Cambridge-Te Awamutu HRC 24 December 201- R 11(heard 30 December 2010 at Cambridge)
ID: JCA18903
Hearing Type (Code):
harness-racing
Meet Title:
Cambridge - Te Awamutu HRC - 24 December 2010
Meet Chair:
JHolloway
Meet Committee Member 1:
BScott
Race Date:
2010/12/24
Race Number:
R11
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren, Sitpendiary Steward
Defendant: Ms N Chilcott
Information No: 69405
Meeting: Cambridge Te Awamutu HRC
Date: 24 December 2010 (heard 30 December 2010)
Venue: Cambridge Raceway
Race: 11
Rule No: 869(4)
Judicial Committee: Jeff Holloway, Chairman – Bryan Rowe, Committee Member
Admitted: Denied
CHARGE:
Horsewoman N Chilcott was charged with causing interference to Mister T (T MacFarlane) and Thefasterthebettor (J Abernathy), this occurring with approximately 400 metres to run
This matter was dealt with at the Cambridge Te Awamutu HRC meeting on 30th December 2010 following an adjournment from the 24th December at the request of Miss Chilcott.
FACTS:
Stipendiary Steward Mr N Ydgren gave evidence and referred to camera footage of the relevant stages of the race identifying the various runners. On the back straight Mr Herlihy driving Bettor Dream was racing in the trail with Mr Z Butcher behind him followed by Miss Chilcott. Mr Herlihy was looking down at his right wheel which was flat from earlier in the race and his horse was tiring. Mr Butcher improved to move outside him and as he did do Miss Chilcott moved up immediately behind Mr Herlihy. Approaching the final turn Miss Chilcott moved out into the two wide position to avoid the rapidly slowing Mr Herlihy. At the same time Mr MacFarlane moved from the three wide position to two wide and followed Mr Mitchell. Miss Chilcott in moving out did not look around to see Mr MacFarlane who had to pull his horse back out and into the path of Mr Abernathy causing the sulkies to lock wheels and both horses subsequently galloped.
In response to questioning from Miss Chilcott Mr Ydgren confirmed that Mr Herlihy with a buckled wheel was slowing far quicker than would normally be expected. He could not comment as to whether Miss Chilcott would reasonably have known what had occurred to Mr Herlihy's wheel from her position. He also responded that it was subjective to say that there may have been far more carnage caused to following horses if Miss Chilcott had elected to stay where she was behind the rapidly slowing Mr Herlihy than electing as she had to take the gap outside him. Mr Herlihy had pulled his horse up about 50 metres later. Mr Ydgren confirmed that had Miss Chilcott stayed behind Mr Herlihy and interference had caused behind her then it would not have been her fault.
Mr MacFarlane driver of Mister T confirmed that his horse broke with approximately 400 metres to run after he was forced wider on the track into Mr Abernathy's path as Miss Chilcott moved out. He had moved away to allow her out. He could see Mr Herlihy was in trouble and that Miss Chilcott needed to get off his back. He believed that Miss Chilcott was entitled to come out as he was not sufficiently forward to control Miss Chilcott's outward move. He conceded the results could have been disastrous if Miss Chilcott had stayed behind Mr Herlihy and said his misfortune had occurred because Mr Abernathy had not moved wider to allow him to move out. His horse was having it second start and the fact that it was tiring may have contributed to its breaking. He confirmed he could hear Mr Herlihy yelling out to warn drivers around him. He was making no progress and Miss Chilcott's movement had no direct adverse effect on him. He had anticipated her move and because he was a length and a quarter back she was entitled to move out.
Miss Chilcott told the hearing she had no idea what had happened to Mr Herlihy. She could hear yelling and knew something was wrong but she didn't know where it was coming from. It appeared to her from looking at the films that both Mr Butcher immediately behind Mr Herlihy and Mr MacFarlane out wide could see Mr Herlihy's predicament. As Mr Butcher eased out she saw the opportunity to move up behind Mr Herlihy who was in the trail. This allowed her to be behind the two race favourites which she saw as an advantage. At that stage seeing Mr Herlihy's buckled wheel she moved out on the turn when in her opinion she was well clear of Mr MacFarlane who unbeknown to her was moving in from three wide. She had moved out to avoid a very serious accident and she realised that if there had been a horse outside she could not have come out. There was a gap and she took evasive action. In a similar incident she had been injured and off work for 6 months. It was a split second decision and a safety issue. Safety said get out of the way. Nothing would have occurred if Mr Herlihy had elected to pull inside the pylons as he should have. As it was her alternatives were to crash into the back of him or pull out and move around him.
SUBMISSIONS ON DECISION:
Mr Muirhead contended that Miss Chilcott had an obligation to make any moves outwards with safety. Miss Chilcott in moving out was intent in improving her own position rather than concerns about horses on her outside. On seeing the tiring horse she should have taken hold first before checking and moving out. Accordingly she interfered with the progress of Mr T and Thefasterthebettor.
Miss Chilcott submitted that the matter was clearly a safety issue and if Mr Herlihy had moved inside the pylons the incident would not have occurred. There would have been far more carnage if she had stayed where she was. She had elected in a split second to avert a potentially nasty situation.
REASONS FOR DECISION:
Miss Chilcott has made a split second decision motivated by the imminent prospect of a serious accident occurring and has elected to move off the running line into the two wide position. Mr MacFarlane in response to Miss Chilcott's action had taken evasive action by turning his horse outwards resulting in contact with Mr Abernathy and those two horses subsequently galloped. In doing so she has interfered with the progress of these two horses.
Miss Chilcott had few alternatives and the decision she made was in the opinion of the committee the better option. The result of her staying behind Mr Herlihy would most likely have been more catastrophic.
We are satisfied that interference occurred when Miss Chilcott move outwards from the running line to avoid Mr Herlihy but taking all the circumstances into account do not believe this breach justifies further action.
DECISION:
The Charge is dismissed.
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: 21add2132d261565950ed2b626bca0b0
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 24/12/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge-Te Awamutu HRC 24 December 201- R 11(heard 30 December 2010 at Cambridge)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren, Sitpendiary Steward
Defendant: Ms N Chilcott
Information No: 69405
Meeting: Cambridge Te Awamutu HRC
Date: 24 December 2010 (heard 30 December 2010)
Venue: Cambridge Raceway
Race: 11
Rule No: 869(4)
Judicial Committee: Jeff Holloway, Chairman – Bryan Rowe, Committee Member
Admitted: Denied
CHARGE:
Horsewoman N Chilcott was charged with causing interference to Mister T (T MacFarlane) and Thefasterthebettor (J Abernathy), this occurring with approximately 400 metres to run
This matter was dealt with at the Cambridge Te Awamutu HRC meeting on 30th December 2010 following an adjournment from the 24th December at the request of Miss Chilcott.
FACTS:
Stipendiary Steward Mr N Ydgren gave evidence and referred to camera footage of the relevant stages of the race identifying the various runners. On the back straight Mr Herlihy driving Bettor Dream was racing in the trail with Mr Z Butcher behind him followed by Miss Chilcott. Mr Herlihy was looking down at his right wheel which was flat from earlier in the race and his horse was tiring. Mr Butcher improved to move outside him and as he did do Miss Chilcott moved up immediately behind Mr Herlihy. Approaching the final turn Miss Chilcott moved out into the two wide position to avoid the rapidly slowing Mr Herlihy. At the same time Mr MacFarlane moved from the three wide position to two wide and followed Mr Mitchell. Miss Chilcott in moving out did not look around to see Mr MacFarlane who had to pull his horse back out and into the path of Mr Abernathy causing the sulkies to lock wheels and both horses subsequently galloped.
In response to questioning from Miss Chilcott Mr Ydgren confirmed that Mr Herlihy with a buckled wheel was slowing far quicker than would normally be expected. He could not comment as to whether Miss Chilcott would reasonably have known what had occurred to Mr Herlihy's wheel from her position. He also responded that it was subjective to say that there may have been far more carnage caused to following horses if Miss Chilcott had elected to stay where she was behind the rapidly slowing Mr Herlihy than electing as she had to take the gap outside him. Mr Herlihy had pulled his horse up about 50 metres later. Mr Ydgren confirmed that had Miss Chilcott stayed behind Mr Herlihy and interference had caused behind her then it would not have been her fault.
Mr MacFarlane driver of Mister T confirmed that his horse broke with approximately 400 metres to run after he was forced wider on the track into Mr Abernathy's path as Miss Chilcott moved out. He had moved away to allow her out. He could see Mr Herlihy was in trouble and that Miss Chilcott needed to get off his back. He believed that Miss Chilcott was entitled to come out as he was not sufficiently forward to control Miss Chilcott's outward move. He conceded the results could have been disastrous if Miss Chilcott had stayed behind Mr Herlihy and said his misfortune had occurred because Mr Abernathy had not moved wider to allow him to move out. His horse was having it second start and the fact that it was tiring may have contributed to its breaking. He confirmed he could hear Mr Herlihy yelling out to warn drivers around him. He was making no progress and Miss Chilcott's movement had no direct adverse effect on him. He had anticipated her move and because he was a length and a quarter back she was entitled to move out.
Miss Chilcott told the hearing she had no idea what had happened to Mr Herlihy. She could hear yelling and knew something was wrong but she didn't know where it was coming from. It appeared to her from looking at the films that both Mr Butcher immediately behind Mr Herlihy and Mr MacFarlane out wide could see Mr Herlihy's predicament. As Mr Butcher eased out she saw the opportunity to move up behind Mr Herlihy who was in the trail. This allowed her to be behind the two race favourites which she saw as an advantage. At that stage seeing Mr Herlihy's buckled wheel she moved out on the turn when in her opinion she was well clear of Mr MacFarlane who unbeknown to her was moving in from three wide. She had moved out to avoid a very serious accident and she realised that if there had been a horse outside she could not have come out. There was a gap and she took evasive action. In a similar incident she had been injured and off work for 6 months. It was a split second decision and a safety issue. Safety said get out of the way. Nothing would have occurred if Mr Herlihy had elected to pull inside the pylons as he should have. As it was her alternatives were to crash into the back of him or pull out and move around him.
SUBMISSIONS ON DECISION:
Mr Muirhead contended that Miss Chilcott had an obligation to make any moves outwards with safety. Miss Chilcott in moving out was intent in improving her own position rather than concerns about horses on her outside. On seeing the tiring horse she should have taken hold first before checking and moving out. Accordingly she interfered with the progress of Mr T and Thefasterthebettor.
Miss Chilcott submitted that the matter was clearly a safety issue and if Mr Herlihy had moved inside the pylons the incident would not have occurred. There would have been far more carnage if she had stayed where she was. She had elected in a split second to avert a potentially nasty situation.
REASONS FOR DECISION:
Miss Chilcott has made a split second decision motivated by the imminent prospect of a serious accident occurring and has elected to move off the running line into the two wide position. Mr MacFarlane in response to Miss Chilcott's action had taken evasive action by turning his horse outwards resulting in contact with Mr Abernathy and those two horses subsequently galloped. In doing so she has interfered with the progress of these two horses.
Miss Chilcott had few alternatives and the decision she made was in the opinion of the committee the better option. The result of her staying behind Mr Herlihy would most likely have been more catastrophic.
We are satisfied that interference occurred when Miss Chilcott move outwards from the running line to avoid Mr Herlihy but taking all the circumstances into account do not believe this breach justifies further action.
DECISION:
The Charge is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(4)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e66cdbaa3bc75d9cd39b40e00975eea2
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race_title: R11
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meet_title: Cambridge - Te Awamutu HRC - 24 December 2010
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name: Cambridge - Te Awamutu HRC