Hawera HRC – 3 April 2010 – R 3

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hearing_racingtype: harness-racing

startdate: 03/04/2010

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hearing_title: Hawera HRC - 3 April 2010 - R 3

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RACEDAY JUDICIAL COMMITTEE DECISION

Information No:  68515

Meeting:  Hawera Harness Racing Club

Date:  3 April 2010 (heard on Monday 5 April 2010)

Venue:  Hawera

Race 3:  The Dan Hughes Ltd Handicap Trot    

Rule:  869(3) (b)

Judicial Committee:   (Chair) P Williams – Committee:  I Smith

Plea:  Not admitted

Appearing:  Informant:  Stipendiary Steward Mr T Taumanu

                     Defendant:  Mr T Grayling

Following the running of race 3, the Dan Hughes Ltd Transport Trot Mr Grayling was charged with careless driving under rule 869 (3) (b).  The information alleged that “T Grayling the driver of MONTRACHET drove carelessly when he moved his horse out to improve with approximately 200m left to run causing as check to LINDENNY’S SUNSHINE racing on its outside causing it to break – that horse driven by Z Butcher”.

Rule 869 (3) (b) states “No horseman in any race shall drive.... (c) carelessly”.

Mr Grayling indicated on the information he did not admit this breach of the rules.  He also agreed he understood the charge and the rule it was laid under.

Stipendiary Steward Mr Taumanu showed the head-on and side-on films of the incident.  He pointed out Mr Grayling who was travelling on the inside of LINDENNY’S SUNSHINE at approximately the 200m mark when he then moved outwards onto that horse causing it to break.  He pointed out that LINDENNY’S SUNSHINE was unable to take any evasive action because it had KRISTINE WINZ driven by Jay Abernathy on its outside. Mr Taumanu said that if Mr Grayling had waited a couple more strides a gap would have opened up in front of him and he would not have needed to move out as he did.  He also said that he was not sure if contact had been made with Mr Butcher’s horse or sulky.  Mr Taumanu said that whilst Mr Grayling was entitled to move out he had to do so in a manner that did not cause interference to the horses outside him especially if his own sulky wheels were under those of the horse immediately on his outside.

Mr Grayling said he was about a quarter of a length in front of Mr Butcher when he moved out so he was entitled to push out as he had.  He said he was surprised Mr Butcher did not move further out himself as he thought he had plenty of room to do so.  He said that it was the inaction of Mr Butcher in not moving out to avoid him that caused Mr Butcher’s horse to break. 

Mr Grayling said that as he had finished third, if Mr Butcher’s chances had been affected in the incident, why had the siren not been sounded immediately after the race.  Mr Taumanu said that due to technical difficulties there was no film available of that race immediately after it had finished. Stipendiary Steward Mr McIntyre said, however, that the trainer of LINDENNY’S SUNSHINE (Mr R Hughes) had told him that Mr Butcher had told him he thought his horse’s chances had been affected.

In conclusion Mr Grayling said he believed his outward movement was permissible under the rules but did concede that in moving outwards he had caused Mr Butcher’s horse to break.  When asked if, given he had admitted he had caused Mr Butcher’s horse to break and that he had misinterpreted the rules in relation to moving out, did he now want to admit the breach he said he did not.

Decision

The committee has carefully considered the incident as shown on the films and all the submissions put before it.  We believe Mr Grayling has misinterpreted the push out rule and by his own admittance he has moved out onto LINDENNY’S SUNSHINE at approximately the 200m mark and has caused that horse to break.  We agree that Mr Grayling’s actions are a breach of the careless driving rule and accordingly find the charge proven.

Penalty Submission

In relation to penalty Mr Taumanu said Mr Grayling has not been charged under this rule in the last 12 months.  He thought the incident was just below the mid range and that a fine in the region of $300 was an appropriate penalty.  Mr Grayling asked if he could have a suspension in place of a fine.  Mr Taumanu indicated he had no objections to a suspension and indicated the stewards believed a 3 day suspension would be appropriate.

Penalty Decision

In coming to a decision on penalty the Committee has considered the penalty submissions put before it and also the penalties that have been imposed for similar breaches of this rule in recent months.  We are prepared to impose a suspension in place of a fine.  Mr Grayling is suspended from the conclusion of racing on Monday 5 April 2010 until the conclusion of racing on Thursday 15 April 2010, that being 3 driving days – being Cambridge on 8 April, Auckland on 9 April and Manawatu on 15 April.

P Williams                                I Smith                                

Chair                                       Committee Member        

68515

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hearing_type: Old Hearing

Rules: 869(3) (b)

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race_title: R 3

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meetdate: 03/04/2010

meet_title: Hawera HRC - 3 April 2010

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name: Hawera HRC