Forbury Park TC 29 June 2017 – R 4 – Chair, Prof G Hall
ID: JCA16666
Meet Title:
Forbury Park TC - 29 June 2017
Meet Chair:
GHall
Race Date:
2017/06/29
Race Number:
R 4
Decision:
The breach of the careless driving rule is thus found to be proved.
Penalty:
Mr Anderson is fined the sum of $200.
Facts:
Mr McIntyre, General Manager of Stewards, alleged that Mr Anderson drove MACHJAGGER carelessly in race 4, the 4 WHEEL DRIVE PARTS 2003 LTD JUNIOR MOBILE PACE, when shifting ground inwards in the final straight over markers when his horse was in a break near the 300 metres.
Submissions for Decision:
Mr McIntyre demonstrated on the video that the respondent at the 450 metres was positioned behind GANGNAM STYLE and when ROCKNROLL MAGIC headed GANGNAM STYLE he was held up for a run. Mr McIntyre stated there was a lot going on at the time as out wider on the track horses had locked the wheels of their carts. He said there was no room to attempt a run to the inside of GANGNAM STYLE but the respondent had gone for the run nevertheless. He demonstrated on the video that the head of MACHJAGGER was directed inwards. He said because there was no room MACHJAGGER had gone over the markers and had gone into a break. The horse then galloped down the straight.
Mr McIntyre emphasised that he did not believe the action involving the horses to the respondent’s outside had had any impact on Mr Anderson’s actions. There was simply no room for him to improve at the time. He added Mr Anderson would have received a run had he been patient.
Mr Williamson spoke on Mr Anderson’s behalf. He emphasised all that was happening on the track to the respondent’s outside and said the movement in question was made to ensure the safety of horse and driver. He said that was the reason that the respondent took the gap to the inside of GANGNAM STYLE. He said Mr Anderson could not be aware that the outside movement would not affect him and he had chosen to move away from the incident. He agreed the gap was very marginal but pointed out that GANGNAM STYLE had straightened and run off the markers very slightly at the time the respondent moved in. He said once Mr Anderson had taken the gap he could not re-enter the track and that was why the horse had run over the markers and galloped.
Mr Anderson said he had ducked down to the inside because there was a lot of yelling and screaming going on and he believed it was a safety issue. He said he had limited experience and was doing what he thought was right. He said MACHJAGGER was wearing a galloping hood and when he took the small margin of a gap the horse had over-reacted, galloped, and continued to run over the markers. When questioned by the Committee as to why he had not eased MACHJAGGER, he said he could have but he might still have got caught up in the incident.
Mr McIntyre summed up by stating the Stewards’ view was that the outside horses had had no bearing on the respondent’s actions. Mr Anderson had had a very small gap presented to him. He had anticipated a run that did not eventuate.
Mr Williamson replied it was a safety issue and Mr Purdon driving ERROL FINN had moved inwards and was coming back towards Mr Anderson when the respondent had gone inside GANGNAM STYLE.
Reasons for Decision:
The video evidence is that the respondent has gone for a small gap that initially presented itself inside GANGNAM STYLE. Mr Williamson is correct when he says that horse does shift ever so slightly away from the markers when Mr Anderson goes for the run. It is clear “there was a lot happening in the race”. All parties agree on this fact. However, the Committee is not satisfied that the respondent’s actions were due to his fearing for his safety or that of the horse. The action on the track was clearly to his outside and appears to have had little bearing on his actions. At best, these circumstances may mitigate penalty. The alternative open to the respondent, was he so concerned as to safety, was simply to ease his horse. Rather, he chose to take a half gap that briefly presented itself and which was only going to see him precariously placed between GANGNAM STYLE and the marker pegs. This ultimately saw him gallop over these pegs and out of the race.
Submissions for Penalty:
Mr McIntyre produced the respondent’s record. This showed he had had 185 drives as a junior driver with one breach of the careless driving rule in March 2016.
Mr McIntyre submitted a fine of $300 was appropriate.
Mr Anderson reiterated his actions had been for safety reasons. He said he had used his driving skills and had kept safety in mind, as well as the welfare of the horse.
Reasons for Penalty:
The Committee has regard to the JCA Penalty Guide starting point of $500. This breach is low end, with the only horse affected being the respondent’s own horse. It is clear there was a lot happening in the race, and note is taken of the respondent’s statement that there was a lot of noise at the time he moved and he believed his actions were in his and the horse’s best interests.
When regard is had to these factors, the starting point is reduced to $300. The respondent has driven for some 15 months without a breach of this rule. This warrants a discount of $100.
JCA Decision Fields (raw)
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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: d1f75e6079c4b7332714553d68bb7d65
informantnumber: A9756
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 03/07/2017
hearing_title: Forbury Park TC 29 June 2017 - R 4 - Chair, Prof G Hall
charge:
facts:
Mr McIntyre, General Manager of Stewards, alleged that Mr Anderson drove MACHJAGGER carelessly in race 4, the 4 WHEEL DRIVE PARTS 2003 LTD JUNIOR MOBILE PACE, when shifting ground inwards in the final straight over markers when his horse was in a break near the 300 metres.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre demonstrated on the video that the respondent at the 450 metres was positioned behind GANGNAM STYLE and when ROCKNROLL MAGIC headed GANGNAM STYLE he was held up for a run. Mr McIntyre stated there was a lot going on at the time as out wider on the track horses had locked the wheels of their carts. He said there was no room to attempt a run to the inside of GANGNAM STYLE but the respondent had gone for the run nevertheless. He demonstrated on the video that the head of MACHJAGGER was directed inwards. He said because there was no room MACHJAGGER had gone over the markers and had gone into a break. The horse then galloped down the straight.
Mr McIntyre emphasised that he did not believe the action involving the horses to the respondent’s outside had had any impact on Mr Anderson’s actions. There was simply no room for him to improve at the time. He added Mr Anderson would have received a run had he been patient.
Mr Williamson spoke on Mr Anderson’s behalf. He emphasised all that was happening on the track to the respondent’s outside and said the movement in question was made to ensure the safety of horse and driver. He said that was the reason that the respondent took the gap to the inside of GANGNAM STYLE. He said Mr Anderson could not be aware that the outside movement would not affect him and he had chosen to move away from the incident. He agreed the gap was very marginal but pointed out that GANGNAM STYLE had straightened and run off the markers very slightly at the time the respondent moved in. He said once Mr Anderson had taken the gap he could not re-enter the track and that was why the horse had run over the markers and galloped.
Mr Anderson said he had ducked down to the inside because there was a lot of yelling and screaming going on and he believed it was a safety issue. He said he had limited experience and was doing what he thought was right. He said MACHJAGGER was wearing a galloping hood and when he took the small margin of a gap the horse had over-reacted, galloped, and continued to run over the markers. When questioned by the Committee as to why he had not eased MACHJAGGER, he said he could have but he might still have got caught up in the incident.
Mr McIntyre summed up by stating the Stewards’ view was that the outside horses had had no bearing on the respondent’s actions. Mr Anderson had had a very small gap presented to him. He had anticipated a run that did not eventuate.
Mr Williamson replied it was a safety issue and Mr Purdon driving ERROL FINN had moved inwards and was coming back towards Mr Anderson when the respondent had gone inside GANGNAM STYLE.
reasonsfordecision:
The video evidence is that the respondent has gone for a small gap that initially presented itself inside GANGNAM STYLE. Mr Williamson is correct when he says that horse does shift ever so slightly away from the markers when Mr Anderson goes for the run. It is clear “there was a lot happening in the race”. All parties agree on this fact. However, the Committee is not satisfied that the respondent’s actions were due to his fearing for his safety or that of the horse. The action on the track was clearly to his outside and appears to have had little bearing on his actions. At best, these circumstances may mitigate penalty. The alternative open to the respondent, was he so concerned as to safety, was simply to ease his horse. Rather, he chose to take a half gap that briefly presented itself and which was only going to see him precariously placed between GANGNAM STYLE and the marker pegs. This ultimately saw him gallop over these pegs and out of the race.
Decision:
The breach of the careless driving rule is thus found to be proved.
sumissionsforpenalty:
Mr McIntyre produced the respondent’s record. This showed he had had 185 drives as a junior driver with one breach of the careless driving rule in March 2016.
Mr McIntyre submitted a fine of $300 was appropriate.
Mr Anderson reiterated his actions had been for safety reasons. He said he had used his driving skills and had kept safety in mind, as well as the welfare of the horse.
reasonsforpenalty:
The Committee has regard to the JCA Penalty Guide starting point of $500. This breach is low end, with the only horse affected being the respondent’s own horse. It is clear there was a lot happening in the race, and note is taken of the respondent’s statement that there was a lot of noise at the time he moved and he believed his actions were in his and the horse’s best interests.
When regard is had to these factors, the starting point is reduced to $300. The respondent has driven for some 15 months without a breach of this rule. This warrants a discount of $100.
penalty:
Mr Anderson is fined the sum of $200.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N McIntyre - General Manager of Stewards
JockeysandTrainer: Mr M Anderson - Junior Horseman
Otherperson: Mr N Williamson - Open Horseman, assisting Mr Anderson
PersonPresent:
Respondent:
StipendSteward:
raceid: 4527e28fba09dfb1b137fdba5fd3ae58
race_expapproval:
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race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
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meetdate: 29/06/2017
meet_title: Forbury Park TC - 29 June 2017
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tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
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name: Forbury Park TC