Gore HRC – 9 December 2009 – Race 4

hearingid: 254aee6113a50f723bfd1c20a4acd004

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hearing_racingtype: harness-racing

startdate: 09/12/2009

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decisiondate: no date provided

hearing_title: Gore HRC - 9 December 2009 - Race 4

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The stipendiary steward Mr Allison laid an information after the conclusion of Race 4 alleging a breach of Rule 869(3)(b) in that Mr R Swain (BANJO PATERSON) shifted ground inwards when not sufficiently clear of LAUGHING MAN (B Norman) causing LAUGHING MAN to break.

The stipendiary steward Mr Allison laid an information after the conclusion of Race 4 alleging a breach of Rule 869(3)(b) in that Mr R Swain (BANJO PATERSON) shifted ground inwards when not sufficiently clear of LAUGHING MAN (B Norman) causing LAUGHING MAN to break.

Mr Allison had Mr Knowles, stipendiary steward, demonstrate the incident on 3 video angles. He demonstrated Mr Swain came across as the horses left the home straight just after the start, putting “the squeeze on” Mr Norman, who was attempting to hold his place, causing Mr Norman’s horse to break. He said there did not appear to be contact but Mr Swain was not sufficiently clear.

The evidence from Mr Norman was clear that he ran out of room because of pressure from his outside from Mr Swain. As a consequence, he was forced inwards on to a marker. His horse jumped the marker and then galloped. Mr Norman said he did not call out as he expected Mr Swain, who knew he was there, to give him room.

Mr Larsen was on Mr Swain’s outside. He was coming across with Mr Swain. He stated that he did not place pressure on Mr Swain. Mr Swain accepted this. Mr Larsen said it “got tight”. He saw a marker go and Mr Norman’s horse gallop. He could not tell how much room Mr Norman had.

Mr Armour was called to give evidence by Mr Swain. Mr Armour had a view of the incident from behind. He said things did get tight but there was no contact. He said he believed Mr Swain was clear of Mr Norman.

Mr Swain said he was clear of Mr Norman and that Mr Norman was hunting up. There was no yelling and no contact. He said Mr Norman’s horse, a 3 year-old, had panicked. He reiterated he had gone past Mr Norman when his horse galloped. He also attributed blame to the configuration of the passing lane. The incident occurred some distance past this. I do not believe the passing lane contributed to the incident.

I have viewed the incident from the 3 available video angles. Both the race video and the back straight video demonstrate that Mr Swain was not clear of Mr Norman as he came across. The side-on video demonstrated at best that Mr Swain’s cart may have been just clear of the legs of Mr Norman’s horse when it jumped the markers and galloped.

I am satisfied there was tightening to Mr Norman’s horse as a consequence of inwards movement from Mr Swain. I accept there was no contact between Mr Swain’s cart and the legs of LAUGHING MAN. Mr Norman was hunting up as he is entitled to do under the Rules. Mr Norman did run out of room and was forced on to a marker. I do not overlook Mr Armour’s evidence that Mr Swain was clear but his view was that of a driver some lengths behind Mr Norman and Mr Swain. While the fact Mr Norman did not yell to be given room is unusual, this is explained by the fact that he expected Mr Swain, as an experienced driver, to give him room. I accept Mr Swain was endeavouring to keep his horse clear of Mr Norman. As Mr Allison has stated, Mr Swain was pulling on the right rein in an attempt to so do. My conclusion is that in coming across too quickly and when not sufficient clear, Mr Swain has tightened Mr Norman resulting in LAUGHING MAN jumping a marker and galloping. In these circumstances I find the charge of careless driving proved.

Mr Allison said the incident could be dealt with by way of a fine at the lower end. Mr Swain agreed with this. Mr Swain’s record was produced which showed no breaches of any rule in the current season. Mr Allison added that he could not recall having occasion to talk to Mr Swain about his manner of driving.

I accept that the breach was at the lower end of the scale. There was no contact but Mr Norman had the right to be where he was, and the consequence of Mr Swain’s actions was LAUGHING MAN breaking and losing its chance. The fact Mr Swain has chosen to defend the matter is not aggravating, but neither can I give a discount for a guilty plea. Taking into account the nature of the breach and Mr Swain’s excellent record, a fine of $250 is imposed and he is reminded of his obligations under the Rules of Harness Racing, especially when crossing other horses.

Geoff Hall  

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hearing_type: Old Hearing

Rules: 869.3.b

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raceid: 1bd358d6962a4b7d620021a2649722dd

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race_title: Race 4

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meetid: fe8e2c60eb0e5be1d48915376b96b70f

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meetdate: 09/12/2009

meet_title: Gore HRC - 9 December 2009

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tracklocation: gore-hrc

meet_racingtype: harness-racing

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name: Gore HRC