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Gore HRC 10 April 2011 – R 4

ID: JCA16595

Applicant:
Mr CJ Allison - Stipendiary Steward

Respondent(s):
Mr BM Norman - driver PHANTOM GRIN

Other Person:
Mr M Jones - driver RIVER BLACK, Mr S Wallis - Stipendiary Steward

Information Number:
69068

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
denied

Meet Title:
Gore HRC - 10 April 2011

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2011/04/10

Race Number:
R 4

Decision:

The committee was satisfied that a clear breach of the rule had occurred and as a result the information was upheld.

Penalty:

The committee fined Mr Norman the sum of $300 and reminded him of his professional obligations.

Charge:

Careless driving

Facts:

At the conclusion of race 4 the K2 Kontracting LTD Mobile Pace a information was lodged by Stipendiary Steward Mr C J Allison alleging that B M Norman PHANTOM GRIN drove carelessly when shifting out causing interference to RIVER BLACK (M P Jones) resulting in the colt breaking with approximately 1700metres to run.

Mr Norman did not admit the breach.

The rule reads no horseman shall drive carelessly.

Submissions for Decision:

At the beginning of the hearing the chairman asked both parties if the evidence given in the protest hearing 13555 was an accurate reflection of the statements made. Both Mr Allison and Mr Norman agreed it was and added they had nothing further to add to the original protest hearing copied below.

Stipendiary Steward Mr C J Allison showed the committee several video clips of the alleged incident highlighting the alleged interference.

Mr Allison stated that RIVER BLACK (M Jones) was moving forwards and that PHANTOM GRIN (B Norman) had shifted his ground outwards and had come in contact with RIVER BLACK causing that horse to lose considerable ground.

Mr Allison also highlighted the finishing run of RIVER BLACK in the home straight when he finished within 1½ lengths of the third placed horse PHANTOM GRIN.

Mr Jones the Driver of RIVER BLACK stated that he was moving forwards as he was entitled to when PHANTOM GRIN came out and made contact.
Mr Jones also said that he ‘yelled out’ to Mr Norman to get back in but he failed to respond with the horses coming into contact with his horse River Black losing considerable ground.

Mr Jones also stated that his horse finished off the race well in 5th place.

Mr Norman stated that he believed he was entitled to come out and that RIVER BLACK had contributed to the incident by moving outside him at the time of the alleged incident.

Mr Norman stated that Mr Jones had the whole track to go forward on and that Mr Jones could have pulled back at any stage.

Mr Norman also said that Mr Jones tried to hold him in and had contributed to the incident.

Reasons for Decision:

In the committee's opinion Phantom Grin moved outwards when not sufficiently clear of River Black who was moving forwards at the same time.

Mr Norman’s action has caused two horses to come in contact with River Black breaking and losing many lengths as a result and settling at the back of the field.

It was also significant that River Black has finished the race off strongly finishing only 1½ lengths from Phantom Grin in 5th Placing at the winning post.

Submissions for Penalty:

Stipendiary Steward Mr C Allison stated that Mr Norman had an excellent driving record and had no breaches under this rule in the past twelve months.

Mr Allison also stated that he believed the carelessness was mid range and that the horse PHANTOM GRIN driven by Mr Norman had been relegated from third placing costing the horses owners a stake bearing place.

Mr Norman stated that he had two or three race day drives most race days and that he had never been before the committee on any charge before in his career.

Reasons for Penalty:

On this occasion he had made a simple error of judgment which has resulted in his horse being relegated from third placing.

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: ca776c874d21b6b56fdef97576f819ee


informantnumber: 69068


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Gore HRC 10 April 2011 - R 4


charge:

Careless driving


facts:

At the conclusion of race 4 the K2 Kontracting LTD Mobile Pace a information was lodged by Stipendiary Steward Mr C J Allison alleging that B M Norman PHANTOM GRIN drove carelessly when shifting out causing interference to RIVER BLACK (M P Jones) resulting in the colt breaking with approximately 1700metres to run.

Mr Norman did not admit the breach.

The rule reads no horseman shall drive carelessly.


appealdecision:


isappeal:


submissionsfordecision:

At the beginning of the hearing the chairman asked both parties if the evidence given in the protest hearing 13555 was an accurate reflection of the statements made. Both Mr Allison and Mr Norman agreed it was and added they had nothing further to add to the original protest hearing copied below.

Stipendiary Steward Mr C J Allison showed the committee several video clips of the alleged incident highlighting the alleged interference.

Mr Allison stated that RIVER BLACK (M Jones) was moving forwards and that PHANTOM GRIN (B Norman) had shifted his ground outwards and had come in contact with RIVER BLACK causing that horse to lose considerable ground.

Mr Allison also highlighted the finishing run of RIVER BLACK in the home straight when he finished within 1½ lengths of the third placed horse PHANTOM GRIN.

Mr Jones the Driver of RIVER BLACK stated that he was moving forwards as he was entitled to when PHANTOM GRIN came out and made contact.
Mr Jones also said that he ‘yelled out’ to Mr Norman to get back in but he failed to respond with the horses coming into contact with his horse River Black losing considerable ground.

Mr Jones also stated that his horse finished off the race well in 5th place.

Mr Norman stated that he believed he was entitled to come out and that RIVER BLACK had contributed to the incident by moving outside him at the time of the alleged incident.

Mr Norman stated that Mr Jones had the whole track to go forward on and that Mr Jones could have pulled back at any stage.

Mr Norman also said that Mr Jones tried to hold him in and had contributed to the incident.


reasonsfordecision:

In the committee's opinion Phantom Grin moved outwards when not sufficiently clear of River Black who was moving forwards at the same time.

Mr Norman’s action has caused two horses to come in contact with River Black breaking and losing many lengths as a result and settling at the back of the field.

It was also significant that River Black has finished the race off strongly finishing only 1½ lengths from Phantom Grin in 5th Placing at the winning post.


Decision:

The committee was satisfied that a clear breach of the rule had occurred and as a result the information was upheld.


sumissionsforpenalty:

Stipendiary Steward Mr C Allison stated that Mr Norman had an excellent driving record and had no breaches under this rule in the past twelve months.

Mr Allison also stated that he believed the carelessness was mid range and that the horse PHANTOM GRIN driven by Mr Norman had been relegated from third placing costing the horses owners a stake bearing place.

Mr Norman stated that he had two or three race day drives most race days and that he had never been before the committee on any charge before in his career.


reasonsforpenalty:

On this occasion he had made a simple error of judgment which has resulted in his horse being relegated from third placing.


penalty:

The committee fined Mr Norman the sum of $300 and reminded him of his professional obligations.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr CJ Allison - Stipendiary Steward


JockeysandTrainer: Mr BM Norman - driver PHANTOM GRIN


Otherperson: Mr M Jones - driver RIVER BLACK, Mr S Wallis - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 23a6b3c26a5943b5aa8e0f16f3ec54aa


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6f6e801dc34a2c1a84758175d11bc75e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/04/2011


meet_title: Gore HRC - 10 April 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Gore HRC