Bay of Plenty HRC – 19 October 2006 – Race 8
ID: JCA20167
Hearing Type (Code):
harness-racing
Meet Title:
Bay of Plenty HRC - 19 October 2006
Race Date:
2006/10/19
Race Number:
Race 8
Decision: --
An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Shaw, driver of YEAH BABY, alleging a breach of Rule 869(7A)(c)
--
DECISION & REASON
--An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Shaw, driver of YEAH BABY, alleging a breach of Rule 869(7A)(c), in that he failed to ensure that his inward movement with YEAH BABY did not cause MONTEROSSO, driven by Ms A Donnelly, to be forced over the marker line racing into the first bend. Mr Shaw denied the breach and was present at the hearing.
--The relevant rule was read and the defences provided therein explained to Mr Shaw.
--Mr Muirhead gave evidence of his observations of the incident and his interpretation of the video films. REVAMY, driven by Mr D Butcher, drew barrier 1 on the front row, YEAH BABY barrier 5 on the front row, and MONTEROSSO barrier 1 on the second row. REVAMY went to the lead from the start but moved outwards about a sulky width. YEAH BABY moved inwards to get on the back of REVAMY. MONTEROSSO progressed towards the trail along the marker pegs. Going into the first bend, REVAMY moved inwards and Mr Shaw moved YEAH BABY inwards to follow REVAMY. Mr Muirhead heard Ms Donnelly call out. He saw Ms Donnelly's sulky wheel go over 4 marker pegs and pointed this out on the video film. He said Mr Shaw was not entitled to move his horse in when he did.
--Ms Donnelly said she followed REVAMY out of the barrier and things got tight. She yelled to Mr Shaw, her sulky wheel hit the pylons, Mr Shaw moved outwards, there was no contact. She told Mr Shaw her horse was not on one rein at the time and she was not having trouble with her horse then. She told the Chairman the reason her sulky wheel went over the marker pegs was because "Mr Shaw's horse came in on top of me."
--Mr Shaw said there was room for him to come inwards, he had one and a half lengths advantage, Ms Donnelly called out, he moved out, there was no contact. He said MONTEROSSO was hanging in ? it had its head around ? MONTEROSSO was not keeping up, the horse leading dictates the running line, not the pylons. Ms Donnelly should not have put her horse in the gap; there was not enough room.
--Decision and Reasons:
--The two issues in dispute were firstly whether or not YEAH BABY was sufficiently clear of MONTEROSSO so as to safely move inwards and secondly was MONTEROSSO hanging in at the relevant time. The Chairman had no hesitation in accepting the evidence of Mr Muirhead and Ms Donnelly.
--Their evidence was substantiated by the video film. At most, YEAH BABY was about three-quarters of a length ahead of MONTEROSSO when Mr Shaw made the inward movement. The Chairman accepted Ms Donnelly's evidence that MONTEROSSO was not hanging in. That too was confirmed by the video. It is clear from the evidence that Mr Shaw failed to ensure that his inward movement did not cause the sulky of MONTEROSSO to protrude over the marker line. The charge was proven.
--Penalty:
--Mr Muirhead said Mr Shaw had no relevant breaches of the rules recorded against him, the offending was at the lower end of the scale and recommended a fine in the range $250-$500.
--Mr Shaw declined to make any submissions.
--The Chairman took into account the following:
--- --
- The submissions of Mr Muirhead --
- Mr Shaw's excellent driving record --
- The offending was at the lower end of the scale --
- The offending was in essence an error of judgement brought about in part by the initial outward movement of REVAMY, placing the offending at the lower end of the scale.
A fine of $250 was imposed.
--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: 4316a8127e3be52f411ee12afb4227a0
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 19/10/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Bay of Plenty HRC - 19 October 2006 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Shaw, driver of YEAH BABY, alleging a breach of Rule 869(7A)(c)
--
DECISION & REASON
--An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Shaw, driver of YEAH BABY, alleging a breach of Rule 869(7A)(c), in that he failed to ensure that his inward movement with YEAH BABY did not cause MONTEROSSO, driven by Ms A Donnelly, to be forced over the marker line racing into the first bend. Mr Shaw denied the breach and was present at the hearing.
--The relevant rule was read and the defences provided therein explained to Mr Shaw.
--Mr Muirhead gave evidence of his observations of the incident and his interpretation of the video films. REVAMY, driven by Mr D Butcher, drew barrier 1 on the front row, YEAH BABY barrier 5 on the front row, and MONTEROSSO barrier 1 on the second row. REVAMY went to the lead from the start but moved outwards about a sulky width. YEAH BABY moved inwards to get on the back of REVAMY. MONTEROSSO progressed towards the trail along the marker pegs. Going into the first bend, REVAMY moved inwards and Mr Shaw moved YEAH BABY inwards to follow REVAMY. Mr Muirhead heard Ms Donnelly call out. He saw Ms Donnelly's sulky wheel go over 4 marker pegs and pointed this out on the video film. He said Mr Shaw was not entitled to move his horse in when he did.
--Ms Donnelly said she followed REVAMY out of the barrier and things got tight. She yelled to Mr Shaw, her sulky wheel hit the pylons, Mr Shaw moved outwards, there was no contact. She told Mr Shaw her horse was not on one rein at the time and she was not having trouble with her horse then. She told the Chairman the reason her sulky wheel went over the marker pegs was because "Mr Shaw's horse came in on top of me."
--Mr Shaw said there was room for him to come inwards, he had one and a half lengths advantage, Ms Donnelly called out, he moved out, there was no contact. He said MONTEROSSO was hanging in ? it had its head around ? MONTEROSSO was not keeping up, the horse leading dictates the running line, not the pylons. Ms Donnelly should not have put her horse in the gap; there was not enough room.
--Decision and Reasons:
--The two issues in dispute were firstly whether or not YEAH BABY was sufficiently clear of MONTEROSSO so as to safely move inwards and secondly was MONTEROSSO hanging in at the relevant time. The Chairman had no hesitation in accepting the evidence of Mr Muirhead and Ms Donnelly.
--Their evidence was substantiated by the video film. At most, YEAH BABY was about three-quarters of a length ahead of MONTEROSSO when Mr Shaw made the inward movement. The Chairman accepted Ms Donnelly's evidence that MONTEROSSO was not hanging in. That too was confirmed by the video. It is clear from the evidence that Mr Shaw failed to ensure that his inward movement did not cause the sulky of MONTEROSSO to protrude over the marker line. The charge was proven.
--Penalty:
--Mr Muirhead said Mr Shaw had no relevant breaches of the rules recorded against him, the offending was at the lower end of the scale and recommended a fine in the range $250-$500.
--Mr Shaw declined to make any submissions.
--The Chairman took into account the following:
--- --
- The submissions of Mr Muirhead --
- Mr Shaw's excellent driving record --
- The offending was at the lower end of the scale --
- The offending was in essence an error of judgement brought about in part by the initial outward movement of REVAMY, placing the offending at the lower end of the scale.
A fine of $250 was imposed.
--B Rowe
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.7A.c
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7074cfbd758546838ddba9d3f988d08e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
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meetid: bcc5664f476cb7a76f06e26c56416037
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meetdate: 19/10/2006
meet_title: Bay of Plenty HRC - 19 October 2006
meet_expappcomment:
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tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair:
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name: Bay of Plenty HRC