Cambridge – Te Awamutu HRC – 28 August 2008 – Race 1

ID: JCA22891

Hearing Type:
Old Hearing

Rules:
868.2

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge - Te Awamutu HRC - 28 August 2008

Race Date:
2008/08/28

Race Number:
Race 1

Decision:

Under Rule 868 (2) an Information was lodged by Stipendiary Steward Mr TW Taumanu against Mr RJ Brosnan the horseman of Baltic Warrior alleging that Mr Brosnan failed to take all reasonable and permissible measures to win or gain the best possible place in the race by failing to improve his horse until inside the last 250 metres of the race.

Mr Brosnan was present and did not admit the breach.

Rule 868(2) states “Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.”

Evidence was given by Mr JM Muirhead and he said that he observed the race from the Stipendiary Steward’s position on the roof of the main stand and he noted firstly that Baltic Warrior was the favourite for the race and noted its position having drawn one on the second line. He said that Mr Brosnan moved behind Belaires Dream but then ended up five deep on the running line. Mr Muirhead said that this was no fault of Mr Brosnan’s and the horses travelled like that until approximately halfway through the race.

Mr Muirhead then said that Eyes The Man driven by Mr T Macfarlane which was last on the outside took off and went round the field to sit parked with a round to go and Mr Muirhead was expecting Mr Brosnan to follow Mr Macfarlane particularly in view of the fact that Mr Brosnan was driving the favourite.

Mr Muirhead said that approximately 100 metres after that Mr Brosnan moved one out but stayed at the rear.

Mr Muirhead said that the pace in the race was moderate and that the overall time was 3.30.95 with the last mile in 2.05.7. Mr Muirhead also said that he expected Mr Brosnan to make a move at the 800 then the 700 and then the 600 mark but he didn’t do so and that when he moved on the home bend then it was too late. He stated that Mr Brosnan clicked his horse up and went through on the inside and ran on to run fifth.

Mr Muirhead said that he expected a horseman of Mr Brosnan’s experience to move earlier and certainly inside the last 800 metres.

The film was then shown and Mr Muirhead pointed out the position of Mr Brosnan’s horse throughout the race.

Mr Brosnan in his defence said that firstly he drew behind the two worst horses in the race and by implication this dictated his initial position in the field.

He said that when Eyes The Man moved his horse was still inside the sulky wheel of the horse on its outside.

He also pointed out that his horse was having its second start and he said that he couldn’t see any future in going around the field and having his horse stopping in the run home. He pointed out that Eyes The Man stopped to finish eighth.

Mr Brosnan also said that he was not aware that his horse was the favourite and it was a fact that the Indicator Board was not working for races 1 and 2.

Mr Brosnan queried the expression “Putting his horse in the race” and wondered for whose benefit that would be. He suggested that nobody would have benefited if he had have moved earlier because of the way that the race was run and the fact that it was only his horse’s second start.

He stated that inside the last 800 metres he did not move because the two drivers in the running line in front of him were watching each other to see who was going to move first and he said that in his view if he had have moved then they would have ended up pushing him four or five wide and on the home bend and at Cambridge this is not the place to be. He suggested that if he had have been out there then he may as well have headed back to the stables.

Mr Taumanu at that stage pointed out that all drivers have a responsibility to put their horses in the race and that the interests of the betting public must be maintained at all times.

Mr Taumanu then went on to state that drivers sometimes make assumptions that their horse can do no better and this cannot necessarily justify their conduct as far as their driving actions are concerned. This can lead to circumstances where a driver is seen to exercise bad judgment and falls within the ambit of the Rule.

Mr Taumanu stated that Mr Brosnan’s horse ran home strongly and he also asked Mr Brosnan if he had any problems with his horse as far as its racing manners were concerned. Mr Brosnan said that he did not have any problems.

Mr Taumanu again stated that Mr Brosnan was driving the favourite and he didn’t move to improve his horse until the last 250 metres.

DECISION

I then took the opportunity after the parties had left the room to view the films quite a number of times. I have the benefit of three different angles at Cambridge to view the races.

I did note that when Eyes The Man moved that the sulky wheels of Good Karma were outside the front legs of Mr Brosnan’s horse and therefore in order to follow Mr Macfarlane he would have had to pull back slightly and then go. In this regard the opportunity was lost because of the actions that would have been needed.

I also noted that down the back straight Mr Gillies driving You Can’t Be Serious and Mr Pyers driving Good Karma did appear to be watching each other and it did appear to me that if Mr Pyers had moved then Mr Gillies was going to move and would have forced Mr Pyers four wide which in turn would have forced Mr Brosnan five wide. Neither Mr Gillies nor Mr Pyers moved until very late in the race.

On the home turn I observed Mr Brosnan to chase his horse up using the reins. I note that he did not have a whip and this was confirmed to me by Mr Brosnan when he returned into the room. He therefore only had the reins to use to chase his horse up at the finish and he did this on several occasions in the home straight and his horse did run on quite well to finish fifth.

I advised Mr Brosnan and Mr Taumanu that this was not an easy decision to make and in fact was a very close decision but having taken all the evidence into account I did have some doubts as to whether the provisions of the Rule had been satisfied. I told Mr Brosnan that the drive did not look good and further to that I told him that Mr Taumanu was quite correct in that all horsemen are expected to put their horses into the race and that the interests of not only the betting public but also owners must be taken into account.

This charge has been properly brought by Mr Taumanu but having assessed all the evidence and on the basis that there were some doubts in my mind then the benefit of the doubt has to go to the horseman.

I accordingly dismiss the charge.

BJ Scott

Chairman

JCA Decision Fields (raw)

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hearingid: ee9ba3c9b93e9e72159cd807b24f8ac9

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 28/08/2008

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Cambridge - Te Awamutu HRC - 28 August 2008 - Race 1

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision: