Auckland TC 20 November 2015 – R 4 – Chair, Mr A Dooley
ID: JCA13330
Meet Title:
Auckland TC - 20 November 2015
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2015/11/20
Race Number:
R4
Decision:
For reasons outlined above the Committee find the charge proved.
Penalty:
Accordingly, Mr Williams is fined $300.
Facts:
Following the running of Race 4, Blockhouse Bay Barfoot & Thompson Mobile Pace, an Information was filed by Stipendiary Steward Mr J Muirhead. He alleged that Open Horseman Mr T Williams allowed STROKE OF LUCK to improve inside the line of LEBRON (M McKendry) which resulted in STROKE OF LUCK crowding EYE BROW (D Butcher) which had CROCKETT’S CULLEN to its inside with resultant interference to EYE BROW approaching the first bend.
Mr Williams acknowledged that he understood the Rule and confirmed he denied 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.'
Submissions for Decision:
Mr Muirhead told the Committee he would be calling Mr Butcher the driver of EYE BROW as a witness.
The following are the salient points from the hearing.
Mr Mulcay demonstrated the alleged incident on the available video footage. He identified that Mr Williams drew barrier 5 and racing into the first bend he allowed his horse to shift ground inwards. He said Mr Williams has gone from 5 wide to 3 wide and identified that his horse's legs were inside Mr McKendry’s sulky wheel. He stated Mr McKendry was entitled to come in when he did.
Mr Muirhead stated that Mr Williams was looking to go inside Mr McKendry when he shouldn’t have. He said this resulted in Mr Butcher being crowded for room and it caused EYE BROW to break for several strides. He believed Mr Williams should have done a lot more before it got very tight. He identified on the video footage that leading up to the incident STROKE OF LUCK was racing with its head straight and the horse was going where Mr Williams allowed it to go. He acknowledged that Mr Williams tried to get out again but it was too late because the incident had occurred. He advised that STROKE OF LUCK was racing with a pricker on the off side rein.
Mr Butcher when called as a witness stated that he was in tight quarters racing into the first bend. He said he received pressure from Mr Williams who was racing on his outside which resulted in his horse's hind legs being touched. He stated this caused his horse to break for several strides and confirmed that contact did occur.
Mr Williams did not wish to cross examine Mr Butcher.
Mr Williams stated that he had no intention of being in the position he found himself in. He said his horse was wanting to lay in on the bend and advised that in its 3 previous starts the horse had worn a boring pole. He added that STROKE OF LUCK will wear a boring pole in its next start. He said he was doing his best to keep out and was aware there were 2 horses racing on his inside. He believed the key point is that he was following Mr McKendry and when he eased in front of him he had to clear him otherwise he would have contacted him.
In response to a question from the Committee Mr Williams confirmed that his sulky wheel brushed the hind leg of EYE BROW.
Under cross examination Mr Williams acknowledged to Mr Muirhead that Mr McKendry was always in a 3 wide position. Mr Williams stated that he had no intention to shift in because there was no room and reiterated that he was doing his best to avoid any interference.
In summing up Mr Muirhead submitted that Mr Williams tried to go forward and shift in and got caught out in a pocket where he shouldn’t have been. He said in the opinion of the Stewards Mr Williams allowed this happen and he didn’t do enough to prevent it. He added there is no doubt that interference occurred.
In summing up Mr Williams submitted that he was quite happy where he was in the running and observed there was no available position to his inside. He stated that STROKE OF LUCK drifted in and was proving to be a difficult drive.
Reasons for Decision:
The Committee carefully considered all the submissions presented and reviewed the video footage several times at slow speed. We established that just prior to going into the first bend LEBRON (Mr McKendry) is racing in a 3 wide position and in 3rd place with STROKE OF LUCK (Mr Williams) following him in 4th position and 3 wide. At this point Mr Williams directs his horse to improve inside the running line of LEBRON when he is not sufficiently clear of EYE BROW which is racing on his inside and about 1 length behind him. When Mr McKendry eased his drive Mr Williams finds himself in a position with insufficient room left for the 2 horses on his inside. This resulted in EYE BROW being checked when placed in restricted room causing that horse to break for several strides. The video footage clearly shows that STROKE OF LUCK did interfere with the progress of EYE BROW.
Mr Butcher’s and Mr Muirhead’s evidence is compelling and supported by the video footage.
Submissions for Penalty:
Mr Muirhead produced Mr Williams' driving record which showed there were no previous breaches of this Rule. He noted the JCA Penalty Guidelines recommended a suspension of 8 drives or a fine of $400 as a starting point when a driver causes interference to his own or another horse or horseman. Mr Muirhead submitted a $400 fine would be the appropriate starting point for this charge.
Mr Williams submitted that he earns his living from driving and a monetary fine would be an appropriate penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Williams' clear record as a busy driver under this Rule and the level of carelessness is low to mid - range. We consider the check to his own horse is minor and he did attempt to take some corrective action but it was too late. The Committee adopted the recommended starting point of a $400 fine. In fixing penalty the Committee has given Mr Williams a $100 reduction for the mitigating factors involved in this case.
The Committee referred to similar breaches of this rule when determining penalty.
After taking into account all the above factors the Committee considers an appropriate penalty is a $300 fine.
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: 62c89cae1c697ee7f4e8ed372d17c371
informantnumber: A7433
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing Interference
plea: denied
penaltyrequired: 1
decisiondate: 22/11/2015
hearing_title: Auckland TC 20 November 2015 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of Race 4, Blockhouse Bay Barfoot & Thompson Mobile Pace, an Information was filed by Stipendiary Steward Mr J Muirhead. He alleged that Open Horseman Mr T Williams allowed STROKE OF LUCK to improve inside the line of LEBRON (M McKendry) which resulted in STROKE OF LUCK crowding EYE BROW (D Butcher) which had CROCKETT’S CULLEN to its inside with resultant interference to EYE BROW approaching the first bend.
Mr Williams acknowledged that he understood the Rule and confirmed he denied 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.'
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead told the Committee he would be calling Mr Butcher the driver of EYE BROW as a witness.
The following are the salient points from the hearing.
Mr Mulcay demonstrated the alleged incident on the available video footage. He identified that Mr Williams drew barrier 5 and racing into the first bend he allowed his horse to shift ground inwards. He said Mr Williams has gone from 5 wide to 3 wide and identified that his horse's legs were inside Mr McKendry’s sulky wheel. He stated Mr McKendry was entitled to come in when he did.
Mr Muirhead stated that Mr Williams was looking to go inside Mr McKendry when he shouldn’t have. He said this resulted in Mr Butcher being crowded for room and it caused EYE BROW to break for several strides. He believed Mr Williams should have done a lot more before it got very tight. He identified on the video footage that leading up to the incident STROKE OF LUCK was racing with its head straight and the horse was going where Mr Williams allowed it to go. He acknowledged that Mr Williams tried to get out again but it was too late because the incident had occurred. He advised that STROKE OF LUCK was racing with a pricker on the off side rein.
Mr Butcher when called as a witness stated that he was in tight quarters racing into the first bend. He said he received pressure from Mr Williams who was racing on his outside which resulted in his horse's hind legs being touched. He stated this caused his horse to break for several strides and confirmed that contact did occur.
Mr Williams did not wish to cross examine Mr Butcher.
Mr Williams stated that he had no intention of being in the position he found himself in. He said his horse was wanting to lay in on the bend and advised that in its 3 previous starts the horse had worn a boring pole. He added that STROKE OF LUCK will wear a boring pole in its next start. He said he was doing his best to keep out and was aware there were 2 horses racing on his inside. He believed the key point is that he was following Mr McKendry and when he eased in front of him he had to clear him otherwise he would have contacted him.
In response to a question from the Committee Mr Williams confirmed that his sulky wheel brushed the hind leg of EYE BROW.
Under cross examination Mr Williams acknowledged to Mr Muirhead that Mr McKendry was always in a 3 wide position. Mr Williams stated that he had no intention to shift in because there was no room and reiterated that he was doing his best to avoid any interference.
In summing up Mr Muirhead submitted that Mr Williams tried to go forward and shift in and got caught out in a pocket where he shouldn’t have been. He said in the opinion of the Stewards Mr Williams allowed this happen and he didn’t do enough to prevent it. He added there is no doubt that interference occurred.
In summing up Mr Williams submitted that he was quite happy where he was in the running and observed there was no available position to his inside. He stated that STROKE OF LUCK drifted in and was proving to be a difficult drive.
reasonsfordecision:
The Committee carefully considered all the submissions presented and reviewed the video footage several times at slow speed. We established that just prior to going into the first bend LEBRON (Mr McKendry) is racing in a 3 wide position and in 3rd place with STROKE OF LUCK (Mr Williams) following him in 4th position and 3 wide. At this point Mr Williams directs his horse to improve inside the running line of LEBRON when he is not sufficiently clear of EYE BROW which is racing on his inside and about 1 length behind him. When Mr McKendry eased his drive Mr Williams finds himself in a position with insufficient room left for the 2 horses on his inside. This resulted in EYE BROW being checked when placed in restricted room causing that horse to break for several strides. The video footage clearly shows that STROKE OF LUCK did interfere with the progress of EYE BROW.
Mr Butcher’s and Mr Muirhead’s evidence is compelling and supported by the video footage.
Decision:
For reasons outlined above the Committee find the charge proved.
sumissionsforpenalty:
Mr Muirhead produced Mr Williams' driving record which showed there were no previous breaches of this Rule. He noted the JCA Penalty Guidelines recommended a suspension of 8 drives or a fine of $400 as a starting point when a driver causes interference to his own or another horse or horseman. Mr Muirhead submitted a $400 fine would be the appropriate starting point for this charge.
Mr Williams submitted that he earns his living from driving and a monetary fine would be an appropriate penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Williams' clear record as a busy driver under this Rule and the level of carelessness is low to mid - range. We consider the check to his own horse is minor and he did attempt to take some corrective action but it was too late. The Committee adopted the recommended starting point of a $400 fine. In fixing penalty the Committee has given Mr Williams a $100 reduction for the mitigating factors involved in this case.
The Committee referred to similar breaches of this rule when determining penalty.
After taking into account all the above factors the Committee considers an appropriate penalty is a $300 fine.
penalty:
Accordingly, Mr Williams is fined $300.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr T Williams - Open Horseman
Otherperson: Mr D Butcher - Driver of EYE BROW, Mr S Mulcay - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 3d02a3f91ef94f62a62e62139e084938
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race_emailed1: 0
race_emailed2: 0
race_title: R4
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meetdate: 20/11/2015
meet_title: Auckland TC - 20 November 2015
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meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
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name: Auckland TC