Franklin TC 30 May 2014 – R 1
ID: JCA12255
Meet Title:
Franklin TC - 30 May 2014
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2014/05/30
Race Number:
R1
Decision:
The charge is upheld.
Penalty:
Pursuant to Rule 1003 we impose a suspension on Mr White from holding or obtaining a Drivers License from the conclusion of racing today up to and including the 31st of August 2014.
In addition we impose a fine of $200.00 on Mr White.
Facts:
Following the running of THE DEXION STOREAGE SYSTEMS NZ AMATEUR DRIVERS CHAMPS HEAT (MOB) an Information was filed by Stipendiary Steward Mr JM Muirhead against Advanced Amateur Horseman Mr A White alleging that Mr White drove BRYDON DELIGHT carelessly racing into the first bend causing interference to CHANGE GEAR (Driver M Maynard) resulting in that horse falling with resultant severe interference to four other runners.
Mr White was present at the Hearing of the Information and he advised the Committee that he did not admit the breach.
Rule 869(3) (b) provides:
“No horseman in any race shall drive carelessly.”
The Rule was read to Mr White.
Mr Muirhead demonstrated the incident by use of the race films and he showed where racing into the first bend Mr Maynard driving CHANGE GEAR was on the inside line with Mr White moving up outside him and Ms Northcott driving HUGH HEFNER three wide. Mr Muirhead said that the Stewards did not believe that Ms Northcott put any pressure on Mr White.
Mr Muirhead then demonstrated where Mr White was endeavouring to take the lead from Mr Maynard’s horse and he showed where the inside wheel of Mr White’s sulky was inside the outside wheel of Mr Maynard’s sulky. He then said there was not enough room for Mr Maynard, who was driving his horse forward, and he showed where Mr White continued to drive his horse forward for several strides even though he was moving in on Mr Maynard’s horse. He further said that the Stewards believed that there was not enough room for Mr Maynard and that this was caused by Mr White. The end result was that Mr Maynard’s horse went over pylons, broke and there was resultant interference to several following horses.
Mr Muirhead also said that he was not sure if Mr White heard Mr Maynard call out but even if he did he (Mr White) did not react and that any subsequent action he took was too little too late.
Mr White in cross examination said that he drove his horse straight and it did not respond to his actions. He asked Mr Muirhead if the lead horse should have conceded because he (Mr White) was driving towards the lead.
Mr Muirhead in response said that Mr White’s job was not to cause interference. He said that Mr Maynard was going straight ahead and that there was not enough room for him and this was caused by Mr White.
Mr White said that he did not agree with the Careless Driving Charge.
Mr Maynard then gave evidence and he said that he was the Driver of CHANGE GEAR and he found the lead from the one draw and he held the inside running. He was trying to maintain his position. He then said that going into the first bend Mr White’s horse came down on him and took his legs.
He said that he sensed that Mr White was coming down and he said I called “Get out of it – get out of it”.
He said that Mr White did not respond and he kept coming in and Mr White’s cart clipped the front legs of Mr Maynard’s horse and that caused the problem. Mr Maynard said that he was only trying to maintain his line and keep his advantage from having drawn one.
Mr Maynard in answer to a question from Mr White said “but I could see it coming and I gave you opportunity to remain in the running line but there was contact”.
Mr Muirhead then called Mr Grayling the Trainer of BRYDON DELIGHT to give evidence. He said that the horse had had 87 starts, was very experienced and generally his manners are good. He said that he has a good mouth and he didn’t expect any problems from him and that he was a nice horse to drive.
In answer to a question from Mr White he could possibly be a bit tricky for a new Driver but that he had no history of being awkward to drive and that he was a beautiful horse to drive. He did acknowledge that the horse was wearing flip-flops and that he might possibly have been feeling track a little.
Mr White then gave evidence and said that it was the first time he had driven the horse and he did say that he was lovely to warm up and he was told to go to the front. He said that he tried to burst him out of the gate but that he couldn’t get the lead.
He then acknowledged that Mr Maynard had called out but he said that he hadn’t moved and he realized that it was getting tight. He said they were driving into a bend and he tried to correct his horse but it was too late. He then went on to say that his horse had a dead mouth and would not respond to any of his actions and his horse was running in on the bends and out in the straights.
Mr White said that he had driven in hundreds of races professionally before becoming an Amateur Driver.
Mr White then went on to say that there was not any great contact between his horse and Mr Maynard’s horse and he said that there were a number of reasons for the incident apart from his driving carelessly.
In answer to a question from Mr Muirhead he acknowledged that the outside horse did not put any pressure on him.
Submissions for Decision:
Mr Muirhead said that the Stewards believed that the films tell the story. Mr White did not give Mr Maynard any room for his horse to stand up and he has fallen and this is conclusively shown on the film. Mr Muirhead said that Mr White was intent on going to the front and even though it was becoming tight on Mr White continued to drive his horse forward and this was clearly shown on the film. He said that Mr White was clearly careless.
Mr White said that he disagreed with Mr Muirhead and his horse was not steering properly and he had got to the point of no return and that despite his efforts he could not control his horse.
Mr White told the Committee that he blamed his horse for the incident and that it was not his fault.
Reasons for Decision:
The Committee viewed the films numerous times and they clearly tell the story. We have also listened to the evidence presented to us.
Mr White has acknowledged that there was no pressure from his outside and he blames his horse.
Mr Maynard has told us that he called out to Mr White to get out of it but there was no response from Mr White. The lack of response from Mr White is clearly shown on the films.
Mr White told us that he was trying to steer his horse and was trying to move away from Mr Maynard but there was no evidence of that whatsoever. He did not appear to try to take any corrective action at all and in fact he was driving his horse forward at the time of the incident and at no stage did he ease up.
Mr Maynard is entitled to his running line and is entitled to maintain his position.
Mr White has a responsibility to drive his horse in a prudent manner and not cause any interference and on this occasion he has clearly caused interference. He has tried to blame his horse and we do not accept that.
We find Mr White to have driven carelessly and to have caused the interference to Mr Maynard’s horse and the resulting interference to other horses in the Race and accordingly the charge is upheld.
Submissions for Penalty:
Mr Muirhead said that in his professional career Mr White had had approximately 606 drives.
He said that the JCA Guidelines provide for a Starting Point Penalty for Careless Driving Causing Injury to be suspension of license for 20 drives or a $1,000.00 fine.
Mr Muirhead said that as a result of the interference one horse had to be put down and one Driver had gone to hospital and there had been consequences for other horses and Drivers.
Mr Muirhead submitted that Mr White’s license should be suspended to the end of the season and that perhaps there should be a monetary fine as well. He said that the carelessness was in the medium to high range and the consequences make it higher.
Mr White said that he appreciates that it is a serious matter because of the consequences but that he generally does have a good record.
He said that he is a Farrier and that he has just built a house and that a fine would impact on him.
Reasons for Penalty:
The Committee told Mr White that as a Driver of 606 professional drives we expected a better standard of driving from him.
The incident is in the mid to high range as far as we are concerned and of course there were serious consequences from the incident. Mr White, in our view, has not taken any corrective action and has simply driven on even though Mr Maynard’s horse was being squeezed for room. There were in fact serious consequences of Mr White’s actions.
It seems appropriate to us that we should impose not only a suspension of Mr White’s license but also a monetary penalty as well.
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: 47189f02ba2ff3f6ecbf5ddb55f74b92
informantnumber: A4209
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing interference
plea: denied
penaltyrequired: 1
decisiondate: 05/06/2014
hearing_title: Franklin TC 30 May 2014 – R 1
charge:
facts:
Following the running of THE DEXION STOREAGE SYSTEMS NZ AMATEUR DRIVERS CHAMPS HEAT (MOB) an Information was filed by Stipendiary Steward Mr JM Muirhead against Advanced Amateur Horseman Mr A White alleging that Mr White drove BRYDON DELIGHT carelessly racing into the first bend causing interference to CHANGE GEAR (Driver M Maynard) resulting in that horse falling with resultant severe interference to four other runners.
Mr White was present at the Hearing of the Information and he advised the Committee that he did not admit the breach.
Rule 869(3) (b) provides:
“No horseman in any race shall drive carelessly.”
The Rule was read to Mr White.
Mr Muirhead demonstrated the incident by use of the race films and he showed where racing into the first bend Mr Maynard driving CHANGE GEAR was on the inside line with Mr White moving up outside him and Ms Northcott driving HUGH HEFNER three wide. Mr Muirhead said that the Stewards did not believe that Ms Northcott put any pressure on Mr White.
Mr Muirhead then demonstrated where Mr White was endeavouring to take the lead from Mr Maynard’s horse and he showed where the inside wheel of Mr White’s sulky was inside the outside wheel of Mr Maynard’s sulky. He then said there was not enough room for Mr Maynard, who was driving his horse forward, and he showed where Mr White continued to drive his horse forward for several strides even though he was moving in on Mr Maynard’s horse. He further said that the Stewards believed that there was not enough room for Mr Maynard and that this was caused by Mr White. The end result was that Mr Maynard’s horse went over pylons, broke and there was resultant interference to several following horses.
Mr Muirhead also said that he was not sure if Mr White heard Mr Maynard call out but even if he did he (Mr White) did not react and that any subsequent action he took was too little too late.
Mr White in cross examination said that he drove his horse straight and it did not respond to his actions. He asked Mr Muirhead if the lead horse should have conceded because he (Mr White) was driving towards the lead.
Mr Muirhead in response said that Mr White’s job was not to cause interference. He said that Mr Maynard was going straight ahead and that there was not enough room for him and this was caused by Mr White.
Mr White said that he did not agree with the Careless Driving Charge.
Mr Maynard then gave evidence and he said that he was the Driver of CHANGE GEAR and he found the lead from the one draw and he held the inside running. He was trying to maintain his position. He then said that going into the first bend Mr White’s horse came down on him and took his legs.
He said that he sensed that Mr White was coming down and he said I called “Get out of it – get out of it”.
He said that Mr White did not respond and he kept coming in and Mr White’s cart clipped the front legs of Mr Maynard’s horse and that caused the problem. Mr Maynard said that he was only trying to maintain his line and keep his advantage from having drawn one.
Mr Maynard in answer to a question from Mr White said “but I could see it coming and I gave you opportunity to remain in the running line but there was contact”.
Mr Muirhead then called Mr Grayling the Trainer of BRYDON DELIGHT to give evidence. He said that the horse had had 87 starts, was very experienced and generally his manners are good. He said that he has a good mouth and he didn’t expect any problems from him and that he was a nice horse to drive.
In answer to a question from Mr White he could possibly be a bit tricky for a new Driver but that he had no history of being awkward to drive and that he was a beautiful horse to drive. He did acknowledge that the horse was wearing flip-flops and that he might possibly have been feeling track a little.
Mr White then gave evidence and said that it was the first time he had driven the horse and he did say that he was lovely to warm up and he was told to go to the front. He said that he tried to burst him out of the gate but that he couldn’t get the lead.
He then acknowledged that Mr Maynard had called out but he said that he hadn’t moved and he realized that it was getting tight. He said they were driving into a bend and he tried to correct his horse but it was too late. He then went on to say that his horse had a dead mouth and would not respond to any of his actions and his horse was running in on the bends and out in the straights.
Mr White said that he had driven in hundreds of races professionally before becoming an Amateur Driver.
Mr White then went on to say that there was not any great contact between his horse and Mr Maynard’s horse and he said that there were a number of reasons for the incident apart from his driving carelessly.
In answer to a question from Mr Muirhead he acknowledged that the outside horse did not put any pressure on him.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that the Stewards believed that the films tell the story. Mr White did not give Mr Maynard any room for his horse to stand up and he has fallen and this is conclusively shown on the film. Mr Muirhead said that Mr White was intent on going to the front and even though it was becoming tight on Mr White continued to drive his horse forward and this was clearly shown on the film. He said that Mr White was clearly careless.
Mr White said that he disagreed with Mr Muirhead and his horse was not steering properly and he had got to the point of no return and that despite his efforts he could not control his horse.
Mr White told the Committee that he blamed his horse for the incident and that it was not his fault.
reasonsfordecision:
The Committee viewed the films numerous times and they clearly tell the story. We have also listened to the evidence presented to us.
Mr White has acknowledged that there was no pressure from his outside and he blames his horse.
Mr Maynard has told us that he called out to Mr White to get out of it but there was no response from Mr White. The lack of response from Mr White is clearly shown on the films.
Mr White told us that he was trying to steer his horse and was trying to move away from Mr Maynard but there was no evidence of that whatsoever. He did not appear to try to take any corrective action at all and in fact he was driving his horse forward at the time of the incident and at no stage did he ease up.
Mr Maynard is entitled to his running line and is entitled to maintain his position.
Mr White has a responsibility to drive his horse in a prudent manner and not cause any interference and on this occasion he has clearly caused interference. He has tried to blame his horse and we do not accept that.
We find Mr White to have driven carelessly and to have caused the interference to Mr Maynard’s horse and the resulting interference to other horses in the Race and accordingly the charge is upheld.
Decision:
The charge is upheld.
sumissionsforpenalty:
Mr Muirhead said that in his professional career Mr White had had approximately 606 drives.
He said that the JCA Guidelines provide for a Starting Point Penalty for Careless Driving Causing Injury to be suspension of license for 20 drives or a $1,000.00 fine.
Mr Muirhead said that as a result of the interference one horse had to be put down and one Driver had gone to hospital and there had been consequences for other horses and Drivers.
Mr Muirhead submitted that Mr White’s license should be suspended to the end of the season and that perhaps there should be a monetary fine as well. He said that the carelessness was in the medium to high range and the consequences make it higher.
Mr White said that he appreciates that it is a serious matter because of the consequences but that he generally does have a good record.
He said that he is a Farrier and that he has just built a house and that a fine would impact on him.
reasonsforpenalty:
The Committee told Mr White that as a Driver of 606 professional drives we expected a better standard of driving from him.
The incident is in the mid to high range as far as we are concerned and of course there were serious consequences from the incident. Mr White, in our view, has not taken any corrective action and has simply driven on even though Mr Maynard’s horse was being squeezed for room. There were in fact serious consequences of Mr White’s actions.
It seems appropriate to us that we should impose not only a suspension of Mr White’s license but also a monetary penalty as well.
penalty:
Pursuant to Rule 1003 we impose a suspension on Mr White from holding or obtaining a Drivers License from the conclusion of racing today up to and including the 31st of August 2014.
In addition we impose a fine of $200.00 on Mr White.
hearing_type: Hearing
Rules: 869(3) (b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr A White - Advanced Amateur Horseman and Driver of BRYDON DELIGHT, Mr Grayling - Trainer of BRYDON DELIGHT
Otherperson: Mr M Maynard - Driver of CHANGE GEAR
PersonPresent:
Respondent:
StipendSteward:
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meetdate: 30/05/2014
meet_title: Franklin TC - 30 May 2014
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