Archive Decision
This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.
Franklin TC 27 May 2011 – R2
ID: JCA15318
Meet Title:
Franklin TC - 27 May 2011
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2011/05/27
Race Number:
R2
Decision:
The charge having been admitted is accordingly proven.
Penalty:
Mr Wolfenden is accordingly fined the sum of $200.
Charge:
Following the running of Race 2 an Information was lodged by Stipendiary Steward Mr JM Muirhead against Driver Mr GP Wolfenden alleging that Mr Wolfenden was in breach of Rule 869(4) in that when driving WESTMINSTER CHAPEL in Race 2 he struck the wheel of the sulky of BRONZE DESTINY just after the start with the tyre on the sulky of BRONZE DESTINY coming off the rim and that horse losing its chance.
Mr Wolfenden was present at the Hearing and advised this Committee that he admitted the breach.
Rule 869(4) provides:
“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”.
Facts:
The Rule was read to Mr Wolfenden and he acknowledged that he understood it.
Mr Muirhead gave evidence by use of the video films and he demonstrated the incident from several angles. The films showed that WESTMINSTER CHAPEL drew behind BRONZE DESTINY at the start and shortly after the start BRONZE DESTINY (Driver Mr JI Dickie) eased slightly and looked to move in to obtain a better position. Mr Wolfenden’s horse was travelling keenly and the front legs of his horse made contact with the sulky wheel of BRONZE DESTINY causing the tyre to come off the rim and that horse to lose its chance.Mr Muirhead said that Mr Wolfenden could have stayed directly behind Mr Dickie’s horse but did not do so and the end result was that contact was made. Mr Muirhead did acknowledge however that it was only slight contact.
Mr Wolfenden for his part said that his horse was over racing and giving him a difficult drive. He said that he only made the slightest of contact with Mr Dickie’s wheel and he said that one of the problems with carbon fibre wheels is that they can break with slight contact. He said that if it was the normal style wheel then nothing would have happened. Mr Wolfenden said that he tried to give Mr Dickie some room because he was coming back and tried to ease his horse but because it was over racing he had difficulty in doing so.
Mr Muirhead said that horses easing in early in the race looking for places in the field happens in every race and that Mr Wolfenden should have expected it.
Submissions for Decision:
N/A
Reasons for Decision:
N/A
Submissions for Penalty:
Mr Muirhead said that the JCA Guidelines provided for a fine of $400.00 and even though in this instance another horse’s chances were eliminated he did acknowledge that it was minor contact and he submitted that a fine of $250.00 was appropriate.
Mr Wolfenden for his part said again that he only slightly touched the wheel and there was no intent on his part and he again pointed to the fact that his horse was over racing.
Reasons for Penalty:
The Committee looked at the films and listened to the evidence. Mr Wolfenden has admitted the charge and the result of the contact is that one horse has had its chances effected.
On the other hand Mr Wolfenden has admitted the charge at the first instance, his horse was over racing and there was only a slight contact. The fact that it was a carbon fibre wheel might also have contributed to the end result. Mr Wolfenden also has a good record. For the above reasons the Committee believes that a fine slightly less than that submitted by Mr Muirhead would be appropriate.
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: 83be99c0c86f4f4ae4df7655b376a932
startdate: no date provided
hearing_title: Franklin TC 27 May 2011 - R2
charge:
Following the running of Race 2 an Information was lodged by Stipendiary Steward Mr JM Muirhead against Driver Mr GP Wolfenden alleging that Mr Wolfenden was in breach of Rule 869(4) in that when driving WESTMINSTER CHAPEL in Race 2 he struck the wheel of the sulky of BRONZE DESTINY just after the start with the tyre on the sulky of BRONZE DESTINY coming off the rim and that horse losing its chance.
Mr Wolfenden was present at the Hearing and advised this Committee that he admitted the breach.
Rule 869(4) provides:
“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”.
facts:
The Rule was read to Mr Wolfenden and he acknowledged that he understood it.
Mr Muirhead gave evidence by use of the video films and he demonstrated the incident from several angles. The films showed that WESTMINSTER CHAPEL drew behind BRONZE DESTINY at the start and shortly after the start BRONZE DESTINY (Driver Mr JI Dickie) eased slightly and looked to move in to obtain a better position. Mr Wolfenden’s horse was travelling keenly and the front legs of his horse made contact with the sulky wheel of BRONZE DESTINY causing the tyre to come off the rim and that horse to lose its chance.Mr Muirhead said that Mr Wolfenden could have stayed directly behind Mr Dickie’s horse but did not do so and the end result was that contact was made. Mr Muirhead did acknowledge however that it was only slight contact.
Mr Wolfenden for his part said that his horse was over racing and giving him a difficult drive. He said that he only made the slightest of contact with Mr Dickie’s wheel and he said that one of the problems with carbon fibre wheels is that they can break with slight contact. He said that if it was the normal style wheel then nothing would have happened. Mr Wolfenden said that he tried to give Mr Dickie some room because he was coming back and tried to ease his horse but because it was over racing he had difficulty in doing so.
Mr Muirhead said that horses easing in early in the race looking for places in the field happens in every race and that Mr Wolfenden should have expected it.
submissionsfordecision:
N/A
Decision:
The charge having been admitted is accordingly proven.
sumissionsforpenalty:
Mr Muirhead said that the JCA Guidelines provided for a fine of $400.00 and even though in this instance another horse’s chances were eliminated he did acknowledge that it was minor contact and he submitted that a fine of $250.00 was appropriate.
Mr Wolfenden for his part said again that he only slightly touched the wheel and there was no intent on his part and he again pointed to the fact that his horse was over racing.
reasonsforpenalty:
The Committee looked at the films and listened to the evidence. Mr Wolfenden has admitted the charge and the result of the contact is that one horse has had its chances effected.
On the other hand Mr Wolfenden has admitted the charge at the first instance, his horse was over racing and there was only a slight contact. The fact that it was a carbon fibre wheel might also have contributed to the end result. Mr Wolfenden also has a good record. For the above reasons the Committee believes that a fine slightly less than that submitted by Mr Muirhead would be appropriate.
penalty:
Mr Wolfenden is accordingly fined the sum of $200.
Informant: Mr JM Muirhead
JockeysandTrainer: GP Wolfenden - Licensed Open Horseman
raceid: 82745dab91225ce048005e4313f51ea4
meetid: 5bc9f1550ca5facb5f4f5a6e55501ab8
meet_expapproval: approved
meet_title: Franklin TC - 27 May 2011
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "26", "Total": "16.12", "kmprice": 16.120000000000001, "Approved": "on"}, {"Comment": [], "kmprice": 65.719999999999999, "MemberID": "BScott", "Member": "", "KMs": "106", "OtherExpenses": "0", "Total": "65.72", "MemberRole": "Chair ", "Approved": "on"}]
tracklocation: franklin-tc
meet_racingtype: harness-racing
