Banks Peninsula TC 29 September 2013 – R 1
ID: JCA12874
Meet Title:
Banks Peninsula TC - 29 September 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/09/29
Race Number:
R1
Decision:
The charge was found proved.
Penalty:
Mr White was fined the sum of $200.
Charge:
Driving in a manner causing or likely to cause interference.
Facts:
Following the running of Race 1, Bishopdale & Bush Inn TAB’s Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Amateur Horseman, Mr A C White, alleging that Mr White, as the driver of ITS NUKES in the race, “drove ITS NUKES in a manner which caused interference to GRACEANDTEMIKA (N G Chalmers) with approximately 800 metres to run”.
Mr White was present at the hearing of the information and he indicated that he denied the charge.
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.
Submissions for Decision:
Mr Ydgren showed video replays of the relevant part of the race – with approximately 800 metres to race. He pointed out Mr White, driving ITS NUKES, racing towards the rear of the field and in the 2-wide position. To his outside and improving forward was GRACEANDTEMIKA, driven by Mr Chalmers.
Mr Ydgren said that it was the Stewards’ allegation that Mr White had attempted to improve outwards and to shift Mr Chalmers wider on the track, which had caused Mr Chalmers’ horse to gallop. The “pushout Rule” did not apply, as the incident took place within the final 1000 metres of the race, but drivers are required to have a clear advantage before attempting to shift other horses wider. Mr White did not have such an advantage, Mr Ydgren alleged. The horses were racing “nose-to-nose”, he submitted. Mr White did not have the right to shift outwards and, as a result, Mr Chalmers’ horse galloped.
Mr Chalmers said that he was in the 3-wide line moving forward and, he believed, his horse’s nose was in front of Mr White’s horse. Mr White then attempted to push him out when he had no right to do so. He described the shift, when asked by Mr Ydgren, as “quite abrupt”. There was contact, Mr Chalmers said. The sulkies of the horses had locked wheels.
Mr White put it to Mr Chalmers that he could see that Mr White was going to push him out. He said that Mr Chalmers’ horse’s head could be seen to turn in prior to its galloping. Mr Chalmers said that he was not going to ease back to let Mr White out and was entitled to hold his position. Mr White submitted that Mr Chalmers had tried to push him back down.
Mr White admitted that he had made an attempt to ease Mr Chalmers out. He said that he had discontinued the outwards movement when Mr Chalmers “erratically pushed his horse down”, causing his own horse to gallop. He was driving one of the favourites and had to take the opportunity to come out when the speed quickened. His movement had caused Mr Chalmers to push his horse down onto his, Mr White accepted.
Mr Ydgren commented that Mr Chalmers was not in a position in which he had to give way. He was entitled to hold his position as Mr White did not have an advantage.
Reasons for Decision:
The Committee carefully viewed the video replays of the incident, with approximately 800 metres to run in the race, and also listened to the evidence and submissions of the parties.
The Committee found that that, with approximately 800 metres to run, Mr Chalmers on GRACEANDTEMIKA was improving 3-wide with ITS NUKES, driven by Mr White, on his inside. At that point, Mr White attempted to ease Mr Chalmers out. He was only entitled to do this if he had a clear advantage over Mr Chalmers’ horse and could ease it out with safety.
The video evidence clearly showed, and Mr Chalmers’ evidence confirmed it, that at no stage did Mr White have a clear advantage or, indeed, any advantage. Furthermore, we find that Mr White’s outward movement was not slow and gradual but was, rather, quite sudden. Mr Chalmers was entitled to hold his position and not be pushed out by Mr White in those circumstances. We do not accept Mr White’s evidence that Mr Chalmers caused his own horse to break.
We, therefore, find that Mr White drove in a manner causing or likely to cause interference to GRACEANDTEMIKA, as alleged.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide which gave a starting point of an 8 drives’ suspension or a fine of $400. The Stewards placed the level of offending on this occasion “quite low down on the scale”, he said. Mr Chalmers’ horse did break but lost, probably, only a length and was able to be driven competitively for the rest of the race. The Stewards did not believe that the chances of GRACEANDTEMIKA had been affected and, hence, no protest had been lodged.
Mr White had a clear record under the Rule. Mr Ydgren left the matter of penalty and the level of any fine to the Committee.
Mr White reminded the Committee that he does not get paid for driving and, in fact, is out of pocket to drive in races. He accepted that Amateur Drivers were subject to the same Rules and penalties as professional drivers.
Reasons for Penalty:
In arriving at penalty, the Committee had regard to the starting point referred to in the Penalty Guide, as pointed out by Mr Ydgren. Mitigating factors were Mr White’s clear record and that the breach was at the lower end of the scale. The Committee agreed with Mr Ydgren in that regard. The Committee also had some regard to Mr White’s submission regarding the position of Amateur Drivers.
Weighing all factors, the Committee was of the view that a fine of $200 was an appropriate penalty.
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: 63a022f4d02b01ebbc4f2f1822d2f636
informantnumber: A1621
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 20/09/2013
hearing_title: Banks Peninsula TC 29 September 2013 - R 1
charge:
Driving in a manner causing or likely to cause interference.
facts:
Following the running of Race 1, Bishopdale & Bush Inn TAB’s Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Amateur Horseman, Mr A C White, alleging that Mr White, as the driver of ITS NUKES in the race, “drove ITS NUKES in a manner which caused interference to GRACEANDTEMIKA (N G Chalmers) with approximately 800 metres to run”.
Mr White was present at the hearing of the information and he indicated that he denied the charge.
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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed video replays of the relevant part of the race – with approximately 800 metres to race. He pointed out Mr White, driving ITS NUKES, racing towards the rear of the field and in the 2-wide position. To his outside and improving forward was GRACEANDTEMIKA, driven by Mr Chalmers.
Mr Ydgren said that it was the Stewards’ allegation that Mr White had attempted to improve outwards and to shift Mr Chalmers wider on the track, which had caused Mr Chalmers’ horse to gallop. The “pushout Rule” did not apply, as the incident took place within the final 1000 metres of the race, but drivers are required to have a clear advantage before attempting to shift other horses wider. Mr White did not have such an advantage, Mr Ydgren alleged. The horses were racing “nose-to-nose”, he submitted. Mr White did not have the right to shift outwards and, as a result, Mr Chalmers’ horse galloped.
Mr Chalmers said that he was in the 3-wide line moving forward and, he believed, his horse’s nose was in front of Mr White’s horse. Mr White then attempted to push him out when he had no right to do so. He described the shift, when asked by Mr Ydgren, as “quite abrupt”. There was contact, Mr Chalmers said. The sulkies of the horses had locked wheels.
Mr White put it to Mr Chalmers that he could see that Mr White was going to push him out. He said that Mr Chalmers’ horse’s head could be seen to turn in prior to its galloping. Mr Chalmers said that he was not going to ease back to let Mr White out and was entitled to hold his position. Mr White submitted that Mr Chalmers had tried to push him back down.
Mr White admitted that he had made an attempt to ease Mr Chalmers out. He said that he had discontinued the outwards movement when Mr Chalmers “erratically pushed his horse down”, causing his own horse to gallop. He was driving one of the favourites and had to take the opportunity to come out when the speed quickened. His movement had caused Mr Chalmers to push his horse down onto his, Mr White accepted.
Mr Ydgren commented that Mr Chalmers was not in a position in which he had to give way. He was entitled to hold his position as Mr White did not have an advantage.
reasonsfordecision:
The Committee carefully viewed the video replays of the incident, with approximately 800 metres to run in the race, and also listened to the evidence and submissions of the parties.
The Committee found that that, with approximately 800 metres to run, Mr Chalmers on GRACEANDTEMIKA was improving 3-wide with ITS NUKES, driven by Mr White, on his inside. At that point, Mr White attempted to ease Mr Chalmers out. He was only entitled to do this if he had a clear advantage over Mr Chalmers’ horse and could ease it out with safety.
The video evidence clearly showed, and Mr Chalmers’ evidence confirmed it, that at no stage did Mr White have a clear advantage or, indeed, any advantage. Furthermore, we find that Mr White’s outward movement was not slow and gradual but was, rather, quite sudden. Mr Chalmers was entitled to hold his position and not be pushed out by Mr White in those circumstances. We do not accept Mr White’s evidence that Mr Chalmers caused his own horse to break.
We, therefore, find that Mr White drove in a manner causing or likely to cause interference to GRACEANDTEMIKA, as alleged.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide which gave a starting point of an 8 drives’ suspension or a fine of $400. The Stewards placed the level of offending on this occasion “quite low down on the scale”, he said. Mr Chalmers’ horse did break but lost, probably, only a length and was able to be driven competitively for the rest of the race. The Stewards did not believe that the chances of GRACEANDTEMIKA had been affected and, hence, no protest had been lodged.
Mr White had a clear record under the Rule. Mr Ydgren left the matter of penalty and the level of any fine to the Committee.
Mr White reminded the Committee that he does not get paid for driving and, in fact, is out of pocket to drive in races. He accepted that Amateur Drivers were subject to the same Rules and penalties as professional drivers.
reasonsforpenalty:
In arriving at penalty, the Committee had regard to the starting point referred to in the Penalty Guide, as pointed out by Mr Ydgren. Mitigating factors were Mr White’s clear record and that the breach was at the lower end of the scale. The Committee agreed with Mr Ydgren in that regard. The Committee also had some regard to Mr White’s submission regarding the position of Amateur Drivers.
Weighing all factors, the Committee was of the view that a fine of $200 was an appropriate penalty.
penalty:
Mr White was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: A C White, Licensed Advanced Amateur Driver
Otherperson: N G Chalmers, Licensed Advanced Amateur Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 88ceba05fe03f6e7c53b37725266e6a2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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meetid: 4a14364d39db467fe34fa38d30541bed
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/09/2013
meet_title: Banks Peninsula TC - 29 September 2013
meet_expappcomment:
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tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC