Archive Decision

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Auckland TC – 7 August 2009 – Race 7

ID: JCA22928

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 7 August 2009

Race Date:
2009/08/07

Race Number:
Race 7

Decision:

Following the running of Race 7, Cirque de Soleil Mobile Pace, an information was filed by Stipendiary Steward, Mr J M Muirhead, against Licensed Open Horseman, Mr A S Grayling, alleging a breach of Rule 869 (4) in that he “drove in a manner which caused interference to trailing hoses THE WAY YOU KISSME (A M Donnelly), POCKET MACH (J P Stormont), EBONY GIRL (R C Downey) and BEST TIME (T W Mitchell) when he restrained SHEZALUCKYDREAMER with approximately 1700 metres to run”.
 



Following the running of Race 7, Cirque de Soleil Mobile Pace, an information was filed by Stipendiary Steward, Mr J M Muirhead, against Licensed Open Horseman, Mr A S Grayling, alleging a breach of Rule 869 (4) in that he “drove in a manner which caused interference to trailing hoses THE WAY YOU KISSME (A M Donnelly), POCKET MACH (J P Stormont), EBONY GIRL (R C Downey) and BEST TIME (T W Mitchell) when he restrained SHEZALUCKYDREAMER with approximately 1700 metres to run”.
 
Mr Grayling was present at the hearing of the information and he indicated that he admitted the breach. The charge was found proved accordingly.

--

Rule 869 provides as follows:
(4)  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.

--

Mr Muirhead showed video replays of the incident with approximately 1700 metres to run. He pointed out Mr Grayling on SHEZALUCKYDREAMER racing outside the leader. At that point, LEE MER (N A Chilcott) improved round the outside and Mr Grayling eased or restrained back rather that wait for Miss Chilcott to cross him. As a consequence, the trailing runners all got “cramped up”.  Two runners immediately behind Mr Grayling were restrained but the two other runners behind them – EBONY GIRL and BEST TIME – both received interference and broke. There would not have been a problem if Mr Grayling had steadied his horse and waited for Miss Chilcott to come round.

--

Mr Muirhead recommended a 2-days’ suspension. Mr Grayling had a clear driving record as far as causing interference was concerned.

--

Mr Grayling said that, on viewing the video, he could see the “domino effect” of his actions. He submitted that the horse, THE WAY YOU KISSME, was “a little bit green” and had contributed to what happened. He conceded that he was responsible for what happened but said he was “a little unlucky.” His own horse had been racing a little bit keenly. He was not aware of what had happened at the time, he said.

--

Mr Grayling indicated that he would prefer a term of suspension to a fine.

--

The Committee had regard, in determining penalty, to Mr Grayling’s admission of the breach and his good driving record. The Committee was of the view that a 2-days’ suspension was appropriate for the particular breach and Mr Grayling’s horseman’s licence was suspended from the close of racing on 7 August 2009 up to and including Thursday, 20 August 2009 – effectively, 2 days.

--

R G McKenzie
CHAIR
67701

--

 

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: f78b134201ab28c4343e7f89d06647ff


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 07/08/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 7 August 2009 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 7, Cirque de Soleil Mobile Pace, an information was filed by Stipendiary Steward, Mr J M Muirhead, against Licensed Open Horseman, Mr A S Grayling, alleging a breach of Rule 869 (4) in that he “drove in a manner which caused interference to trailing hoses THE WAY YOU KISSME (A M Donnelly), POCKET MACH (J P Stormont), EBONY GIRL (R C Downey) and BEST TIME (T W Mitchell) when he restrained SHEZALUCKYDREAMER with approximately 1700 metres to run”.
 



Following the running of Race 7, Cirque de Soleil Mobile Pace, an information was filed by Stipendiary Steward, Mr J M Muirhead, against Licensed Open Horseman, Mr A S Grayling, alleging a breach of Rule 869 (4) in that he “drove in a manner which caused interference to trailing hoses THE WAY YOU KISSME (A M Donnelly), POCKET MACH (J P Stormont), EBONY GIRL (R C Downey) and BEST TIME (T W Mitchell) when he restrained SHEZALUCKYDREAMER with approximately 1700 metres to run”.
 
Mr Grayling was present at the hearing of the information and he indicated that he admitted the breach. The charge was found proved accordingly.

--

Rule 869 provides as follows:
(4)  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.

--

Mr Muirhead showed video replays of the incident with approximately 1700 metres to run. He pointed out Mr Grayling on SHEZALUCKYDREAMER racing outside the leader. At that point, LEE MER (N A Chilcott) improved round the outside and Mr Grayling eased or restrained back rather that wait for Miss Chilcott to cross him. As a consequence, the trailing runners all got “cramped up”.  Two runners immediately behind Mr Grayling were restrained but the two other runners behind them – EBONY GIRL and BEST TIME – both received interference and broke. There would not have been a problem if Mr Grayling had steadied his horse and waited for Miss Chilcott to come round.

--

Mr Muirhead recommended a 2-days’ suspension. Mr Grayling had a clear driving record as far as causing interference was concerned.

--

Mr Grayling said that, on viewing the video, he could see the “domino effect” of his actions. He submitted that the horse, THE WAY YOU KISSME, was “a little bit green” and had contributed to what happened. He conceded that he was responsible for what happened but said he was “a little unlucky.” His own horse had been racing a little bit keenly. He was not aware of what had happened at the time, he said.

--

Mr Grayling indicated that he would prefer a term of suspension to a fine.

--

The Committee had regard, in determining penalty, to Mr Grayling’s admission of the breach and his good driving record. The Committee was of the view that a 2-days’ suspension was appropriate for the particular breach and Mr Grayling’s horseman’s licence was suspended from the close of racing on 7 August 2009 up to and including Thursday, 20 August 2009 – effectively, 2 days.

--

R G McKenzie
CHAIR
67701

--

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.4


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 43addaca0ef2a4c85f60d795b1c9bf1c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


submittochair:


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waitingforpublication: 0


meet_emailed1: 0


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meetdate: 07/08/2009


meet_title: Auckland TC - 7 August 2009


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meet_racingtype: harness-racing


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name: Auckland TC