Auckland TC – 20 March 2009 – Race 1
ID: JCA19500
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 20 March 2009
Race Date:
2009/03/20
Race Number:
Race 1
Decision:
An information filed by Stipendiary Steward Mr J. Muirhead against Mr S. Hunt driver of CURLYS COUSIN alleging a breach of the above rule in that he drove his horse in a manner which caused interference to RAVEN AVEROSS driven by Mr S. Phelan which resulted in interference to his own horse with approximately 800m to run.
An information filed by Stipendiary Steward Mr J. Muirhead against Mr S. Hunt driver of CURLYS COUSIN alleging a breach of the above rule in that he drove his horse in a manner which caused interference to RAVEN AVEROSS driven by Mr S. Phelan which resulted in interference to his own horse with approximately 800m to run. Mr Hunt denied the breach and was present at the hearing.
--Mr Muirhead demonstrated the incident by use of the video film. He said approaching the 800m mark CURLYS COUSIN had moved wider on the track and Mr Phelan moved RAVEN AVEROSS from the two wide position towards the three wide position. He said Mr Hunt then closed the gap which forced RAVEN AVEROSS onto the sulky wheel of BALTIC WARRIOR driven by Mr R. Brosnan causing RAVEN AVEROSS to break. Shortly after CURLYS COUSIN and RAVEN AVEROSS came into contact and CURLYS COUSIN broke. Mr Muirhead drew the committee’s attention to the right hand of Mr Hunt which showed that he had steered his horse inwards. Mr Brosnan said there had been contact with the outside of his left sulky wheel. Mr Phelan said Mr Hunt’s horse had moved out leaving a gap, so he moved RAVEN AVEROSS outwards as he did so CURLYS COUSIN moved inwards quickly which pushed RAVEN AVEROSS in resulting in contact with the wheel of Mr Brosnan’s horse. RAVEN AVEROSS broke and then locked wheels with CURLYS COUSIN. Mr Hunt did not cross examine Mr Phelan.
--Mr Hunt said he was not at fault. He said he was returning to the three wide position and his horse had not run in and he had not pulled on the rein. He said he was trying to control his horse. Cross examined by Mr Muirhead Mr Hunt agreed Mr Phelan was entitled to move out and agreed his horse was never in front of Mr Phelan’s horse. He then said his horse had run back in by itself. The film clearly shows that Mr Hunt pulled on the right rein. Mr Hunt said Mr Phelan’s horse galloped and then hit the sulky wheel.
--In summing up Mr Muirhead said that there has to be give and take when horses are easing inwards or outwards. This was normal practice for safety reasons. He said drivers shouldn’t ‘contest’ if it was not safe. Mr Hunt put pressure on Mr Phelan’s horse whereas he should have accepted the situation he was in.
--Decision and Reasons:
--The committee accepts the evidence of Mr Muirhead and Mr Phelan. Their evidence is confirmed by the video film. CURLYS COUSIN ran outwards. Mr Phelan moved RAVEN AVEROSS outwards as he was entitled to do. Mr Hunt steered CURLYS COUSIN inwards resulting in pressure on RAVEN AVEROSS and contact by that horse with the sulky wheel of BALTIC WARRIOR. As a result RAVEN AVEROSS broke and that in turn resulted in CURLYS COUSIN breaking. Mr Hunt should not have contested the outwards movement of RAVEN AVEROSS. His actions caused interference to RAVEN AVEROSS and then to his own horse. The charge is proven.
--Penalty:
--Mr Muirhead said the recommended starting point was a fine of $400.00 and/or a two week suspension. He said Mr Hunt had no breaches of the rules in the last 12 months. The offending was at the midpoint on the scale of seriousness. Mr Hunt has between 10 and 25 drives per year. He recommended a suspension of 2 – 3 weeks. Mr Hunt said he would prefer a suspension.
--In fixing penalty, the committee takes into account the following:
--1. Submissions of Mr Muirhead.
2. The submission of Mr Hunt.
3. The offending was mid-scale on the scale of seriousness – 2 horses lost their chances.
4. The recommended starting point as stated by Mr Muirhead.
5. Mr Hunt’s clear driving record.
6. The infrequency with which Mr Hunt drives.
Balancing all of those matters the committee suspends Mr Hunt’s horseman’s licence for a period of three weeks commencing at the end of racing on 20th March 2009 and concluding at the end of racing on 9th April 2009.
--
B. Rowe
Chairman
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: 6483c4ef0ba75fca81036eb9ee722614
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 20/03/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 20 March 2009 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information filed by Stipendiary Steward Mr J. Muirhead against Mr S. Hunt driver of CURLYS COUSIN alleging a breach of the above rule in that he drove his horse in a manner which caused interference to RAVEN AVEROSS driven by Mr S. Phelan which resulted in interference to his own horse with approximately 800m to run.
An information filed by Stipendiary Steward Mr J. Muirhead against Mr S. Hunt driver of CURLYS COUSIN alleging a breach of the above rule in that he drove his horse in a manner which caused interference to RAVEN AVEROSS driven by Mr S. Phelan which resulted in interference to his own horse with approximately 800m to run. Mr Hunt denied the breach and was present at the hearing.
--Mr Muirhead demonstrated the incident by use of the video film. He said approaching the 800m mark CURLYS COUSIN had moved wider on the track and Mr Phelan moved RAVEN AVEROSS from the two wide position towards the three wide position. He said Mr Hunt then closed the gap which forced RAVEN AVEROSS onto the sulky wheel of BALTIC WARRIOR driven by Mr R. Brosnan causing RAVEN AVEROSS to break. Shortly after CURLYS COUSIN and RAVEN AVEROSS came into contact and CURLYS COUSIN broke. Mr Muirhead drew the committee’s attention to the right hand of Mr Hunt which showed that he had steered his horse inwards. Mr Brosnan said there had been contact with the outside of his left sulky wheel. Mr Phelan said Mr Hunt’s horse had moved out leaving a gap, so he moved RAVEN AVEROSS outwards as he did so CURLYS COUSIN moved inwards quickly which pushed RAVEN AVEROSS in resulting in contact with the wheel of Mr Brosnan’s horse. RAVEN AVEROSS broke and then locked wheels with CURLYS COUSIN. Mr Hunt did not cross examine Mr Phelan.
--Mr Hunt said he was not at fault. He said he was returning to the three wide position and his horse had not run in and he had not pulled on the rein. He said he was trying to control his horse. Cross examined by Mr Muirhead Mr Hunt agreed Mr Phelan was entitled to move out and agreed his horse was never in front of Mr Phelan’s horse. He then said his horse had run back in by itself. The film clearly shows that Mr Hunt pulled on the right rein. Mr Hunt said Mr Phelan’s horse galloped and then hit the sulky wheel.
--In summing up Mr Muirhead said that there has to be give and take when horses are easing inwards or outwards. This was normal practice for safety reasons. He said drivers shouldn’t ‘contest’ if it was not safe. Mr Hunt put pressure on Mr Phelan’s horse whereas he should have accepted the situation he was in.
--Decision and Reasons:
--The committee accepts the evidence of Mr Muirhead and Mr Phelan. Their evidence is confirmed by the video film. CURLYS COUSIN ran outwards. Mr Phelan moved RAVEN AVEROSS outwards as he was entitled to do. Mr Hunt steered CURLYS COUSIN inwards resulting in pressure on RAVEN AVEROSS and contact by that horse with the sulky wheel of BALTIC WARRIOR. As a result RAVEN AVEROSS broke and that in turn resulted in CURLYS COUSIN breaking. Mr Hunt should not have contested the outwards movement of RAVEN AVEROSS. His actions caused interference to RAVEN AVEROSS and then to his own horse. The charge is proven.
--Penalty:
--Mr Muirhead said the recommended starting point was a fine of $400.00 and/or a two week suspension. He said Mr Hunt had no breaches of the rules in the last 12 months. The offending was at the midpoint on the scale of seriousness. Mr Hunt has between 10 and 25 drives per year. He recommended a suspension of 2 – 3 weeks. Mr Hunt said he would prefer a suspension.
--In fixing penalty, the committee takes into account the following:
--1. Submissions of Mr Muirhead.
2. The submission of Mr Hunt.
3. The offending was mid-scale on the scale of seriousness – 2 horses lost their chances.
4. The recommended starting point as stated by Mr Muirhead.
5. Mr Hunt’s clear driving record.
6. The infrequency with which Mr Hunt drives.
Balancing all of those matters the committee suspends Mr Hunt’s horseman’s licence for a period of three weeks commencing at the end of racing on 20th March 2009 and concluding at the end of racing on 9th April 2009.
--
B. Rowe
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 90df8ff0dde8ba324b14dc130f78ae94
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b8bc1cdd3d6c27967ae9a1215e6ccc62
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2009
meet_title: Auckland TC - 20 March 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC