Forbury Park TC 6 July 2018 – R 9 – Chair, Prof G Hall
ID: JCA12279
Meet Title:
Forbury Park TC - 6 July 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/07/06
Race Number:
R 9
Decision:
We thus find the charge of careless driving proved.
Penalty:
Mr Orange is fined the sum of $600.
Facts:
Mr Ydgren alleged that in race 9, the FIELD MARSHALL IS FOREAL MOBILE PACE, Mr Orange (OLDE OAK EMMA) shifted ground outwards forcing CHIEF KAPAI (Mr B Laughton) onto BEAUDIENE GAMBLER (Mr N Williamson) with CHIEF KAPAI breaking.
Submissions for Decision:
Mr McIntyre showed the relevant positions of the horses involved in the incident, ESSENCE OF EASTON, OLDE OAK EMMA, CHIEF KAPAI and BEAUDIENE GAMBLER, as the field approached the 400 metre mark. He stated ESSENCE OF EASTON was in the parked-out position and was under pressure and starting to give ground. CHIEF KAPAI, which had been trailing ESSENCE OF EASTON, had shifted to a three-wide position to improve and BEAUDIENE GAMBLER was four wide and improving. OLDE OAK EMMA was improving sharply through the field and about the 400 metres mark was two wide following Mr Dunn’s horse, ESSENCE OF EASTON. As the field passed the 400m mark Mr Orange shifted OLDE OAK EMMA outwards from behind Mr Dunn’s horse, placing pressure on CHIEF KAPAI and resultant pressure on BEAUDIENE GAMBLER wider out.
Mr Ydgren said while Mr Orange had a minimal advantage over CHIEF KAPAI on his outer, BEAUDIENE GAMBLER was forward of CHIEF KAPAI and was not in a position to be shifted wider. Mr Orange had placed pressure on CHIEF KAPAI. For a while the horses were wheel to wheel until Mr Laughton ran out of room. Mr Laughton had to take a hold and restrain his horse. As a result, CHIEF KAPAI’s front leg came into contact with BEAUDIENE GAMBLER’s sulky wheel, causing CHIEF KAPAI to break.
Mr Ydgren believed that the advantage Mr Williamson had over Mr Laughton when Mr Orange shifted outwards was at least a head and, when contact was made, Mr Williamson was ½ to ¾ of length ahead of Mr Laughton.
Mr Ydgren called Mr Laughton to give evidence. He stated he was three-wide and trying to make ground. He said Mr Orange shifted him outwards “a spot”, but at the same time he felt BEAUDIENE GAMBLER was lugging inwards prior to contact being made. It had become tight for room and he had restrained his horse before making contact with Mr Williamson’s cart. He said the outside horse was forward of him when contact was made.
When asked by Mr Ydgren whether at the time he received pressure from Mr Orange, did Mr Orange have a clear advantage, he replied he believed their wheels were side by side. When asked why he had not shifted outwards when he received pressure from Mr Orange, Mr Laughton replied there was no room because Mr Williamson was shifting downwards. He had received pressure from both horses at the same time. There had been no yelling. He stated he was behind Mr Williamson at the time Mr Orange shifted and was clearly behind Mr Williamson at the time of contact. He believed Mr Orange had gone from two to three wide and that he (Mr Laughton) was four wide at the point of contact.
When questioned by Mr Orange as to whether he had received pressure from Mr Williamson, he reiterated he had received pressure from both inside and outside. He believed Mr Williamson was trying to steer his horse outwards at the time of contact.
Mr Williamson stated he was racing wide on the last bend when trying to improve around CHIEF KAPAI. He said his horse was lugging in when contact was made with the inside horse. He was aware there was outwards pressure coming from his inside but was not sure how much room he had. He could not say how much his horse had shifted in but he believed he was five wide at the time of contact. He was not aware how much room Mr Laughton had but he was aware a horse was trying to come off Mr Laughton’s inside. He was working on BEAUDIENE GAMBLER to keep it wide and believed at the time CHIEF KAPAI was a tiring runner.
Mr Orange stated that all three horses OLDE OAK EMMA, CHIEF KAPAI and BEAUDIENE GAMBLER were level with each other when he starting to shift outwards slowly. He said it was not possible to push a horse out if the horse trying to push out is behind the other horse. He moved to a three-wide position, although he later stated he was perhaps only 2 ½ wide. Mr Williamson was five wide and Mr Laughton was in the middle. He strongly disputed the fact that BEAUDIENE GAMBLER was ahead of CHIEF KAPAI when he came out. He believed BEAUDIENE GAMBLER was on equal terms with CHIEF KAPAI.
Mr Orange said 30 metres after he shifted outwards Mr Williamson stated he was five wide at the point contact was made. In his opinion he was entitled to come out and the interference was due to Mr Williamson’s horse lugging inwards and placing pressure on Mr Laughton’s horse. If Mr Williamson was five wide and he was never more than three wide, it was Mr Williamson who had shifted down on the track and squeezed Mr Laughton for room.
Mr Orange said visibility on the night was not good and he had had difficulty seeing through his goggles. When Mr Ydgren said to Mr Orange that he should have exercised more care in these circumstances, Mr Orange replied he was cautious and his outwards movement was slow.
In summary, Mr Ydgren stated that Mr Orange was never in a position to shift outwards when he did because Mr Williamson was to the outside of Mr Laughton. By shifting outwards one cart width Mr Orange had placed pressure on CHIEF KAPAI forcing Mr Laughton to check his horse which in turn came into contact with Mr Williamson’s horse. Mr Orange thus was careless in this instance.
Mr Orange said he pushed out at a time he was entitled to do so, and after 30 metres they were three, four and five wide. He said it was Mr Williamson’s horse lugging in onto Mr Laughton’s horse which caused the incident. Mr Orange said he was never more than three wide and that the movement by Mr Williamson was outside his control. Mr Williamson had stated he was five wide at the time of contact.
Reasons for Decision:
Mr Orange has pushed out Mr Laughton at approximately the 400 metres mark. We are satisfied that the carts of Mr Orange and Mr Laughton were wheel to wheel at this time. We are not concerned at the speed of Mr Orange’s movement. But significantly, Mr Laughton had no way of absorbing the pressure from Mr Orange as Mr Williamson was racing to his outside and was ahead of Mr Laughton at this time. Mr Orange continued to come out and Mr Laughton ran out of room. He restrained his horse but came into contact with the inside wheel of Mr Williamson’s cart. We are aware that Mr Williamson believes he was five wide at the point of contact and he has said he was not in a position to see Mr Orange. It is our view that while Mr Williamson is five wide on the bend this is after the contact with CHIEF KAPAI and is a consequence of him steering his horse outwards on the track at that time. The contact with CHIEF KAPAI is just as that horse entered the bend.
We are satisfied that Mr Orange was never in a position to push out Mr Laughton in accordance with the Rules as Mr Williamson was ahead of Mr Laughton at the time Mr Orange shifted. We find that the interference to CHIEF KAPAI was a consequence of the pushing out of Mr Laughton.
Submissions for Penalty:
Mr Ydgren produced Mr Orange’s record, which he described as excellent. The respondent has had 1260 drives this season. He had a previous breach on 30 November 2017 and has had 900 drives since that time. Penalties reset after 200 drives. The starting point in the Penalty Guide is a fine of $500 or a 10 drive suspension. CHIEF KAPAI had its chance in the race extinguished by Mr Orange’s actions. Mr Ydgren therefore believed a suspension was appropriate and one of two days in this instance.
Mr Orange said CHIEF KAPAI was one paced and was not travelling well at the time. It had been under some pressure to get around Mr Dunn’s tiring horse. He believed the horse would not have run into a dividend bearing position. He submitted that a fine was appropriate in this instance.
Reasons for Penalty:
We view the breach as at least mid-range. We accept CHIEF KAPAI was not full of running at the time of the breach, but Mr Laughton believed that at the time of contact the horse was still competitive. We have considered whether the penalty should be one of a suspension or a fine. We have opted for a fine simply because of Mr Orange’s excellent record. Some recognition has to be given to this and we believe that a fine is the appropriate outcome in this case.
We take the $500 starting point and increase this by $200 to recognise the nature of the breach and in particular, the interference to CHIEF KAPAI that resulted in that horse breaking and galloping out of the race. We give a $100 reduction for Mr Orange’s record, which is indeed excellent when regard is had to the number of drives he has had this season.
JCA Decision Fields (raw)
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hearingid: 48ef6dd3382298277b09968eeec61106
informantnumber: A10236
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 10/07/2018
hearing_title: Forbury Park TC 6 July 2018 - R 9 - Chair, Prof G Hall
charge:
facts:
Mr Ydgren alleged that in race 9, the FIELD MARSHALL IS FOREAL MOBILE PACE, Mr Orange (OLDE OAK EMMA) shifted ground outwards forcing CHIEF KAPAI (Mr B Laughton) onto BEAUDIENE GAMBLER (Mr N Williamson) with CHIEF KAPAI breaking.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed the relevant positions of the horses involved in the incident, ESSENCE OF EASTON, OLDE OAK EMMA, CHIEF KAPAI and BEAUDIENE GAMBLER, as the field approached the 400 metre mark. He stated ESSENCE OF EASTON was in the parked-out position and was under pressure and starting to give ground. CHIEF KAPAI, which had been trailing ESSENCE OF EASTON, had shifted to a three-wide position to improve and BEAUDIENE GAMBLER was four wide and improving. OLDE OAK EMMA was improving sharply through the field and about the 400 metres mark was two wide following Mr Dunn’s horse, ESSENCE OF EASTON. As the field passed the 400m mark Mr Orange shifted OLDE OAK EMMA outwards from behind Mr Dunn’s horse, placing pressure on CHIEF KAPAI and resultant pressure on BEAUDIENE GAMBLER wider out.
Mr Ydgren said while Mr Orange had a minimal advantage over CHIEF KAPAI on his outer, BEAUDIENE GAMBLER was forward of CHIEF KAPAI and was not in a position to be shifted wider. Mr Orange had placed pressure on CHIEF KAPAI. For a while the horses were wheel to wheel until Mr Laughton ran out of room. Mr Laughton had to take a hold and restrain his horse. As a result, CHIEF KAPAI’s front leg came into contact with BEAUDIENE GAMBLER’s sulky wheel, causing CHIEF KAPAI to break.
Mr Ydgren believed that the advantage Mr Williamson had over Mr Laughton when Mr Orange shifted outwards was at least a head and, when contact was made, Mr Williamson was ½ to ¾ of length ahead of Mr Laughton.
Mr Ydgren called Mr Laughton to give evidence. He stated he was three-wide and trying to make ground. He said Mr Orange shifted him outwards “a spot”, but at the same time he felt BEAUDIENE GAMBLER was lugging inwards prior to contact being made. It had become tight for room and he had restrained his horse before making contact with Mr Williamson’s cart. He said the outside horse was forward of him when contact was made.
When asked by Mr Ydgren whether at the time he received pressure from Mr Orange, did Mr Orange have a clear advantage, he replied he believed their wheels were side by side. When asked why he had not shifted outwards when he received pressure from Mr Orange, Mr Laughton replied there was no room because Mr Williamson was shifting downwards. He had received pressure from both horses at the same time. There had been no yelling. He stated he was behind Mr Williamson at the time Mr Orange shifted and was clearly behind Mr Williamson at the time of contact. He believed Mr Orange had gone from two to three wide and that he (Mr Laughton) was four wide at the point of contact.
When questioned by Mr Orange as to whether he had received pressure from Mr Williamson, he reiterated he had received pressure from both inside and outside. He believed Mr Williamson was trying to steer his horse outwards at the time of contact.
Mr Williamson stated he was racing wide on the last bend when trying to improve around CHIEF KAPAI. He said his horse was lugging in when contact was made with the inside horse. He was aware there was outwards pressure coming from his inside but was not sure how much room he had. He could not say how much his horse had shifted in but he believed he was five wide at the time of contact. He was not aware how much room Mr Laughton had but he was aware a horse was trying to come off Mr Laughton’s inside. He was working on BEAUDIENE GAMBLER to keep it wide and believed at the time CHIEF KAPAI was a tiring runner.
Mr Orange stated that all three horses OLDE OAK EMMA, CHIEF KAPAI and BEAUDIENE GAMBLER were level with each other when he starting to shift outwards slowly. He said it was not possible to push a horse out if the horse trying to push out is behind the other horse. He moved to a three-wide position, although he later stated he was perhaps only 2 ½ wide. Mr Williamson was five wide and Mr Laughton was in the middle. He strongly disputed the fact that BEAUDIENE GAMBLER was ahead of CHIEF KAPAI when he came out. He believed BEAUDIENE GAMBLER was on equal terms with CHIEF KAPAI.
Mr Orange said 30 metres after he shifted outwards Mr Williamson stated he was five wide at the point contact was made. In his opinion he was entitled to come out and the interference was due to Mr Williamson’s horse lugging inwards and placing pressure on Mr Laughton’s horse. If Mr Williamson was five wide and he was never more than three wide, it was Mr Williamson who had shifted down on the track and squeezed Mr Laughton for room.
Mr Orange said visibility on the night was not good and he had had difficulty seeing through his goggles. When Mr Ydgren said to Mr Orange that he should have exercised more care in these circumstances, Mr Orange replied he was cautious and his outwards movement was slow.
In summary, Mr Ydgren stated that Mr Orange was never in a position to shift outwards when he did because Mr Williamson was to the outside of Mr Laughton. By shifting outwards one cart width Mr Orange had placed pressure on CHIEF KAPAI forcing Mr Laughton to check his horse which in turn came into contact with Mr Williamson’s horse. Mr Orange thus was careless in this instance.
Mr Orange said he pushed out at a time he was entitled to do so, and after 30 metres they were three, four and five wide. He said it was Mr Williamson’s horse lugging in onto Mr Laughton’s horse which caused the incident. Mr Orange said he was never more than three wide and that the movement by Mr Williamson was outside his control. Mr Williamson had stated he was five wide at the time of contact.
reasonsfordecision:
Mr Orange has pushed out Mr Laughton at approximately the 400 metres mark. We are satisfied that the carts of Mr Orange and Mr Laughton were wheel to wheel at this time. We are not concerned at the speed of Mr Orange’s movement. But significantly, Mr Laughton had no way of absorbing the pressure from Mr Orange as Mr Williamson was racing to his outside and was ahead of Mr Laughton at this time. Mr Orange continued to come out and Mr Laughton ran out of room. He restrained his horse but came into contact with the inside wheel of Mr Williamson’s cart. We are aware that Mr Williamson believes he was five wide at the point of contact and he has said he was not in a position to see Mr Orange. It is our view that while Mr Williamson is five wide on the bend this is after the contact with CHIEF KAPAI and is a consequence of him steering his horse outwards on the track at that time. The contact with CHIEF KAPAI is just as that horse entered the bend.
We are satisfied that Mr Orange was never in a position to push out Mr Laughton in accordance with the Rules as Mr Williamson was ahead of Mr Laughton at the time Mr Orange shifted. We find that the interference to CHIEF KAPAI was a consequence of the pushing out of Mr Laughton.
Decision:
We thus find the charge of careless driving proved.
sumissionsforpenalty:
Mr Ydgren produced Mr Orange’s record, which he described as excellent. The respondent has had 1260 drives this season. He had a previous breach on 30 November 2017 and has had 900 drives since that time. Penalties reset after 200 drives. The starting point in the Penalty Guide is a fine of $500 or a 10 drive suspension. CHIEF KAPAI had its chance in the race extinguished by Mr Orange’s actions. Mr Ydgren therefore believed a suspension was appropriate and one of two days in this instance.
Mr Orange said CHIEF KAPAI was one paced and was not travelling well at the time. It had been under some pressure to get around Mr Dunn’s tiring horse. He believed the horse would not have run into a dividend bearing position. He submitted that a fine was appropriate in this instance.
reasonsforpenalty:
We view the breach as at least mid-range. We accept CHIEF KAPAI was not full of running at the time of the breach, but Mr Laughton believed that at the time of contact the horse was still competitive. We have considered whether the penalty should be one of a suspension or a fine. We have opted for a fine simply because of Mr Orange’s excellent record. Some recognition has to be given to this and we believe that a fine is the appropriate outcome in this case.
We take the $500 starting point and increase this by $200 to recognise the nature of the breach and in particular, the interference to CHIEF KAPAI that resulted in that horse breaking and galloping out of the race. We give a $100 reduction for Mr Orange’s record, which is indeed excellent when regard is had to the number of drives he has had this season.
penalty:
Mr Orange is fined the sum of $600.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr B Orange - Open Horseman
Otherperson: Mr B Laughton - Junior Horseman, Mr N Williamson - Open Horseman, Mr McIntyre - General Manager Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: 2a7c33a78d61159359bb8c73457b15c0
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race_title: R 9
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meetdate: 06/07/2018
meet_title: Forbury Park TC - 6 July 2018
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meet_chair: GHall
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name: Forbury Park TC