Gore HRC 9 February 2019 – R 7 – Chair, Prof G Hall
ID: JCA15651
Meet Title:
Gore HRC - 9 February 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/02/09
Race Number:
R 7
Decision:
The breach of r 869(3)(b) (careless driving) is thus proved.
Penalty:
Mr McNally is suspended from the end of racing on 15 February up to an including 22 February 2019.
Facts:
Following the running of Race 7, the NZ HORSE TRANSPORT / T M BRUMBY BUILDERS HANDICAP TROT, an information was filed by Stipendiary Steward, Mr Renault, alleging that Mr McNally, the driver of ONE APOLLO, soon after the start shifted down the track when not clear of GRACE O’MALLEY which was forced inside the pylons and then broke.
Submissions for Decision:
Mr Renault identified the respondent as starting from 1 on the front. Mr McNally was in fact 2 out when the race commenced. Mr Renault said this was not that unusual, especially when only 2 horses were off the front and was not of concern to the Stewards. However, by starting from that position he had given Mr Hunter who started from 1 on the 10 metres mark, a run to his inside. Mr Hunter was driving GRACE O’MALLEY and that horse made a quick beginning. When GRACE O’MALLEY was up inside the cart of Mr McNally, he shifted down towards the markers. GRACE O’MALLEY was forced over the markers and broke as a consequence.
Mr Renault stated that GRACE O’MALLEY was only ½ to ¾ of a length behind Mr McNally at the time he shifted and there was room available for GRACE O’MALLEY to improve on the markers.
Mr Hunter gave evidence. He said he had begun well and saw the opportunity to get up inside ONE APOLLO while the respondent was still balancing his horse. He believed he had got there before Mr McNally realised he was there. He said he did not have time to yell. He said he had a clear run to the inside of Mr McNally and was already committed to take the gap when Mr McNally shifted down. He was impeded, had had to take hold, and went over the markers. GRACE O’MALLEY then galloped back to the rear of the field.
Mr McNally questioned Mr Hunter. He said he was not aware Mr Hunter was there. He asked Mr Hunter whether he had had enough time to get out of Mr Hunter’s road. Mr Hunter replied he was committed to the gap when Mr McNally came down and he had to let his trotter (GRACE O’MALLEY) roll. He said GRACE O’MALLEY had taken the fresh air and was coming at the rate of knots. He reiterated he did not believe Mr McNally knew he was there.
Mr McNally said he did not believe his driving was careless. He was bringing his horse down to the markers at the same time that Mr Hunter arrived. He did not believe there was room inside of him for Mr Hunter to improve into. At the time ONE APOLLO had momentum and was going in towards the markers. There was no chance for him to move his horse back out because of the speed of Mr Hunter. He also said the movement of ONE APOLLO inwards was not gradual. He was angling down to the markers. He also believed some were out more than others and that this may have contributed to the incident. He reiterated he was committed to going down to the markers, that he was not aware Mr Hunter was there, and that the speed of GRACE O’MALLEY was a further factor.
Mr McNally said if he had been driving GRACE O’MALLEY he would not have attempted the run that Mr Hunter had. He acknowledged he was aware that GRACE O’MALLEY was a fast beginner.
Mr Renault summed up by stating that Mr McNally by starting wide had opened the door for Mr Hunter, who had a clear run to the inside of Mr McNally. The only reason Mr Hunter went inside the markers was because of the actions of Mr McNally. Mr Hunter had been forced over them. He believed Mr McNally should have shifted wider on the track once there was a horse to his inside.
Mr McNally said he was angling towards the markers, which he believed were staggered at this point on the track. There was therefore never a full run to his inside for Mr Hunter.
Reasons for Decision:
We are satisfied that Mr McNally was caught out by the speed with which GRACE O’MALLEY had started from the 10-metre mark. By starting from a 2 wide position Mr McNally had left room for Mr Hunter to progress through on his inside. We accept Mr McNally, who was busy balancing his horse, did not realise Mr Hunter was there. However, once he commenced his angled run to the markers, he placed pressure on Mr Hunter who went over the markers and his horse galloped. It may well be that Mr McNally would not have attempted the run that Mr Hunter did, but that is not the point. There was a run to the respondent’s inside and Mr Hunter was entitled to take it. In shifting down when not clear of Mr Hunter who had progressed to a position to the inside of Mr McNally, we believe Mr McNally was careless.
Submissions for Penalty:
Mr Renault produced Mr McNally’s record. He has had 165 drives this season. He had a previous charge on 5 January at Timaru when he was suspended for 3 days. The starting point was thus a 3-day suspension. Mr Renault submitted a 5-day suspension was appropriate. Mr McNally had only had 27 drives since his last suspension and GRACE O’MALLEY had been pushed over the markers. He described the breach as mid-range.
Mr McNally said he believed the breach was at the lower end of the range. As the Committee had said when finding the breach proved, he had been caught out by the speed of GRACE O’MALLEY at the start. He sought a deferment until after Addington on 15 February.
Reasons for Penalty:
This is a breach where culpability is at the lower end, but the consequences of the breach are mid-range. Mr Hunter was entitled to be where he was on the track and the chances of GRACE O’MALLEY were adversely affected by Mr McNally’s carelessness. We see the breach as being mid-range, although perhaps towards the lower end.
There is a recent breach of this rule, but the respondent’s record is generally good. Mr McNally said he thought he had only had 3 or 4 breaches of the careless driving rule in his career. The starting point takes into account it is a second breach. We believe this breach can be met with a 4-day suspension.
JCA Decision Fields (raw)
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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: bff53d937e6e72b96fabb68e51302e9e
informantnumber: A9808
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 13/02/2019
hearing_title: Gore HRC 9 February 2019 - R 7 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 7, the NZ HORSE TRANSPORT / T M BRUMBY BUILDERS HANDICAP TROT, an information was filed by Stipendiary Steward, Mr Renault, alleging that Mr McNally, the driver of ONE APOLLO, soon after the start shifted down the track when not clear of GRACE O’MALLEY which was forced inside the pylons and then broke.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault identified the respondent as starting from 1 on the front. Mr McNally was in fact 2 out when the race commenced. Mr Renault said this was not that unusual, especially when only 2 horses were off the front and was not of concern to the Stewards. However, by starting from that position he had given Mr Hunter who started from 1 on the 10 metres mark, a run to his inside. Mr Hunter was driving GRACE O’MALLEY and that horse made a quick beginning. When GRACE O’MALLEY was up inside the cart of Mr McNally, he shifted down towards the markers. GRACE O’MALLEY was forced over the markers and broke as a consequence.
Mr Renault stated that GRACE O’MALLEY was only ½ to ¾ of a length behind Mr McNally at the time he shifted and there was room available for GRACE O’MALLEY to improve on the markers.
Mr Hunter gave evidence. He said he had begun well and saw the opportunity to get up inside ONE APOLLO while the respondent was still balancing his horse. He believed he had got there before Mr McNally realised he was there. He said he did not have time to yell. He said he had a clear run to the inside of Mr McNally and was already committed to take the gap when Mr McNally shifted down. He was impeded, had had to take hold, and went over the markers. GRACE O’MALLEY then galloped back to the rear of the field.
Mr McNally questioned Mr Hunter. He said he was not aware Mr Hunter was there. He asked Mr Hunter whether he had had enough time to get out of Mr Hunter’s road. Mr Hunter replied he was committed to the gap when Mr McNally came down and he had to let his trotter (GRACE O’MALLEY) roll. He said GRACE O’MALLEY had taken the fresh air and was coming at the rate of knots. He reiterated he did not believe Mr McNally knew he was there.
Mr McNally said he did not believe his driving was careless. He was bringing his horse down to the markers at the same time that Mr Hunter arrived. He did not believe there was room inside of him for Mr Hunter to improve into. At the time ONE APOLLO had momentum and was going in towards the markers. There was no chance for him to move his horse back out because of the speed of Mr Hunter. He also said the movement of ONE APOLLO inwards was not gradual. He was angling down to the markers. He also believed some were out more than others and that this may have contributed to the incident. He reiterated he was committed to going down to the markers, that he was not aware Mr Hunter was there, and that the speed of GRACE O’MALLEY was a further factor.
Mr McNally said if he had been driving GRACE O’MALLEY he would not have attempted the run that Mr Hunter had. He acknowledged he was aware that GRACE O’MALLEY was a fast beginner.
Mr Renault summed up by stating that Mr McNally by starting wide had opened the door for Mr Hunter, who had a clear run to the inside of Mr McNally. The only reason Mr Hunter went inside the markers was because of the actions of Mr McNally. Mr Hunter had been forced over them. He believed Mr McNally should have shifted wider on the track once there was a horse to his inside.
Mr McNally said he was angling towards the markers, which he believed were staggered at this point on the track. There was therefore never a full run to his inside for Mr Hunter.
reasonsfordecision:
We are satisfied that Mr McNally was caught out by the speed with which GRACE O’MALLEY had started from the 10-metre mark. By starting from a 2 wide position Mr McNally had left room for Mr Hunter to progress through on his inside. We accept Mr McNally, who was busy balancing his horse, did not realise Mr Hunter was there. However, once he commenced his angled run to the markers, he placed pressure on Mr Hunter who went over the markers and his horse galloped. It may well be that Mr McNally would not have attempted the run that Mr Hunter did, but that is not the point. There was a run to the respondent’s inside and Mr Hunter was entitled to take it. In shifting down when not clear of Mr Hunter who had progressed to a position to the inside of Mr McNally, we believe Mr McNally was careless.
Decision:
The breach of r 869(3)(b) (careless driving) is thus proved.
sumissionsforpenalty:
Mr Renault produced Mr McNally’s record. He has had 165 drives this season. He had a previous charge on 5 January at Timaru when he was suspended for 3 days. The starting point was thus a 3-day suspension. Mr Renault submitted a 5-day suspension was appropriate. Mr McNally had only had 27 drives since his last suspension and GRACE O’MALLEY had been pushed over the markers. He described the breach as mid-range.
Mr McNally said he believed the breach was at the lower end of the range. As the Committee had said when finding the breach proved, he had been caught out by the speed of GRACE O’MALLEY at the start. He sought a deferment until after Addington on 15 February.
reasonsforpenalty:
This is a breach where culpability is at the lower end, but the consequences of the breach are mid-range. Mr Hunter was entitled to be where he was on the track and the chances of GRACE O’MALLEY were adversely affected by Mr McNally’s carelessness. We see the breach as being mid-range, although perhaps towards the lower end.
There is a recent breach of this rule, but the respondent’s record is generally good. Mr McNally said he thought he had only had 3 or 4 breaches of the careless driving rule in his career. The starting point takes into account it is a second breach. We believe this breach can be met with a 4-day suspension.
penalty:
Mr McNally is suspended from the end of racing on 15 February up to an including 22 February 2019.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr S McNally - Licensed Open Driver
Otherperson: Mr P Hunter - Licensed Open Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 243ca7083d7cc8cbab18d2f8c0e0b59b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 85b257559974f152032fbbcf13d5ebd9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/02/2019
meet_title: Gore HRC - 9 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Gore HRC