Forbury Park TC – 11 October 2007 – Race 8
ID: JCA18630
Hearing Type (Code):
harness-racing
Meet Title:
Forbury Park TC - 11 October 2007
Race Date:
2007/10/11
Race Number:
Race 8
Decision: --
This was an information laid by Mr Allison, stipendiary steward, alleging that Mr Davis, the driver of MAKE AN ADVANCE, had with approximately 1200 metres to run, moved inwards into the passing lane.
--
This was an information laid by Mr Allison, stipendiary steward, alleging that Mr Davis, the driver of MAKE AN ADVANCE, had with approximately 1200 metres to run, moved inwards into the passing lane.
----Mr Allison demonstrated on the video that Mr Davis, who finished 5th in the race, had moved into the passing lane with a lap to run. He continued in the passing lane until the end of the straight when he pushed back in, disrupting the field. The 2 horses which were most seriously affected, in that they were pushed wider on the track, both finished in front of Mr Davis. Mr Allison explained that had they not done so, he would have lodged a protest against Mr Davis. Mr Davis said there was no doubt he had gone into the passing lane. He said the going was worst a cart to 2 carts widths out at that point of the track, and he did so for safety reasons. He said he had no intention of gaining an advantage and his actions were taken due to exceptional circumstances.
----The video evidence demonstrates, as Mr Davis has acknowledged, that with some 1200 metres to race he moved in to the passing lane. Mr Davis held his position relative to, but well inside the rest of the field, until the end of the passing lane, at which time he forced his way into the field forcing horses racing 2 wide to race 3 wide.
----I accept Mr Davis did not attempt to improve his position, as he has stated, but he saw it as a safety factor and did so in an attempt to obtain the best going. Rule 869(4) refers to doing anything "likely to cause interference". I believe that Mr Davis’s driving in the circumstances as described, did amount to driving in a manner likely to cause interference. Indeed, it was fortunate that the field was not more severely disrupted at the end of the passing lane. The exceptional circumstances Mr Davis has mentioned, namely the particularly testing state of the track, are factors that will be considered in mitigation of penalty.
----Penalty
--I take into account the mitigating factors that have been identified in the decision finding the charge proved. Mr Allison has emphasised that this is very much at the lower end of driving in manner likely to cause interference. However, to use his words, "chaos could have resulted when Mr Davis pushed back in". Mr Davis’s record this and the previous season is very good. Having regard to the exceptional circumstances, Mr Davis is fined the sum of $150 and reminded of his obligations with respect to staying out of the passing lane.
------
G Hall
--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: 0c1c400505c6df86b5340e3098a6727d
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 11/10/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Forbury Park TC - 11 October 2007 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--This was an information laid by Mr Allison, stipendiary steward, alleging that Mr Davis, the driver of MAKE AN ADVANCE, had with approximately 1200 metres to run, moved inwards into the passing lane.
--
This was an information laid by Mr Allison, stipendiary steward, alleging that Mr Davis, the driver of MAKE AN ADVANCE, had with approximately 1200 metres to run, moved inwards into the passing lane.
----Mr Allison demonstrated on the video that Mr Davis, who finished 5th in the race, had moved into the passing lane with a lap to run. He continued in the passing lane until the end of the straight when he pushed back in, disrupting the field. The 2 horses which were most seriously affected, in that they were pushed wider on the track, both finished in front of Mr Davis. Mr Allison explained that had they not done so, he would have lodged a protest against Mr Davis. Mr Davis said there was no doubt he had gone into the passing lane. He said the going was worst a cart to 2 carts widths out at that point of the track, and he did so for safety reasons. He said he had no intention of gaining an advantage and his actions were taken due to exceptional circumstances.
----The video evidence demonstrates, as Mr Davis has acknowledged, that with some 1200 metres to race he moved in to the passing lane. Mr Davis held his position relative to, but well inside the rest of the field, until the end of the passing lane, at which time he forced his way into the field forcing horses racing 2 wide to race 3 wide.
----I accept Mr Davis did not attempt to improve his position, as he has stated, but he saw it as a safety factor and did so in an attempt to obtain the best going. Rule 869(4) refers to doing anything "likely to cause interference". I believe that Mr Davis’s driving in the circumstances as described, did amount to driving in a manner likely to cause interference. Indeed, it was fortunate that the field was not more severely disrupted at the end of the passing lane. The exceptional circumstances Mr Davis has mentioned, namely the particularly testing state of the track, are factors that will be considered in mitigation of penalty.
----Penalty
--I take into account the mitigating factors that have been identified in the decision finding the charge proved. Mr Allison has emphasised that this is very much at the lower end of driving in manner likely to cause interference. However, to use his words, "chaos could have resulted when Mr Davis pushed back in". Mr Davis’s record this and the previous season is very good. Having regard to the exceptional circumstances, Mr Davis is fined the sum of $150 and reminded of his obligations with respect to staying out of the passing lane.
------
G Hall
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1f2b0dc6d23a509a371448f6f875697c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6f63c10f980b4025f73aa19a5a48e3c7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/10/2007
meet_title: Forbury Park TC - 11 October 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Forbury Park TC