and he ran out of room. He did acknowledge that Mr Vince was holding his line and he also said that he did not believe that there was contact. He said that he was trying to avoid coming out further but that Mr Vince had the wood in him and did shift him out. Mr Robinson said that this was his third tote drive but that he had had seventy odd drives in amateur races.
Mr Robinson in his evidence concerning Mr Vince moving out and Mr Phillips moving in had said that it was a simultaneous movement by both drivers. When he was again shown the film of the incident by Mr Muirhead he acknowledged that perhaps the movement of the two drivers was not simultaneous. He acknowledged that Mr Vince appeared to be out before the incident happened.
Mr Phillips gave evidence and in using the film, he said that when he moved he believed that he was entitled to move in. He also said that he was not the only person to blame and not guilty of a Careless Driving charge
Mr Phillips asked if there was a definition of careless driving in the Rules and there is not but the Committee provided a definition to Mr Phillips. Mr Phillips said that Mr Vince had moved out and contributed to the incident and he also said that Mr Robinson should have pulled back when the gap was closing. He asked if professional horsemen would do that.
Mr Phillips said again that he believed that he was entitled to move in to the space that was on the inside of him and that he was not careless.
Mr Muirhead asked him if the film showed Mr Phillips moving down towards both Mr Robinsons and Mr Vince’s horses. He acknowledged that but said he did take some corrective action. He was also asked if there was a gap on his inside when he moved and he said there was. He was also asked if he agreed that if he had have kept a straight line then Mr Robinson would have had room and would have not have galloped. He said he could not say whether Mr Robinson would have galloped or not because he said the horse had galloped previously. He was then asked if he kept a straight line would that mean that Mr Robinson would not have been tightened and he acknowledged that that was the case.
reasonsfordecision:
The Committee has watched the films again a number of times and has listened to the evidence presented to it.
Mr Phillips has clearly moved in from the four wide line to the three wide position and in doing so has caused Mr Robinson to run out of room. There was no outside pressure on Mr Phillips. Mr Phillips did not need to move in as far as he did and as far as the Committee is concerned he was careless with his inward movement. It is quite clear that he has caused interference to Mr Robinson.
Decision:
The Committee accordingly finds the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the new JCA Guidelines which provide for a starting point penalty of either a $500.00 fine or suspension for 10 drives. Mr Muirhead said that there were Amateur Drivers races on the 4th and 11th of November and the 2nd and 22nd of December and he suggested that if Mr Phillip’s licence was to be suspended then it would be for those four meetings.
Mr Muirhead did however say that the incident was in the mid to lower end of the scale and he acknowledged that there were mitigating factors.
In regards to a fine he submitted that a fine in the range of $300.00 to $500.00 was appropriate.
Mr Phillips for his part said that he preferred a monetary penalty. He said that he was representing New Zealand in the World Drivers Championship in January next year and that he needed to drive as often as he could. He also reminded the Committee that Amateur Drivers do not get a fee.
reasonsforpenalty:
In deciding penalty the Committee finds that the charge has clearly been proven however it is at the lower end of the scale. There are mitigating factors but having said that as far as Amateur Horsemen are concerned Mr Phillips is one of the most experienced.
In view of the fact that Mr Phillips is an Amateur Horseman then the Committee believes that the level of fine submitted by Mr Muirhead is not appropriate.
penalty:
The Committee accordingly imposes a fine of $250.00 on Mr Phillips.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr JM Muirhead - Stipendiary Steward
JockeysandTrainer: Mr SB Phillips - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ca98e3a597c769ba5734095b75b4a996
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7ba2a82cb6ba03817ce478e373674263
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/10/2011
meet_title: Auckland TC - 14 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
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name: Auckland TC