Auckland TC 2 December 2011 – R 6
ID: JCA12294
Meet Title:
Auckland TC - 2 December 2011
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2011/12/02
Race Number:
R 6
Decision:
The information against Mr Barron is dismissed.
Charge:
Breach of Rule 869(4).
Facts:
An Information was lodged by Stipendiary Steward, Mr NG McIntyre, alleging that Mr KM Barron, the Driver of CAPTAIN WEBBER, failed to keep his horse straight throughout the run home and as a result, BAGGER VANCE (Driver D J Butcher), was forced over extra ground.
Mr Barron was present at the Hearing and advised this Committee that he did not admit the breach.
Rule 869(4) provides:
“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.”
The Rule was read to Mr Barron.
Submissions for Decision:
Mr McIntyre, in giving evidence, said that Mr Barron had moved out in the straight and had forced Mr Butcher to race wide on the track. He said that he has an obligation to maintain a straight line, and he said that he did that for most of the straight but drifted out in the latter part of the race.
Mr McIntyre then demonstrated the incident by use of the video films, and he said that from the 50 metre mark, Mr Barron should have straightened his horse out. By not doing so, he forced Mr Butcher wider in the straight.
Mr Barron, in cross examination, asked Mr McIntyre why Mr Butcher did not take the passing lane. Mr McIntyre, in reply, said that he does not have to.
Mr Barron, in giving evidence,that his horse was green and was tired in the latter stages of the race. He said that when he turned for home, because his horse was tired, and in the event that it might drift, he shot clear to make sure the other horses behind him had a fair chance. He pointed to the fact that Mr Butcher’s horse drifted out as well, rather than take the passing lane.
Mr Barron also pointed out two occasions when he took corrective action.
Mr McIntyre said that he was concerned about the application of the Rule.
Reasons for Decision:
In looking at the Rule, we have to look at the purpose of it. The purpose clearly is that Drivers must maintain a straight line so as not to cause interference. If this were not the case, then many drivers would be pulled up for not keeping a straight line in the home straight. Has there been interference caused by the outwards movement of Mr Barron’s horse? Mr Butcher, on BAGGER VANCE, has drifted out with Mr Barron’s horse, and he has told us that, not only did he not lose any momentum, but that Mr Barron had beaten him fair and square. In the final analysis we believe that the charge has not been sufficiently proven.
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: 4a9f3735d52cd96609f35b0cce5469f5
informantnumber: 69166
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 14/12/2011
hearing_title: Auckland TC 2 December 2011 - R 6
charge:
Breach of Rule 869(4).
facts:
An Information was lodged by Stipendiary Steward, Mr NG McIntyre, alleging that Mr KM Barron, the Driver of CAPTAIN WEBBER, failed to keep his horse straight throughout the run home and as a result, BAGGER VANCE (Driver D J Butcher), was forced over extra ground.
Mr Barron was present at the Hearing and advised this Committee that he did not admit the breach.
Rule 869(4) provides:
“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.”
The Rule was read to Mr Barron.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre, in giving evidence, said that Mr Barron had moved out in the straight and had forced Mr Butcher to race wide on the track. He said that he has an obligation to maintain a straight line, and he said that he did that for most of the straight but drifted out in the latter part of the race.
Mr McIntyre then demonstrated the incident by use of the video films, and he said that from the 50 metre mark, Mr Barron should have straightened his horse out. By not doing so, he forced Mr Butcher wider in the straight.
Mr Barron, in cross examination, asked Mr McIntyre why Mr Butcher did not take the passing lane. Mr McIntyre, in reply, said that he does not have to.
Mr Barron, in giving evidence,that his horse was green and was tired in the latter stages of the race. He said that when he turned for home, because his horse was tired, and in the event that it might drift, he shot clear to make sure the other horses behind him had a fair chance. He pointed to the fact that Mr Butcher’s horse drifted out as well, rather than take the passing lane.
Mr Barron also pointed out two occasions when he took corrective action.
Mr McIntyre said that he was concerned about the application of the Rule.
reasonsfordecision:
In looking at the Rule, we have to look at the purpose of it. The purpose clearly is that Drivers must maintain a straight line so as not to cause interference. If this were not the case, then many drivers would be pulled up for not keeping a straight line in the home straight. Has there been interference caused by the outwards movement of Mr Barron’s horse? Mr Butcher, on BAGGER VANCE, has drifted out with Mr Barron’s horse, and he has told us that, not only did he not lose any momentum, but that Mr Barron had beaten him fair and square. In the final analysis we believe that the charge has not been sufficiently proven.
Decision:
The information against Mr Barron is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(4)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr K Barron - Licensed Open Horseman
Otherperson: Mr D J Butcher - Driver of BAGGER VANCE
PersonPresent:
Respondent:
StipendSteward:
raceid: 66bc830fcb60396bbc413bcac46dbd08
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4b4ebe015314502188745b74311bc5b9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/12/2011
meet_title: Auckland TC - 2 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC