Gore HRC – 3 September 2006 – Race 7

hearingid: 0808bf5143a0d53c3ab305f587b715aa

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hearing_racingtype: harness-racing

startdate: 03/09/2006

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decisiondate: no date provided

hearing_title: Gore HRC - 3 September 2006 - Race 7

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Mr Knowles, stipendiary steward, alleged that in race 7 at Gore on 3 September last, Mr Cox drove carelessly

Mr Knowles, stipendiary steward, alleged that in race 7 at Gore on 3 September last, Mr Cox drove carelessly by allowing VILLAGE SARTI to strike the wheel of FLIRT ALERT causing it to break checking MAGNETIC CHARGER (J Malcolm) which fell, A LITTLE MORE ACTION (N Williamson) which lost its driver, and HONEY BEE BAD (S Walkinshaw) which also lost its driver. The matter was opened and adjourned at Gore.

Mr Knowles had Mr Allison demonstrate on the videos that when Mr Cox was in the trail and at the 400 metre mark on the home bend on the final occasion, he pulled the ear plugs. As a consequence VILLAGE SARTI commenced to hang and ran inwards over some 5 or 6 marker pegs. The front leg of VILLAGE SARTI then struck the wheel of the leading horse causing VILLAGE SARTI to break and disrupting the field, with the consequence that a number of horses were inconvenienced, with 3 falling. Mr Knowles alleged that Mr Cox had moved forward in the cart to release the ear plugs and had allowed his horse to run inwards. He demonstrated that VILLAGE SARTI was inside the leading horse when it struck its wheel. Mr Knowles stated VILLAGE SARTI was hanging prior to Mr Cox pulling the ear plugs and demonstrated on the videos that VILLAGE SARTI was hanging from about the 600 metre mark. He stated that knowing the horse had been hanging, Mr Cox should not have pulled the plugs at the point that he did.

Mr Negus stated, and Mr Allison confirmed, that VILLAGE SARTI had broken when free of interference on a previous occasion and was wearing spreaders to prevent this occurring again, as it was believed the horse might have been hitting its knees, and this was why it broke. It was also noted that VILLAGE SARTI had fallen in a race at Nelson and Mr Negus said the horse may have become claustrophobic and panicked when hitting the pegs due to that experience. Mr Negus said VILLAGE SARTI was going straight prior to Mr Cox pulling the plugs, that VILLAGE SARTI started to hang the moment the plugs were released, and that Mr Cox was doing all he could to keep out. The incident was due, he said, to VILLAGE SARTI's erratic racing behaviour, not Mr Cox's actions.

Mr Knowles acknowledged the comments by Mr Negus, but said Mr Cox was a well travelled junior horseman and he should not have allowed VILLAGE SARTI to move down onto the pegs. He said Mr Cox was just sitting there while VILLAGE SARTI hit 5 or 6 pegs, and that he had restrained the horse too late and only after it had run inside the horse in front.

Mr Negus in reply said VILLAGE SARTI's head was round because Mr Cox was trying to correct it and that there was no response from the horse. He said Mr Cox was doing his best to avoid the incident but that the horse had taken control. Mr Cox, himself, stated he had not expected the horse to pick up the bit when he pulled the plugs as it felt a bit flat at the time he pulled them.

We find that Mr Cox pulled the plugs on VILLAGE SARTI some 400 metres from the finish. VILLAGE SARTI then immediately commenced to hang and ran over some 4 to 5 markers. The horse then ran inside the leading horse, eventually striking the wheel of the cart of that horse. VILLAGE SARTI broke as a consequence causing interference to a number of other runners. It is clear that VILLAGE SARTI had been hanging prior to the incident, from about the 600 metres mark. We accept that at the point Mr Cox pulled the plugs VILLAGE SARTI had its head straight. We believe that Mr Cox, having taken the decision to release the plugs in the knowledge that VILLAGE SARTI had been hanging, needed to be more alert to the need to take positive action to control the horse, should it again prove difficult to control. Mr Knowles is correct when he says Mr Cox allowed VILLAGE SARTI to roll inwards and we count some 4 to 5 markers that were hit by the horse at a time when Mr Cox appears to be merely sitting there. He does not react to the horse's hanging. It is only as VILLAGE SARTI strikes the sulky wheel of the leading horse that Mr Cox makes a determined attempt to restrain VILLAGE SARTI. Unfortunately, as Mr Knowles has said, this was too late. We accept that the wayward tendencies of VILLAGE SARTI have contributed to the incident but are firmly of the view that Mr Cox was remiss in not taking steps to restrain VILLAGE SARTI before he did. In these circumstances we find the charge of careless driving proved.

Mr Cox has been found to have committed a breach of rule 869(3)(b), careless driving. The consequences of his inaction were severe with a number of horses suffering interference and 3 falling. We take into account as a mitigating factor that the behaviour of VILLAGE SARTI contributed to the incident, but Mr Cox's reaction to that horse's hanging and hitting the markers was inadequate and simply too late. We also give substantial credit for Mr Cox's excellent record, with his having 335 drives and no charges under this rule. Balancing the degree of culpability against the consequences of Mr Cox's actions, we agree with Mr Knowles that a suspension is appropriate. Mr Cox has asked us to consider a fine, but not a substantial one. We suspend Mr Cox after racing on Sunday 10 September up to and including Friday September 22. We also fine him the sum of $200 and remind him of his obligations under the Rules of Harness Racing.

G Hall

D Steel

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hearing_type: Old Hearing

Rules: 869.3.b

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raceid: e685b0ca2eaa91213c703dee74b951fa

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racecancelled: 0

race_noreport: 0

race_emailed1: 0

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race_title: Race 7

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meetdate: 03/09/2006

meet_title: Gore HRC - 3 September 2006

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tracklocation: gore-hrc

meet_racingtype: harness-racing

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name: Gore HRC