Forbury Park TC 24 November 2011 – R 6
ID: JCA18139
Meet Title:
Forbury Park TC - 24 November 2011
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2011/11/24
Race Number:
R 6
Decision:
We thus find the charge proved.
Penalty:
We believe the matter can be dealt with by way of a fine of $200.
Charge:
Mr Allison alleged that racing into the first bend Mr J Trainor (MOSSDALE ALLAN) shifted inwards onto BARBERINO (B Williamson) with a resulting check to OSCAR ROYCE (S Golding) which broke causing further checks to FRANCO TALON, DELMA’S MCARDLE, PHANTOM GRIN, JASPER’S BLUE JEAN and WHITE SOCKS.
Facts:
Mr Allison had Mr Renault, stipendiary steward, demonstrate on a number of video angles that the defendant had shifted in immediately prior to the first bend, which he said had caused tightening to those horses racing on the defendant’s inner. The consequence was that there was contact between Mr Williamson’s cart and the off-side fore leg of OSCAR ROYCE, which broke, severely disrupting the field.
Submissions for Decision:
Mr Allison accepted that MOSSDALE ALLAN had been hanging prior to this but the horse had straightened and had then been allowed to drift down on the track by the defendant. He said that although the defendant had eventually taken corrective action, it was too little, too late.
Mr Williamson gave evidence that as they came into the first bend there was tightening from his outside and that he had called out to the defendant to give him room. He said although the pressure was relieved by Mr Trainor it was too late as he had come into contact with OSCAR ROYCE. He said there was no pressure from his inside.
The driver of OSCAR ROYCE, Mr Golding, said he was squeezed, there was contact and his horse broke. He also confirmed there was no pressure from his inside.
Mr Dunn represented the defendant and stated that the horse itself was to blame, as was this particular bend at Forbury Park, which was notoriously difficult to negotiate when making a forward move wide on the track. He said MOSSDALE ALLAN had been hanging immediately prior to the incident and that the defendant had done a good job to straighten the horse. He emphasised that the defendant was an inexperienced driver and that MOSSDALE ALLAN was a difficult horse to drive. He said the incident was caused by MOSSDALE ALLAN’s ducking in. When asked to demonstrate this on the video, he stated the picture was obscured at the crucial time (by the mobile pulling off the track) but then amended his submission to state that MOSSDALE ALLAN had moved in when under pressure. He pointed out the horse had a pole on the near side and a rein pricker. This was to help it run out on the bends.
Mr Trainor acknowledged he was aware of the gear that was on the horse and that its trainer had told him it “could go rough” from time to time. He agreed he was hunting the horse out for the lead 4 wide when going into the first bend.
Mr Allison summed up by stating everyone accepted interference had occurred, the question was had the defendant taken satisfactory steps to avoid the incident. In particular, he questioned whether a prudent driver, knowing of the proclivities of the horse, would have driven MOSSDALE ALLAN into the first bend in the manner that the defendant had. Mr Dunn replied by emphasising the bad manners of the horse and that the defendant was not attempting to come across at the time of the incident.
Reasons for Decision:
MOSSDALE ALLAN was hunted out 4 wide into the first bend. The horse had drifted out prior to the bend and had then straightened and the gap between the defendant and Mr Williamson’s horse to his inside has then closed. MOSSDALE ALLAN on entering the bend was unbalanced and, at the speed the horse was travelling, it continued to come across and eventually took the line of BARBERINO, the cart of which came into contact with the off-side fore leg of OSCAR ROYCE, which received a severe check. The defendant was aware that MOSSDALE ALLAN had a rein pricker and a near-side pole, and that the horse had a tendency to go a bit rough.
The issue is whether the defendant’s actions immediate prior to the first bend were those of a competent and prudent driver. We do not believe they were. The defendant has allowed MOSSDALE ALLAN to shift in when not clear of BARBERINO. There is no evidence on any of the video angles to demonstrate that the defendant has taken any corrective action to prevent his horse shifting further down on the track immediately prior to the bend. Mr Williamson was yelling but the corrective action that the defendant eventually took was unfortunately simply too late.
We accept Mr Dunn’s evidence that he has driven the horse and that it is not an easy horse to drive. In addition, the parties are agreed that the bend at the end of the home straight is difficult to negotiate by a horse racing wide on the track and being hunted into it. Nonetheless, this was what the defendant did with MOSSDALE ALLAN, and this too, despite the fact that it had drifted out prior to the bend before straightening. The horse was then allowed to shift down on the track. We accept this was only for a few strides, but again we emphasise there is no evidence of the defendant relieving the pressure on the horses to his inner until it is too late. The result was interference to a number of horses.
Submissions for Penalty:
Mr Allison placed the defendant’s record before us. He said Mr Trainor was an inexperienced junior driver with no previous breach of this rule. He described the breach as at the lower end of the spectrum and he accepted that MOSSDALE ALLAN was a difficult horse to drive. He said it was a breach at the lower end of culpability but at the higher end when regard was had to its consequences, as a number of horses had had their chances extinguished. He asked for a fine of $250 to $300.
Mr Dunn agreed with all that Mr Allison had said other than the submission as to the level of the fine. He believed a fine of $200 was “the absolute maximum” that should be imposed, especially having regard to the fact that the defendant was a junior driver, living away from home, with a limited income. He emphasised the defendant would learn from this experience.
Reasons for Penalty:
We agree the defendant’s culpability is at the lower end but the consequences of his breach are that a number of horses have had their chances in the race extinguished.
This was Mr Trainor’s 39th drive. He is thus an experienced junior driver. We believe that he will learn from this experience and he has assured us that this will be the case. His record, limited as it is, is to his credit.
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: f213bf192fa68052dbb1245326a2239d
informantnumber: 5956
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 23/11/2011
hearing_title: Forbury Park TC 24 November 2011 - R 6
charge:
Mr Allison alleged that racing into the first bend Mr J Trainor (MOSSDALE ALLAN) shifted inwards onto BARBERINO (B Williamson) with a resulting check to OSCAR ROYCE (S Golding) which broke causing further checks to FRANCO TALON, DELMA’S MCARDLE, PHANTOM GRIN, JASPER’S BLUE JEAN and WHITE SOCKS.
facts:
Mr Allison had Mr Renault, stipendiary steward, demonstrate on a number of video angles that the defendant had shifted in immediately prior to the first bend, which he said had caused tightening to those horses racing on the defendant’s inner. The consequence was that there was contact between Mr Williamson’s cart and the off-side fore leg of OSCAR ROYCE, which broke, severely disrupting the field.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison accepted that MOSSDALE ALLAN had been hanging prior to this but the horse had straightened and had then been allowed to drift down on the track by the defendant. He said that although the defendant had eventually taken corrective action, it was too little, too late.
Mr Williamson gave evidence that as they came into the first bend there was tightening from his outside and that he had called out to the defendant to give him room. He said although the pressure was relieved by Mr Trainor it was too late as he had come into contact with OSCAR ROYCE. He said there was no pressure from his inside.
The driver of OSCAR ROYCE, Mr Golding, said he was squeezed, there was contact and his horse broke. He also confirmed there was no pressure from his inside.
Mr Dunn represented the defendant and stated that the horse itself was to blame, as was this particular bend at Forbury Park, which was notoriously difficult to negotiate when making a forward move wide on the track. He said MOSSDALE ALLAN had been hanging immediately prior to the incident and that the defendant had done a good job to straighten the horse. He emphasised that the defendant was an inexperienced driver and that MOSSDALE ALLAN was a difficult horse to drive. He said the incident was caused by MOSSDALE ALLAN’s ducking in. When asked to demonstrate this on the video, he stated the picture was obscured at the crucial time (by the mobile pulling off the track) but then amended his submission to state that MOSSDALE ALLAN had moved in when under pressure. He pointed out the horse had a pole on the near side and a rein pricker. This was to help it run out on the bends.
Mr Trainor acknowledged he was aware of the gear that was on the horse and that its trainer had told him it “could go rough” from time to time. He agreed he was hunting the horse out for the lead 4 wide when going into the first bend.
Mr Allison summed up by stating everyone accepted interference had occurred, the question was had the defendant taken satisfactory steps to avoid the incident. In particular, he questioned whether a prudent driver, knowing of the proclivities of the horse, would have driven MOSSDALE ALLAN into the first bend in the manner that the defendant had. Mr Dunn replied by emphasising the bad manners of the horse and that the defendant was not attempting to come across at the time of the incident.
reasonsfordecision:
MOSSDALE ALLAN was hunted out 4 wide into the first bend. The horse had drifted out prior to the bend and had then straightened and the gap between the defendant and Mr Williamson’s horse to his inside has then closed. MOSSDALE ALLAN on entering the bend was unbalanced and, at the speed the horse was travelling, it continued to come across and eventually took the line of BARBERINO, the cart of which came into contact with the off-side fore leg of OSCAR ROYCE, which received a severe check. The defendant was aware that MOSSDALE ALLAN had a rein pricker and a near-side pole, and that the horse had a tendency to go a bit rough.
The issue is whether the defendant’s actions immediate prior to the first bend were those of a competent and prudent driver. We do not believe they were. The defendant has allowed MOSSDALE ALLAN to shift in when not clear of BARBERINO. There is no evidence on any of the video angles to demonstrate that the defendant has taken any corrective action to prevent his horse shifting further down on the track immediately prior to the bend. Mr Williamson was yelling but the corrective action that the defendant eventually took was unfortunately simply too late.
We accept Mr Dunn’s evidence that he has driven the horse and that it is not an easy horse to drive. In addition, the parties are agreed that the bend at the end of the home straight is difficult to negotiate by a horse racing wide on the track and being hunted into it. Nonetheless, this was what the defendant did with MOSSDALE ALLAN, and this too, despite the fact that it had drifted out prior to the bend before straightening. The horse was then allowed to shift down on the track. We accept this was only for a few strides, but again we emphasise there is no evidence of the defendant relieving the pressure on the horses to his inner until it is too late. The result was interference to a number of horses.
Decision:
We thus find the charge proved.
sumissionsforpenalty:
Mr Allison placed the defendant’s record before us. He said Mr Trainor was an inexperienced junior driver with no previous breach of this rule. He described the breach as at the lower end of the spectrum and he accepted that MOSSDALE ALLAN was a difficult horse to drive. He said it was a breach at the lower end of culpability but at the higher end when regard was had to its consequences, as a number of horses had had their chances extinguished. He asked for a fine of $250 to $300.
Mr Dunn agreed with all that Mr Allison had said other than the submission as to the level of the fine. He believed a fine of $200 was “the absolute maximum” that should be imposed, especially having regard to the fact that the defendant was a junior driver, living away from home, with a limited income. He emphasised the defendant would learn from this experience.
reasonsforpenalty:
We agree the defendant’s culpability is at the lower end but the consequences of his breach are that a number of horses have had their chances in the race extinguished.
This was Mr Trainor’s 39th drive. He is thus an experienced junior driver. We believe that he will learn from this experience and he has assured us that this will be the case. His record, limited as it is, is to his credit.
penalty:
We believe the matter can be dealt with by way of a fine of $200.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer: Mr J Trainor - Junior Driver
Otherperson: Mr Dunn - representing Mr J Trainor
PersonPresent:
Respondent:
StipendSteward:
raceid: c09542deabf33eda0bbcba79f657815f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 402720cd8f228b1b1632361b84f78065
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/11/2011
meet_title: Forbury Park TC - 24 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Forbury Park TC