Forbury Park TC 31 January 2013 – R 5
ID: JCA12729
Meet Title:
Forbury Park TC - 31 January 2013
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2013/01/31
Race Number:
R 5
Decision:
We find the breach proved.
Penalty:
We impose a fine of $200 and remind Mr Golding of his obligations to his fellow drivers.
Charge:
Careless driving.
Facts:
Mr Allison alleged that Mr Golding (HOT TODDY) shifted ground outwards when not in a position to do so causing tightening to LAST ONE VC (Mr Stewart).
Rule 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Submissions for Decision:
Mr Ydgren, stipendiary steward, demonstrated on the videos that the respondent endeavoured to move from racing on the pylons to one off when Mr Ferguson shifted out from the one one position. Mr Stewart, who was following Mr Ferguson, was placed in a difficult position and was squeezed for room because of pressure from the respondent’s horse. The consequence was that Mr Stewart’s horse ended up galloping. Mr Ydgren stated that Mr Golding had never established himself in a 2 out position, as when he moved Mr McIlwrick, who was racing 3 wide outside Mr Stewart, had always had an advantage over Mr Stewart so Mr Stewart could not move out to follow Mr Ferguson. As a consequence, Mr Stewart had never moved to a 3 wide position. Because Mr McIlwrick always had an advantage over Mr Stewart, Mr Golding could never complete his outwards move with safety as there was simply nowhere for Mr Stewart to go.
Mr Dunn emphasised that in his view there was a gap into which Mr Golding could move and therefore it did not matter that Mr Stewart did not have an advantage over McIlwrick when the respondent moved wider on the track. He demonstrated this by slowing and freezing the videos at the relevant point in the race. He stated that in his view at one point Mr McIlwrick was 4 wide, with Mr Stewart 3 wide, and therefore there was a gap for Mr Stewart to take. He emphasised the respondent was not pushing anyone out as there was a gap. He said the tightening to Mr Stewart was caused by inwards movement from Mr McIlwrick, as the respondent had established himself in a 2 wide position.
Mr Stewart gave evidence that he was following DEVILS ADVOCATE (Mr Ferguson) and it was his intention to continue to do so after Mr Ferguson moved. He said he thought he was even with Mr McIlwrick when that driver pushed him straight back down. When questioned by Mr Allison as to whether he was ever 3 wide, he agreed he was not fully out 3 wide, although he thought he was “more 3 wide than 2 wide”. He said he eventually ran out of room. He agreed with Mr Allison that the respondent had shifted ground outwards immediately prior to his running out of room.
In reply Mr Allison said Mr Stewart was never racing 3 wide. At best he was 2 1/2 cart widths out. He said the respondent had thought there was a gap for him to move into when Mr Ferguson moved, but a full gap was never there. The major cause of the tightening to Mr Stewart was Mr Golding shifting ground not Mr McIlwrick.
Mr Dunn responded that the respondent was the victim of circumstances. In his belief Mr Golding was in a gap that was rightfully his. Mr McIlwrick had gone 4 wide and Mr Stewart to 3 wide.
Reasons for Decision:
We are not satisfied that a gap had presented itself for Mr Golding to move into despite Mr Ferguson moving 2 to 3 wide immediately prior to the incident. We accept that the respondent anticipated that Mr Stewart would move up to take the position formerly occupied by Mr Ferguson and that he in turn would take Mr Stewart’s position in the field. However, Mr Stewart did not move, as could not do so because he never had an advantage over Mr McIlwrick. Mr Stewart had nowhere to go because Mr Golding attempted to come into a position that he was unable to fully establish himself in with safety. In simple terms, Mr Golding had never fully established himself in a 2 wide position. Mr Stewart never had an advantage over Mr McIlwrick and when pressure came on him from the outside from Mr McIlwrick he was always going to be in trouble as Mr Golding was on his inside in a position to which he was not entitled.
Submissions for Penalty:
Mr Allison stated that the breach had not been aggravated by there being a relegation or protest but he emphasised the stewards had thought long and hard about protesting but had eventually decided against it.
He produced the respondent’s record, which showed a careless driving charge on 15 November last when the penalty was $250. A relegation had resulted on that occasion. Mr Golding has had 156 drives, with some 22 this season. He has driven 10 winners. He submitted a fine of $200 to 250 was appropriate.
Mr Dunn said the breach was at the lower end and reiterated he believed Mr Golding was the victim of circumstances. He emphasised the respondent’s limited financial circumstances.
Reasons for Penalty:
We accept the breach is towards the lower end of the scale. A gap had momentarily appeared to present itself to the respondent when Mr Ferguson moved wider on the track. Unfortunately for the respondent Mr Stewart, who had been following Mr Ferguson, was unable to move up and take that position. Mr Golding was thus trying to move into a gap that had not materialised. There was no protest. We cannot give credit for an admission of the breach but we accept the respondent’s defence was not devoid of merit. This is not an aggravating factor, rather the absence of a mitigating one. We also take into account that the respondent is a junior driver with a reasonable record.
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: 507ded64488b0e3363c2f1ad83217dc9
informantnumber: 1349
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/01/2013
hearing_title: Forbury Park TC 31 January 2013 - R 5
charge:
Careless driving.
facts:
Mr Allison alleged that Mr Golding (HOT TODDY) shifted ground outwards when not in a position to do so causing tightening to LAST ONE VC (Mr Stewart).
Rule 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren, stipendiary steward, demonstrated on the videos that the respondent endeavoured to move from racing on the pylons to one off when Mr Ferguson shifted out from the one one position. Mr Stewart, who was following Mr Ferguson, was placed in a difficult position and was squeezed for room because of pressure from the respondent’s horse. The consequence was that Mr Stewart’s horse ended up galloping. Mr Ydgren stated that Mr Golding had never established himself in a 2 out position, as when he moved Mr McIlwrick, who was racing 3 wide outside Mr Stewart, had always had an advantage over Mr Stewart so Mr Stewart could not move out to follow Mr Ferguson. As a consequence, Mr Stewart had never moved to a 3 wide position. Because Mr McIlwrick always had an advantage over Mr Stewart, Mr Golding could never complete his outwards move with safety as there was simply nowhere for Mr Stewart to go.
Mr Dunn emphasised that in his view there was a gap into which Mr Golding could move and therefore it did not matter that Mr Stewart did not have an advantage over McIlwrick when the respondent moved wider on the track. He demonstrated this by slowing and freezing the videos at the relevant point in the race. He stated that in his view at one point Mr McIlwrick was 4 wide, with Mr Stewart 3 wide, and therefore there was a gap for Mr Stewart to take. He emphasised the respondent was not pushing anyone out as there was a gap. He said the tightening to Mr Stewart was caused by inwards movement from Mr McIlwrick, as the respondent had established himself in a 2 wide position.
Mr Stewart gave evidence that he was following DEVILS ADVOCATE (Mr Ferguson) and it was his intention to continue to do so after Mr Ferguson moved. He said he thought he was even with Mr McIlwrick when that driver pushed him straight back down. When questioned by Mr Allison as to whether he was ever 3 wide, he agreed he was not fully out 3 wide, although he thought he was “more 3 wide than 2 wide”. He said he eventually ran out of room. He agreed with Mr Allison that the respondent had shifted ground outwards immediately prior to his running out of room.
In reply Mr Allison said Mr Stewart was never racing 3 wide. At best he was 2 1/2 cart widths out. He said the respondent had thought there was a gap for him to move into when Mr Ferguson moved, but a full gap was never there. The major cause of the tightening to Mr Stewart was Mr Golding shifting ground not Mr McIlwrick.
Mr Dunn responded that the respondent was the victim of circumstances. In his belief Mr Golding was in a gap that was rightfully his. Mr McIlwrick had gone 4 wide and Mr Stewart to 3 wide.
reasonsfordecision:
We are not satisfied that a gap had presented itself for Mr Golding to move into despite Mr Ferguson moving 2 to 3 wide immediately prior to the incident. We accept that the respondent anticipated that Mr Stewart would move up to take the position formerly occupied by Mr Ferguson and that he in turn would take Mr Stewart’s position in the field. However, Mr Stewart did not move, as could not do so because he never had an advantage over Mr McIlwrick. Mr Stewart had nowhere to go because Mr Golding attempted to come into a position that he was unable to fully establish himself in with safety. In simple terms, Mr Golding had never fully established himself in a 2 wide position. Mr Stewart never had an advantage over Mr McIlwrick and when pressure came on him from the outside from Mr McIlwrick he was always going to be in trouble as Mr Golding was on his inside in a position to which he was not entitled.
Decision:
We find the breach proved.
sumissionsforpenalty:
Mr Allison stated that the breach had not been aggravated by there being a relegation or protest but he emphasised the stewards had thought long and hard about protesting but had eventually decided against it.
He produced the respondent’s record, which showed a careless driving charge on 15 November last when the penalty was $250. A relegation had resulted on that occasion. Mr Golding has had 156 drives, with some 22 this season. He has driven 10 winners. He submitted a fine of $200 to 250 was appropriate.
Mr Dunn said the breach was at the lower end and reiterated he believed Mr Golding was the victim of circumstances. He emphasised the respondent’s limited financial circumstances.
reasonsforpenalty:
We accept the breach is towards the lower end of the scale. A gap had momentarily appeared to present itself to the respondent when Mr Ferguson moved wider on the track. Unfortunately for the respondent Mr Stewart, who had been following Mr Ferguson, was unable to move up and take that position. Mr Golding was thus trying to move into a gap that had not materialised. There was no protest. We cannot give credit for an admission of the breach but we accept the respondent’s defence was not devoid of merit. This is not an aggravating factor, rather the absence of a mitigating one. We also take into account that the respondent is a junior driver with a reasonable record.
penalty:
We impose a fine of $200 and remind Mr Golding of his obligations to his fellow drivers.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer: Mr S Golding - Junior Horseman
Otherperson: Mr D Dunn - Open Horseman assisting Mr Golding
PersonPresent:
Respondent:
StipendSteward:
raceid: 3baf96e9e8dcb6fdc8e3610cfb08a0d4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
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meetid: 1c82b04619d371fd37ddd1079a1094fb
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meetdate: 31/01/2013
meet_title: Forbury Park TC - 31 January 2013
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tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
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name: Forbury Park TC