Forbury Park TC – 26 June 2009 – Race 11
ID: JCA19709
Hearing Type (Code):
harness-racing
Meet Title:
Forbury Park TC - 26 June 2009
Race Date:
2009/06/26
Race Number:
Race 11
Decision:
Following the running of race 11 The Eureka Trust Mobile Pace an information was filed by Stipendiary Steward Mrs K R Williams against licensed junior horseman M P Kerr alleging under Rule 869 (3)(b) that Mr Kerr as driver of THISEAS in the race drove carelessly, with approximately 2,000 metres to run shifting inwards checking SPLASH OF CULLEN (D B Earnshaw).
--
Following the running of race 11 The Eureka Trust Mobile Pace an information was filed by Stipendiary Steward Mrs K R Williams against licensed junior horseman M P Kerr alleging under Rule 869 (3)(b) that Mr Kerr as driver of THISEAS in the race drove carelessly, with approximately 2,000 metres to run shifting inwards checking SPLASH OF CULLEN (D B Earnshaw).
--Mr Kerr did not admit the breach and as he was a junior horseman, and there were no senior horsemen available to support Mr Kerr at the hearing, the Committee elected to adjourn the hearing until the Forbury Park Trotting Club meeting on Friday 26 June 2009.
--Information 67837
Re-opened from 18th June – Forbury Park. Stipendiary Steward Mr P T Knowles showed head on and side on video clips of the alleged incident, and he highlighted the alleged inward movement of THISEAS driven by junior horseman M P Kerr checking SPLASH OF CULLEN (D B Earnshaw).
Stipendiary Steward Mr C Allison then questioned Mr D Earnshaw asking for his recollection of the incident.
--Mr Earnshaw stated, “I restrained my horse as THISEAS came alongside, THISEAS moved in and caused my horse to break” He then stated “his horse received a broken gaiting strap, and received quite a knock to his leg, he then packed a sad and stopped. As a result of the injury to his leg the horse was unable to race this evening”.
--Mr Earnshaw also stated that his horse did not contribute in any way to the incident.
--Mr M Kerr using the various video clips to illustrate his points said he was not clear of Mr Earnshaw’s horse at any stage and had no intention to cross, but my horse “veered in very quickly, and I couldn’t do anything about it”.
--Mr Kerr then said he had spoken to Robin Swain, who had previously driven THISEAS who said that he gets on a knee now and then and this happens occasionally.
--Mr Paul Kerr (assisting Mr M Kerr) then stated that at Forbury the first bend leaving the straight is notorious for hoses ducking in. Also, he continued saying that the video of the race showed a similar incident occurred later in the same race at the bend entering the home straight on the final occasion, and no charges were laid by the Stipendiary Stewards.
--Mr Allison had no comment to make on this incident, but the Committee did view it.
--It should also be noted clearly that the alleged incident occurred at a different bend on the course from the bend where the later incident occurred.
--In summary Mr Allison stated that THISEAS was wearing a Murphy blind for the first time, and even from his limited experience, Mr Kerr, should have known that a Murphy blind is a piece of equipment to reduce hanging, and that Mr Kerr should have been more pro-active in his action, believing he reacted “too little too late”.
--Decision
--The Committee was satisfied that Mr Kerr driving THISEAS has moved inwards when not sufficiently clear, causing SPLASH OF CULLEN (D Earnshaw) to break, and as a result the charge is upheld. The Committee believes Mr Kerr’s actions were “too little too late”, and on this occasion Mr Kerr has made a basic simple error of judgement.
--The Committee is aware that the Forbury Park track has several tight bends but we do not believe that this was the main contributing factor to the interference that occurred in this instance.
--Submissions on Penalty
--Stipendiary Steward Mr Allison stated he believed the incident was at the lower end of the scale. He also stated Mr Kerr is a junior horseman in his first season of driving, and has approximately 130 drives with no previous breaches of any rules.
--Mr Paul Kerr said he felt as this was a first offence and occurred in difficult circumstances, that an official warning would be an appropriate penalty.
--Mr Mitchell Kerr concurred with Mr Paul Kerr.
--Penalty
--Based on the submissions as outlined and taking into account a similar case at the Northern Southland meeting (4 April 2009 ) where a junior horseman with an excellent driving record was find the sum of $200.00. Mr Kerr was fined the sum of $200.00.
----
N D Skelt J Eagles
Chair Committee Member
67837
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: 5edb80770e5cd5d85bb19247e2ed44ed
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 26/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Forbury Park TC - 26 June 2009 - Race 11
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race 11 The Eureka Trust Mobile Pace an information was filed by Stipendiary Steward Mrs K R Williams against licensed junior horseman M P Kerr alleging under Rule 869 (3)(b) that Mr Kerr as driver of THISEAS in the race drove carelessly, with approximately 2,000 metres to run shifting inwards checking SPLASH OF CULLEN (D B Earnshaw).
--
Following the running of race 11 The Eureka Trust Mobile Pace an information was filed by Stipendiary Steward Mrs K R Williams against licensed junior horseman M P Kerr alleging under Rule 869 (3)(b) that Mr Kerr as driver of THISEAS in the race drove carelessly, with approximately 2,000 metres to run shifting inwards checking SPLASH OF CULLEN (D B Earnshaw).
--Mr Kerr did not admit the breach and as he was a junior horseman, and there were no senior horsemen available to support Mr Kerr at the hearing, the Committee elected to adjourn the hearing until the Forbury Park Trotting Club meeting on Friday 26 June 2009.
--Information 67837
Re-opened from 18th June – Forbury Park. Stipendiary Steward Mr P T Knowles showed head on and side on video clips of the alleged incident, and he highlighted the alleged inward movement of THISEAS driven by junior horseman M P Kerr checking SPLASH OF CULLEN (D B Earnshaw).
Stipendiary Steward Mr C Allison then questioned Mr D Earnshaw asking for his recollection of the incident.
--Mr Earnshaw stated, “I restrained my horse as THISEAS came alongside, THISEAS moved in and caused my horse to break” He then stated “his horse received a broken gaiting strap, and received quite a knock to his leg, he then packed a sad and stopped. As a result of the injury to his leg the horse was unable to race this evening”.
--Mr Earnshaw also stated that his horse did not contribute in any way to the incident.
--Mr M Kerr using the various video clips to illustrate his points said he was not clear of Mr Earnshaw’s horse at any stage and had no intention to cross, but my horse “veered in very quickly, and I couldn’t do anything about it”.
--Mr Kerr then said he had spoken to Robin Swain, who had previously driven THISEAS who said that he gets on a knee now and then and this happens occasionally.
--Mr Paul Kerr (assisting Mr M Kerr) then stated that at Forbury the first bend leaving the straight is notorious for hoses ducking in. Also, he continued saying that the video of the race showed a similar incident occurred later in the same race at the bend entering the home straight on the final occasion, and no charges were laid by the Stipendiary Stewards.
--Mr Allison had no comment to make on this incident, but the Committee did view it.
--It should also be noted clearly that the alleged incident occurred at a different bend on the course from the bend where the later incident occurred.
--In summary Mr Allison stated that THISEAS was wearing a Murphy blind for the first time, and even from his limited experience, Mr Kerr, should have known that a Murphy blind is a piece of equipment to reduce hanging, and that Mr Kerr should have been more pro-active in his action, believing he reacted “too little too late”.
--Decision
--The Committee was satisfied that Mr Kerr driving THISEAS has moved inwards when not sufficiently clear, causing SPLASH OF CULLEN (D Earnshaw) to break, and as a result the charge is upheld. The Committee believes Mr Kerr’s actions were “too little too late”, and on this occasion Mr Kerr has made a basic simple error of judgement.
--The Committee is aware that the Forbury Park track has several tight bends but we do not believe that this was the main contributing factor to the interference that occurred in this instance.
--Submissions on Penalty
--Stipendiary Steward Mr Allison stated he believed the incident was at the lower end of the scale. He also stated Mr Kerr is a junior horseman in his first season of driving, and has approximately 130 drives with no previous breaches of any rules.
--Mr Paul Kerr said he felt as this was a first offence and occurred in difficult circumstances, that an official warning would be an appropriate penalty.
--Mr Mitchell Kerr concurred with Mr Paul Kerr.
--Penalty
--Based on the submissions as outlined and taking into account a similar case at the Northern Southland meeting (4 April 2009 ) where a junior horseman with an excellent driving record was find the sum of $200.00. Mr Kerr was fined the sum of $200.00.
----
N D Skelt J Eagles
Chair Committee Member
67837
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: dbc1ed9bcd344cbad39070df1ad1eb90
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cfa805d27b489f9de33ccff4b41bae2b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/06/2009
meet_title: Forbury Park TC - 26 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Forbury Park TC