HR Waikato 26 June 2014 – R 4
ID: JCA17752
Meet Title:
Harness Racing Waikato - 26 June 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/06/26
Race Number:
R4
Decision:
The Committee finds that Mr Lawson caused GOLDEN DELIGHT to go off stride due to his sharp movement outwards onto CARLOS which in turn struck GOLDEN DELIGHT'S legs. We therefore find that Mr Lawson failed to exercise the required standard of care in the circumstances. The Rule states that 'no horseman shall during any race do anything which interferes with or is likely to interfere with...any horse or its progress"
The Committee finds the essential elements of the Information have been established and the charge is proved.
Penalty:
Accordingly the Committee imposes a fine of $375.
Facts:
Following the running of Race 4, the DUNSTAN FEEDS HANDICAP PACE an Information was laid pursuant to Rule 869(4) by Stipendiary Steward Mr S Mulcay alleging that Horseman Mr S Lawson allowed COPY MY PAST to shift out abruptly near the 100 metres which resulted in CARLOS, driven by Mr D Fergusson being forced out onto GOLDEN DELIGHT, driven by Mr P Butcher, with that gelding galloping as a result.
Rule 869(4) states: " No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress."
Mr Lawson acknowledged that he understood the nature of the charge and the Rule and confirmed to the Committee that he denied the charge. He added that he would be calling Mr P Butcher, driver of GOLDEN DELIGHT, as a witness.
Submissions for Decision:
Mr Muirhead demonstrated the incident using the available video films. He identified the three horses involved in this incident on the head on film. COPY MY PAST, driven by Mr Lawson was in a position 3 deep on the rail as the field approached the 100 metre mark in the race. Mr Muirhead stated that COPY MY PAST then shifted ground abruptly outwards into a one-off position as Mr Lawson pulled the ear-plugs. The outwards shift by COPY MY PAST resulted in CARLOS, driven by Mr D Fergusson, which had been on its outside, reacting by veering out towards GOLDEN DELIGHT (P Butcher) which caused that horse to go off-stride. Mr Muirhead acknowledged that it appeared Mr Butcher may have been having some difficulty steering his horse as it was making a run outside CARLOS, but added that he did not believe GOLDEN DELIGHT was running in as a result. While acknowledging that Mr Lawson had the advantage over the other two horses, Mr Muirhead stated that he was still required to make any outwards movement with safety. He said that in this case the horse 'just shot out'.
Mr Lawson told the Committe that he had not moved off the rail until the horses in front of him had moved inwards and that he had initially maintained his own line. He added that when he had in fact shifted outwards he had the advantage and was entitled to do so. Mr Lawson added that Mr Butcher's horse was hanging inwards and that he felt that it was a 'petty' incident caused by Mr Butcher's horse running around. He said that in his opinion his driving was appropriate in the circumstances.
Under cross-examination Mr Mulcay told Mr Lawson that the onus was on him to shift outwards without causing interference. He said that other drivers were not obliged to 'get out of your way' to make room for him. He added that in the Stewards' opinion Mr Lawson had clearly caused the incident by shifting out too abruptly.
When called as a witness by Mr Lawson Mr Butcher told the hearing that his horse had been hard to drive as it was running inwards. He said that the horse began to run around as it came around the home bend and was reluctant to run straight. Mr Butcher stated that while Mr Lawson had moved outwards, in his opinion he had right of way and that he would have moved out if his horse had not been difficult to drive. In response to a question from Mr Mulcay, Mr Butcher acknowledged that there had twice been contact made between his horse and CARLOS which was on his inside. Once was prior to the incident, and again when there was outwards movement by Mr Lawson which caused his horse to go off stride.
Mr Butcher confirmed to the Committee that his horse had gone off stride when CARLOS' sulky wheel had made contact with its legs.
In summary Mr Mulcay told the Committee that according to the Rules all drivers were required to make moves during a race 'with safety'. He said that it was the Stewards' position that the outwards movement by Mr Lawson was abrupt and not made safely, and that as a result there were two horses affected which eventually caused GOLDEN DELIGHT to break.
Mr Lawson in summing up stated that he believed the outwards movement he made was done safely and that he had 'pushed out' legally. He said that he would not have been facing a charge if Mr Butcher's horse had not been hanging.
Reasons for Decision:
The Committee carefully considered the evidence and submissions made by the parties. We reviewed the films several times. The Committee determined that prior to the incident at the 100 metres mark the films did not show that GOLDEN DELIGHT was hanging. We observed that Mr Butcher took hold of the horse prior to the incident and GOLDEN DELIGHT was running in a straight line. From the video evidence, it is apparent that CARLOS' sulky wheel struck GOLDEN DELIGHT'S legs which caused it to gallop. It was also clear that COPY MY PAST had taken CARLOS' line when it came outwards sharply at the 100 metre mark which forced CARLOS wider and it made contact with GOLDEN DELIGHT'S legs causing it to go off stride. It is incumbent on drivers to make any moves during a race with safety and with due regard to other drivers and horses.
Submissions for Penalty:
Mr Mulcay submitted that the starting point for a charge of this nature was a fine of $400 or a suspension of 8 drives. He added that Mr Lawson was a relatively busy driver, however his record to date in respect of breaching this Rule showed that he had been before the JCA a number times within the past 12 months. Mr Lawson had in fact been fined 4 times in that period, the last occasion being 11 April 2014 when he was fined $300. Mr Mulcay added that the Stewards assessed the degree of interference in this matter as being at the lower end of the scale as the outcome of the race had not been affected in that there was no protest involved. Mr Mulcay stated that accordingly the Stewards submitted a fine of between $400-$500 or a period of suspension would be an appropriate penalty.
Mr Lawson acknowledged that his record was 'not flash' however he agreed that this incident fell towards the lower end of the scale. He added that a fine as suggested by the Stewards would be the largest fine ever imposed on him.
Reasons for Penalty:
The JCA Penalty Guide starting point for a breach of this Rule is a suspension of 8 drives or $400.
Mitigating factors in Mr Lawson's favour are that there was only one horse affected and that there was no protest initiated as a result. The Committee accepts that this breach was at the lower end of the scale.
Balancing that, even allowing the number of times he drives in races Mr Lawson's record of breaches of this Rule is poor, this being the 5th breach within the last 12 months. His previous fines have ranged between $200-$350.
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: e9c2e3dd319465a308adeb8b9663d6bd
informantnumber: A3704
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interfering with horses progress
plea: denied
penaltyrequired: 1
decisiondate: 17/06/2014
hearing_title: HR Waikato 26 June 2014 - R 4
charge:
facts:
Following the running of Race 4, the DUNSTAN FEEDS HANDICAP PACE an Information was laid pursuant to Rule 869(4) by Stipendiary Steward Mr S Mulcay alleging that Horseman Mr S Lawson allowed COPY MY PAST to shift out abruptly near the 100 metres which resulted in CARLOS, driven by Mr D Fergusson being forced out onto GOLDEN DELIGHT, driven by Mr P Butcher, with that gelding galloping as a result.
Rule 869(4) states: " No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress."
Mr Lawson acknowledged that he understood the nature of the charge and the Rule and confirmed to the Committee that he denied the charge. He added that he would be calling Mr P Butcher, driver of GOLDEN DELIGHT, as a witness.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident using the available video films. He identified the three horses involved in this incident on the head on film. COPY MY PAST, driven by Mr Lawson was in a position 3 deep on the rail as the field approached the 100 metre mark in the race. Mr Muirhead stated that COPY MY PAST then shifted ground abruptly outwards into a one-off position as Mr Lawson pulled the ear-plugs. The outwards shift by COPY MY PAST resulted in CARLOS, driven by Mr D Fergusson, which had been on its outside, reacting by veering out towards GOLDEN DELIGHT (P Butcher) which caused that horse to go off-stride. Mr Muirhead acknowledged that it appeared Mr Butcher may have been having some difficulty steering his horse as it was making a run outside CARLOS, but added that he did not believe GOLDEN DELIGHT was running in as a result. While acknowledging that Mr Lawson had the advantage over the other two horses, Mr Muirhead stated that he was still required to make any outwards movement with safety. He said that in this case the horse 'just shot out'.
Mr Lawson told the Committe that he had not moved off the rail until the horses in front of him had moved inwards and that he had initially maintained his own line. He added that when he had in fact shifted outwards he had the advantage and was entitled to do so. Mr Lawson added that Mr Butcher's horse was hanging inwards and that he felt that it was a 'petty' incident caused by Mr Butcher's horse running around. He said that in his opinion his driving was appropriate in the circumstances.
Under cross-examination Mr Mulcay told Mr Lawson that the onus was on him to shift outwards without causing interference. He said that other drivers were not obliged to 'get out of your way' to make room for him. He added that in the Stewards' opinion Mr Lawson had clearly caused the incident by shifting out too abruptly.
When called as a witness by Mr Lawson Mr Butcher told the hearing that his horse had been hard to drive as it was running inwards. He said that the horse began to run around as it came around the home bend and was reluctant to run straight. Mr Butcher stated that while Mr Lawson had moved outwards, in his opinion he had right of way and that he would have moved out if his horse had not been difficult to drive. In response to a question from Mr Mulcay, Mr Butcher acknowledged that there had twice been contact made between his horse and CARLOS which was on his inside. Once was prior to the incident, and again when there was outwards movement by Mr Lawson which caused his horse to go off stride.
Mr Butcher confirmed to the Committee that his horse had gone off stride when CARLOS' sulky wheel had made contact with its legs.
In summary Mr Mulcay told the Committee that according to the Rules all drivers were required to make moves during a race 'with safety'. He said that it was the Stewards' position that the outwards movement by Mr Lawson was abrupt and not made safely, and that as a result there were two horses affected which eventually caused GOLDEN DELIGHT to break.
Mr Lawson in summing up stated that he believed the outwards movement he made was done safely and that he had 'pushed out' legally. He said that he would not have been facing a charge if Mr Butcher's horse had not been hanging.
reasonsfordecision:
The Committee carefully considered the evidence and submissions made by the parties. We reviewed the films several times. The Committee determined that prior to the incident at the 100 metres mark the films did not show that GOLDEN DELIGHT was hanging. We observed that Mr Butcher took hold of the horse prior to the incident and GOLDEN DELIGHT was running in a straight line. From the video evidence, it is apparent that CARLOS' sulky wheel struck GOLDEN DELIGHT'S legs which caused it to gallop. It was also clear that COPY MY PAST had taken CARLOS' line when it came outwards sharply at the 100 metre mark which forced CARLOS wider and it made contact with GOLDEN DELIGHT'S legs causing it to go off stride. It is incumbent on drivers to make any moves during a race with safety and with due regard to other drivers and horses.
Decision:
The Committee finds that Mr Lawson caused GOLDEN DELIGHT to go off stride due to his sharp movement outwards onto CARLOS which in turn struck GOLDEN DELIGHT'S legs. We therefore find that Mr Lawson failed to exercise the required standard of care in the circumstances. The Rule states that 'no horseman shall during any race do anything which interferes with or is likely to interfere with...any horse or its progress"
The Committee finds the essential elements of the Information have been established and the charge is proved.
sumissionsforpenalty:
Mr Mulcay submitted that the starting point for a charge of this nature was a fine of $400 or a suspension of 8 drives. He added that Mr Lawson was a relatively busy driver, however his record to date in respect of breaching this Rule showed that he had been before the JCA a number times within the past 12 months. Mr Lawson had in fact been fined 4 times in that period, the last occasion being 11 April 2014 when he was fined $300. Mr Mulcay added that the Stewards assessed the degree of interference in this matter as being at the lower end of the scale as the outcome of the race had not been affected in that there was no protest involved. Mr Mulcay stated that accordingly the Stewards submitted a fine of between $400-$500 or a period of suspension would be an appropriate penalty.
Mr Lawson acknowledged that his record was 'not flash' however he agreed that this incident fell towards the lower end of the scale. He added that a fine as suggested by the Stewards would be the largest fine ever imposed on him.
reasonsforpenalty:
The JCA Penalty Guide starting point for a breach of this Rule is a suspension of 8 drives or $400.
Mitigating factors in Mr Lawson's favour are that there was only one horse affected and that there was no protest initiated as a result. The Committee accepts that this breach was at the lower end of the scale.
Balancing that, even allowing the number of times he drives in races Mr Lawson's record of breaches of this Rule is poor, this being the 5th breach within the last 12 months. His previous fines have ranged between $200-$350.
penalty:
Accordingly the Committee imposes a fine of $375.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr S Lawson - Open Horseman driver of COPY MY PAST
Otherperson: Mr P Butcher - Open Horseman witness for the Defendant, Mr J Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 924132a0e8298440ff4e5e04b3fe36f7
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race_emailed1: 0
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race_title: R4
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meetdate: 26/06/2014
meet_title: Harness Racing Waikato - 26 June 2014
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tracklocation: harness-racing-waikato
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meet_chair: AGodsalve
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name: Harness Racing Waikato