Banks Peninsula TC – 22 February 2008 –

hearingid: 28a82129a15cd0191a510f9c4c22a91b

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hearing_racingtype: harness-racing

startdate: 22/02/2008

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hearing_title: Banks Peninsula TC - 22 February 2008 -

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Following the running of Race 6, Motukarara 20,000 Classic Richmond Workingmen’s Club Discretionary Handicap Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R D Holmes, alleging a breach of Rule 869 (3) (b) in that Mr Holmes, as the driver of BIELLA STAR in the Race, “drove carelessly when attempting to shift JACCKA PERO (T M Williams) wider, resulting in BIELLA STAR breaking, causing checks to trailling runners with approximately 700 metres to run”.

Mr Holmes was present at the hearing of the information and did not admit the breach.

Mr P N Jones, driver of PAUL BROMAC in the Race, stated that he had been following Mr Holmes and that, in his opinion, Mr Holmes was far too late in coming out. He had had a chance to get out but was “far too late” in doing so. The outside horse had got a neck advantage over Mr Holmes, he said. Mr Holmes ended up running onto the cart of the horse outside him, breaking and “causing a bit of havoc behind him”.

Mrs K R Williams, Stipendiary Steward, who had viewed the incident from the patrol box at the end of the back straight near the 700 metres, showed video replays of the incident. She pointed out KAYE AT QUINNS (J F Curtin) with Mr Holmes behind and Mr Jones behind Mr Holmes, all of those runners being in the one-out line. Outside them was JACCKA PERO (T M Williams) improving 3-wide following PRINCE LOCHIE (P C McClelland). Mr Holmes attempted to move out when not in a position to do so resulting in his horse breaking as a result of running into a gap, where there was not sufficient room, between Mr Curtin and Mr Williams.

Mr Holmes did not contest the evidence given by either Mr Jones or Mrs Williams. He said that he had followed Mr Curtin and his horse had raced “very keenly” prior to JACCKA PERO improving outside him. He felt his horse was “getting into trouble” and he felt that, at the time, there was time to come out. His horse’s head was up in the air and he had not been able to steer him fully. He then decided to move back down. He did not feel that he had made contact with the horse outside. Mr Holmes acknowledged that it was “tight” but the outside horse “had the wood” on him so he moved back down. He said that he was getting in trouble and it was a “split decision” to move is horse out. He alleged that Mr Williams was not trailling up on the back of PRINCE LOCHIE and he believed there was an opportunity to come out. If he had stayed where he was, he would probably have “climbed” into the back of Mr Curtin’s cart and, possibly, resulting in trailing runners falling. He had tried to “eliminate a bigger problem”. Mr Jones had lost “two lengths, maybe” but no runner had suffered significant interference, Mr Holmes submitted.

Mr McIntyre submitted that Mr Holmes was driving an untractable horse. He had a “small window of opportunity” to shift out resulting in a check to his horse. It was a “high-risk manoeuvre”, Mr McIntyre submitted. It was an error of judgment – he should have stayed where he was.

Following a deliberation, the Committee delivered the following oral decision:

“I have listened to the evidence and submissions of the parties in this matter and I have carefully viewed the video replays. I found the evidence of Mr P N Jones, driver of MORTY, who was trailing Mr Holmes at the time, to be quite credible and supported by the video replays. His evidence was that Mr Holmes was simply too late in coming out, having had an opportunity to do so earlier, and ended up on the cart of the horse outside, JACCKA PERO (T M Williams). I am satisfied, based on the oral evidence and the videos, that Mr Holmes attempted to shift BIELLA STAR out from the back of KAYE AT QUINNS with approximately 700 metres to run when he was not entitled to do so as a result of which his horse broke and caused checks to a number of runners behind him. I accept that his horse may have been giving him a difficult drive at that point in the Race and, I further accept, that he may have believed he was able to safely come off Mr Curtin’s back at that point. However, he committed an error of judgment, in my view, in attempting to shift out when he was not able to do so and, in doing so, his driving fell short of the standard of a reasonable and prudent driver. I find the charge of careless driving to be proved.”

In relation to penalty, Mr McIntyre said that Mr Holmes is a senior horseman. He has had 271 drives in the current season and not breached the Rule within the past 12 months. He recommended a fine of $200.

Mr Holmes declined the opportunity to make any submissions concerning penalty.

Having regard to Mr Holmes’ submission that his horse was pulling, which was not disputed by Mr McIntyre, and to his very good driving record, the Committee was of the view that the fine recommended by Mr McIntyre was appropriate in all the circumstances. Mr Holmes was fined the sum of $200 accordingly.     

R G McKenzie

JUDICIAL COMMITTEE

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Rules: 869.3.b

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