Forbury TC 20 October 2016 – R 8 – Chair, Prof G Hall
ID: JCA11656
Meet Title:
Forbury Park TC - 20 October 2016
Meet Chair:
GHall
Race Date:
2016/10/20
Race Number:
R 8
Decision:
As Mr Lowe admitted the breach, it was found to be proved.
Penalty:
After $100 discount for each of the two mitigating factors, the penalty is a fine of $300. Mr Lowe is reminded of his obligations under the Rules of Harness Racing.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Lowe, (SANDRA KEITH) shifted outwards on the final bend in race 8, the HYDROFLOW DISTRIBUTORS MOBILE PACE and made contact with the galloping FABRI BROMAC.
Mr Tidmarsh demonstrated on the videos that as the horses rounded the final bend Mr Lowe, who was three back on the pylons towards the rear of the field, angled out and slapped up his horse, SANDRA KEITH. The respondent endeavoured to progress around the outside of the galloping FABRI BROMAC and, in so doing, came into contact with the sulky wheel of that horse. SANDRA KEITH then galloped and lost her chance in the race.
When questioned by the Committee as to how far behind FABRI BROMAC Mr Lowe was when that horse started to gallop, Mr Tidmarsh estimated it was some 30 to 40 metres. The videos supported this conclusion. He stated the respondent could have either restrained his horse or moved to the inside of FABRI BROMAC, but instead Mr Lowe decided to improve to the outside of FABRI BROMAC and came into contact with the cart of that horse. In so doing, he alleged Mr Lowe was guilty of careless driving. In the respondent’s favour, however, as he acknowledged, was the fact that FABRI BROMAC had shifted out slightly as Mr Lowe came around that horse.
Mr Lowe stated that when he decided to go around FABRI BROMAC it was still pacing. He believed there was “clear air” out there and then were no gaps to his inside when he made that decision. He said he had just “pinged” the outside wheel of FABRI BROMAC and had that horse not run out, the incident would not have happened. He said he did not have time to change his decision to go to the outside of FABRI BROMAC, as SANDRA KEITH was a very headstrong mare. He added he believed the obligation of a driver of a galloping horse in the situation FABRI BROMAC was in, was to keep a straight line and avoid other horses.
Submissions for Penalty:
Mr Tidmarsh produced the respondent’s record, which was clear under this rule. Mr Lowe is not a very active driver. He had 8 drives last season and has had 6 this. Mr Tidmarsh stated the JCA Penalty Guide indicated a starting point of $500 or 10 drives. He believed a lesser fine was appropriate on this occasion.
Mr Lowe stated he did not believe he had ever been charged with hitting a wheel before. He said he would prefer a fine to a suspension. When questioned, he said he drove mainly his own horses, and had three currently in racing trim.
Reasons for Penalty:
Mr Lowe has decided to progress to the outside of FABRI BROMAC. The videos evidence the fact that he had time to assess the fact that FABRI BROMAC had gone into a gallop. He determined to continue to come to the outside of that horse even though the obligation of the driver of FABRI BROMAC under the Rules was to take that horse wider on the track so that it did not disrupt the field. Mr Lowe appears to have not factored this into his decision-making. It is evident from the videos he was over two horse lengths behind the galloping FABRI BROMAC when he continued to move wider on the track and attempted to progress around the outside of that horse. He came into contact with the outside wheel of FABRI BROMAC, as that horse shifted out slightly, as he came around. There was clearly room for the respondent to move to the inside of FABRI BROMAC and to make up ground.
Mr Lowe’s carelessness is thus assessed as being mid-range. No movement of the starting point is necessary for the gravity of the breach, although the chances of his own horse, SANDRA KEITH, which was racing towards the rear of the field, were affected.
The two mitigating factors are the good record of the respondent, although this has to be viewed in the light of the fact he has had few drives these past two seasons, and his admission of the breach.
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: 22dac0c15d5360021a3d743c0d972260
informantnumber: A7649
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 21/10/2016
hearing_title: Forbury TC 20 October 2016 - R 8 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Lowe, (SANDRA KEITH) shifted outwards on the final bend in race 8, the HYDROFLOW DISTRIBUTORS MOBILE PACE and made contact with the galloping FABRI BROMAC.
Mr Tidmarsh demonstrated on the videos that as the horses rounded the final bend Mr Lowe, who was three back on the pylons towards the rear of the field, angled out and slapped up his horse, SANDRA KEITH. The respondent endeavoured to progress around the outside of the galloping FABRI BROMAC and, in so doing, came into contact with the sulky wheel of that horse. SANDRA KEITH then galloped and lost her chance in the race.
When questioned by the Committee as to how far behind FABRI BROMAC Mr Lowe was when that horse started to gallop, Mr Tidmarsh estimated it was some 30 to 40 metres. The videos supported this conclusion. He stated the respondent could have either restrained his horse or moved to the inside of FABRI BROMAC, but instead Mr Lowe decided to improve to the outside of FABRI BROMAC and came into contact with the cart of that horse. In so doing, he alleged Mr Lowe was guilty of careless driving. In the respondent’s favour, however, as he acknowledged, was the fact that FABRI BROMAC had shifted out slightly as Mr Lowe came around that horse.
Mr Lowe stated that when he decided to go around FABRI BROMAC it was still pacing. He believed there was “clear air” out there and then were no gaps to his inside when he made that decision. He said he had just “pinged” the outside wheel of FABRI BROMAC and had that horse not run out, the incident would not have happened. He said he did not have time to change his decision to go to the outside of FABRI BROMAC, as SANDRA KEITH was a very headstrong mare. He added he believed the obligation of a driver of a galloping horse in the situation FABRI BROMAC was in, was to keep a straight line and avoid other horses.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Lowe admitted the breach, it was found to be proved.
sumissionsforpenalty:
Mr Tidmarsh produced the respondent’s record, which was clear under this rule. Mr Lowe is not a very active driver. He had 8 drives last season and has had 6 this. Mr Tidmarsh stated the JCA Penalty Guide indicated a starting point of $500 or 10 drives. He believed a lesser fine was appropriate on this occasion.
Mr Lowe stated he did not believe he had ever been charged with hitting a wheel before. He said he would prefer a fine to a suspension. When questioned, he said he drove mainly his own horses, and had three currently in racing trim.
reasonsforpenalty:
Mr Lowe has decided to progress to the outside of FABRI BROMAC. The videos evidence the fact that he had time to assess the fact that FABRI BROMAC had gone into a gallop. He determined to continue to come to the outside of that horse even though the obligation of the driver of FABRI BROMAC under the Rules was to take that horse wider on the track so that it did not disrupt the field. Mr Lowe appears to have not factored this into his decision-making. It is evident from the videos he was over two horse lengths behind the galloping FABRI BROMAC when he continued to move wider on the track and attempted to progress around the outside of that horse. He came into contact with the outside wheel of FABRI BROMAC, as that horse shifted out slightly, as he came around. There was clearly room for the respondent to move to the inside of FABRI BROMAC and to make up ground.
Mr Lowe’s carelessness is thus assessed as being mid-range. No movement of the starting point is necessary for the gravity of the breach, although the chances of his own horse, SANDRA KEITH, which was racing towards the rear of the field, were affected.
The two mitigating factors are the good record of the respondent, although this has to be viewed in the light of the fact he has had few drives these past two seasons, and his admission of the breach.
penalty:
After $100 discount for each of the two mitigating factors, the penalty is a fine of $300. Mr Lowe is reminded of his obligations under the Rules of Harness Racing.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr A Lowe - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 82bbb74c8f5d3f98e3bbd97b8b382cea
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/10/2016
meet_title: Forbury Park TC - 20 October 2016
meet_expappcomment:
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tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
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name: Forbury Park TC