Auckland TC 16 December 2017 – R 7 (heard 25 January 2018 at Cambridge) – Chair, Mr A Dooley

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decisiondate: 31/01/2018

hearing_title: Auckland TC 16 December 2017 - R 7 (heard 25 January 2018 at Cambridge) - Chair, Mr A Dooley

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appealdecision: NO LINKED APPEAL DECISION

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr J Muirhead – Senior Stipendiary Steward

Respondent: Mr T Mitchell – Open Horseman

Information No: A9143

Meeting: Auckland Trotting Club

Venue: Alexandra Park

Date: 16 December 2017 (heard 25 January 2018 at Cambridge Raceway)

Race: 7

Rule No: 869(3)(b) and Easing Down Regulations

Judicial Committee: Mr A Dooley, Chairman – Mr A Godsalve, Committee Member

Also Present: Mr S Mulcay – Senior Stipendiary Steward,

Mr T Macfarlane – Driver of CYCLONE L KO

Plea: Denied

Evidence

THAT at a race meeting conducted by the Auckland Trotting Club at Alexandra Park on 16 December 2017 in race 7, Haunui Farm Handicap Trot 2200 metres, Driver T Mitchell (SECRETOFTHESEA SMILE) drove carelessly near the 1600 metres when attempting to shift CYCLONE L KO (T Macfarlane) down to the marker line which resulted in both runners locking wheels with CYCLONE L KO losing ground and SECRETOFTHESEA SMILE galloping and losing all chance. An alleged breach of Rule 869(3)(b) of the New Zealand Rules of Harness Racing was filed by the Informant, Mr Muirhead.

Mr Mitchell acknowledged that he understood the nature of the charge, the Rule and confirmed he denied the breach.

Rule 869 provides:

(3) No horseman in any race shall drive:- (b) carelessly.

The Easing Down Regulations provide:

Subject to Rule 869 (3) (b), Careless Driving . . ., horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the movement is conducted in a gradual and acceptable manner.

Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving.

Mr Muirhead told the Committee that following Race 7, at the Auckland TC meeting held on 16 December 2017 an investigation by the Stipendiary Stewards was held into an incident which resulted in interference to SECRETOFTHESEA SMILE, driven by Mr T Mitchell, which galloped losing its chance with approximately 1600 metres to run. He said that Mr Mitchell was attempting to shift CYCLONE L KO, driven by Mr T Macfarlane, down to the marker line from a two wide position at the rear of the field which resulted in both runners locking wheels. CYCLONE L KO also being checked losing ground in the incident. He said that Drivers Mr T Mitchell and Mr T Macfarlane were interviewed.

Mr Muirhead advised that after hearing from the drivers the Stewards believed the video evidence was conclusive in that Mr T Mitchell was in breach of Rule 869(3)(b) driving SECRETOFTHESEA SMILE carelessly causing interference to his own horse SECRETOFTHESEA SMILE and CYCLONE L KO.

An Information (No. A9143) alleging that Mr Mitchell drove carelessly was lodged.

The Judicial Committee on the night adjourned the defended hearing to a date and time to be fixed by the JCA.

Submissions for Decision

Mr Muirhead demonstrated the alleged incident using all the available video films. He was assisted by Mr Mulcay who was controlling the display of the split screen video angles. He outlined the Stewards’ interpretation of the alleged incident which occurred approaching the 1600m to run. He identified that SECRETOFTHESEA SMILE (T Mitchell) was racing in the 3 wide line outside DAUNTLESS (B Edwards) and being eased back. CYCLONE L KO (T Macfarlane) was racing in the 2 wide line at the rear trailing DAUNTLESS (B Edwards). At approximately 1600m to run, Mr Mitchell attempted to shift inward with SECRETOFTHESEA SMILE, when he did not have a clear advantage over CYCLONE L KO, which became unbalanced and galloped, resulting in the wheels of the sulkies of SECRETOFTHESEA SMILE and CYCLONE L KO becoming locked together. In the process of disengaging the locked sulky wheels CYCLONE L KO’s progress is impeded recovering losing approximately 5 lengths. SECRETOFTHESEA SMILE continued in a gallop for a distance losing its chance.

Mr Muirhead said the back straight camera angle clearly demonstrates that Mr Mitchell’s attempt to ease back SECRETOFTHESEA SMILE and shift inward onto the back of DAUNTLESS and shift CYCLONE L KO down to the running line. He said SECRETOFTHESEA SMILE’s head was turned inward and the mare gallops when in line with DAUNTLESS’ outside (left) sulky wheel.

Mr Muirhead then demonstrated the head on film which showed that that angle also confirmed that SECRETOFTHESEA SMILE did not have a clear advantage over CYCLNE L KO when Mr Mitchell attempted his inward shift.

Mr Muirhead also provided a close-up side on video film (slow motion) which he said clearly demonstrated again that Mr Mitchell has not placed SECRETOFTHESEA SMILE in position with a clear advantage when he attempted to shift CYCLONE L KO inwards. He said SECRETOFTHESEA SMILE became unbalanced and galloped before locking sulky wheels with that runner.

Mr Mitchell did not wish to cross examine Mr Muirhead’s interpretation of the alleged incident.

Mr Muirhead called Mr Macfarlane as a witness.

Mr Macfarlane said that Mr Mitchell came back when he was going forward and they ended up locking wheels. He said that CYCLONE L KO is a “very big horse” and when they came together he was racing in a 2 wide position. He said that he and Mr Mitchell never contested the position because they locked wheels. He said that he could see what was going to happen as Mr Mitchell attempted to shift DAUNTLESS in and he was next in the running line. He said that he rushed up to hold his position. He said it was hard to tell if Mr Mitchell had an advantage over him or not. He confirmed that his chances were affected when he lost momentum near the 1600 metres.

Mr Mitchell demonstrated on the video films the position of the horses involved in the alleged incident as they passed the 1800 metres. He said that he tried to push Mr Edwards down but he had an advantage so he pulled out and went to ease to get behind DAUNTLESS. He said that when he eased back to the outside of CYCLONE L KO the sulky stays locked. He said there was half a length between him and Mr Macfarlane before he rushed up ahead. He said that he was a little bit unlucky that they locked stays and this was enough to throw SECRETOFTHESEA SMILE off stride. He said that there was minimal inward movement on his part and he disagreed that it was careless driving. Mr Muirhead disputed Mr Mitchell’s assertion that he had a clear advantage.

In summing up Mr Muirhead said that Mr Mitchell stated that while attempting to shift CYCLONE L KO inward to the running line with SECRETOFTHESEA SMILE following contact with their sulkies he locked sulky stays with that runner which caused him to become unbalanced and gallop. The Stipendiary Stewards believe that it is clearly the responsibility of the horseman, in this case Mr Mitchell, attempting to shift inward to conduct that manoeuvre in such a way as not to cause interference to another runner or his own horse. He said that Mr Mitchell as demonstrated on the video films was not in a position of clear advantage.

He said that Mr Macfarlane driving CYCLONE L KO was not obliged to concede his position in the 2 wide - line, as required in the Easing Down Regulations, as he was easily able to maintain his position and did not in any way shift outward toward the 3 wide - line.

The Stipendiary Stewards stated that all horsemen have a duty of care when conducting such manoeuvres and that they must be conducted with safety as prescribed in the Rule. That it is, firstly, their responsibility to not cause interference to another runner or themselves when carrying out such manoeuvres.

The Stewards’ opinion was that Mr Mitchell did not conduct the manoeuvre in an acceptable way. Mr Mitchell was not in a position of clear advantage. Mr Mitchell should have eased further back in the 3 wide - line and eased inward to trail CYCLONE L KO thus ensuring that the punters’ investments on the horses and the connections of the horses’ chances involved in this incident were not jeopardised.

Accordingly, the Stipendiary Stewards submit that the Judicial Committee uphold the charge of careless driving lodged against Mr Mitchell.

In summing up Mr Mitchell said that he believed that he had an advantage over Mr Macfarlane when he eased back. He said that he did not agree that they locked wheels before his horse galloped. He said that he never got the chance to move in because they locked stays. He said that resulted in a “jolt” which pushed his horse off stride. He said that he never got to contest the position with Mr Macfarlane because they locked sulky stays and he felt that he had every right to drive in the manner he did. He added that both horses were racing in American sulkies and he was a little bit unlucky. He concluded by saying that it was a racing incident and he did not believe his actions were careless.

Reasons for Decision

The Committee carefully considered all the evidence and submissions as presented.

When reviewing the video films, we observed that Mr Mitchell was racing in a 3 wide position when he commenced to ease his horse back in an attempt to get into the 2 wide running line. When Mr Mitchell started to ease back from his 3 wide position there was approximately half a length between the back of DAUNTLESS’ driver Mr Edwards and CYCLONE L KO. It was evident that Mr Macfarlane the driver of CYCLONE L KO was driving his horse forward and the gap was diminishing quickly when Mr Mitchell was easing back. Mr Macfarlane stated that he was wanting to maintain his position in the 2 wide running line. The back straight film clearly showed that Mr Mitchell had his horse’s head turned inwards when he was attempting to shift in.

It was apparent on the video films that SECRETOFTHESEA SMILE was racing on level terms with CYCLONE L KO near the 1600 metres when Mr Mitchell was attempting to make this inward manoeuvre and he did not have a clear advantage. It was evident that Mr Mitchell had no horses racing on his outside and Mr Macfarlane was keeping a straight line in his 2 wide position. The consequences of Mr Mitchell’s actions were that both runners locked wheels with CYCLONE L KO losing approximately 5 lengths and SECRETOFTHESEA SMILE galloping and losing a considerable amount of ground.

It is also relevant to note that ALL AMERICAN who was improving towards the lead in a 3 wide position was racing 1 horse width wider on the track than SECRETOFTHESEA SMILE.

Decision

For the reasons detailed above we found the charge to be proved.

Submissions for Penalty

Mr Muirhead said the JCA Penalty Guide starting point is 10 drives or a $500 fine. He said that Mr Mitchell had a clear record under this Rule and the incident was in the medium to low range. He added that SECRETOFTHESEA SMILE was 5/4 in the betting.

Mr Mitchell declined to make any submissions on penalty.

Reasons for Penalty

The JCA Penalty Guide starting point is a $500 fine or 10 drives.

The Committee adopted a $500 fine as the starting point.

In our assessment Mr Mitchell erred in not easing back one further position to be at the rear of the field. This would have resulted in a trouble-free run for Mr Mitchell and Mr Macfarlane.

The mitigating factors were Mr Mitchell’s excellent record under this Rule and we deemed the carelessness was in the low range. For these combined factors we afforded Mr Mitchell a reduction in penalty.

Penalty

Mr Mitchell was fined $300.

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