Forbury Park TC 21 May 2015 – R 6 (heard on 24 May 2015 at Winton)

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hearing_racingtype: harness-racing

startdate: 21/05/2015

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hearing_title: Forbury Park TC 21 May 2015 - R 6 (heard on 24 May 2015 at Winton)

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Decision:

Adjourned Hearing from Forbury Park TC 21 May 2015 - heard 24 May 2015 at Winton

Informant: Mr S. Wallis - Stipendiary Steward

Respondent: Mr J.W. Cox

Information: A 3608

Meeting: Forbury Park TC

Date: 21 May 2015

Venue: Forbury Park

Rule: 869 (3) (b)

Race: 6

Judicial Committee: Mr N. Skelt - Chairman

Plea: Admitted

Evidence:

An adjourned hearing from the Forbury Park meeting on the 21 May 2015, now held at the Winton Harness meeting on Sunday 24 May 2015.

An information A 3608 was laid by stipendiary steward Mr S. Wallis under rule 869 (3) (B) alleging that horseman J.W. Cox drove carelessly by allowing his horse YGRITTE to strike the sulky of OCTOBER RAIN (G. Smith) which in turn caused YGRITTE to break stride.

Mr Cox was present at the hearing and confirmed he admitted the breach.

The rule reads 869 (3) (b) provides as follows:

- (3) No horseman shall in any race drive

- (b) Carelessly

Stipendiary steward Mr Wallis showed video replays of the incident from several angles with approximately 400 metres to run.

He pointed out Mr Cox moving outwards and in doing so just clipping the mudguard of OCTOBER RAIN (G. Smith) causing his own horse YGRITTE to break.

Mr Cox said that he had simply made an error of judgment. His horse was racing keenly and saw the gap and moved into it which he had not intended to do.

Decision:

Mr Cox having admitted the breach the charge was found proved.

Submission For Penalty:

Wallis informed the chairman that Mr Cox had one previous breach of this rule at the Invercargill Harness meeting on the 16 May 2015 where he received a fine of $350.00.

Mr Cox had 456 drives last season and has had 455 drives to date this season.

Mr Wallis referred to the starting point in the penalty guide, as for a second breach within 4 months an appropriate penalty is a 3 day suspension.

Mr Cox submitted that he had driving commitments at the Ashburton Harness meeting on Saturday 30 May (Jewels Day) and requested a deferment of a suspension until the conclusion of racing on Saturday 30 May 2015.

Reasons for Penalty:

In determining penalty the chairman had regard to the starting point of a 3 day suspension for a second breach of the rule within 4 months.

Mr Cox’s admission of the breach and the fact that he was a very busy driver was not sufficient in this instance to warrant a discount in penalty.

The chairman assessed the degree of carelessness as being at the lower end however, in this instance this did not warrant a discount in penalty either.

Penalty:

Mr Cox was granted a deferment of penalty until the conclusion of racing on Saturday 30 May 2015.

Mr Cox was suspended from the conclusion of racing on Saturday 30 May 2015 until the conclusion of racing on Thursday 11 June 2015 (3 days).

These 3 days include the following meetings:

- 31 May Ashburton Harness

- 1 June Invercargill Harness

- 4 June Forbury Trotting Club

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hearing_type: Old Hearing

Rules: 869(3)(b)

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