Invercargill HRC – 16 December 2008 – Race 6
ID: JCA22356
Hearing Type (Code):
harness-racing
Meet Title:
Invercargill HRC - 16 December 2008
Race Date:
2008/12/16
Race Number:
Race 6
Decision:
At the conclusion of race 6, the Mitavite Mobile Pace, an information was lodged by Stipendiary Steward Mr P T Knowles under Rule 869 (3) (b) alleging that Junior Horseman T M Williams, driving ARDENS ATTACK, shifted outwards when not sufficient clear of EDDIE MAGUIRE, driven by M Kerr, causing EDDIE MAGUIRE to break.
At the conclusion of race 6, the Mitavite Mobile Pace, an information was lodged by Stipendiary Steward Mr P T Knowles under Rule 869 (3) (b) alleging that Junior Horseman T M Williams, driving ARDENS ATTACK, shifted outwards when not sufficient clear of EDDIE MAGUIRE, driven by M Kerr, causing EDDIE MAGUIRE to break.
--Mr Williams did not admit the breach and was supported throughout the hearing by Trainer Mr D McLachlan.
--Stipendiary Steward Mr Allison used several video clips of the alleged incident, highlighting the outwards movement of ARDENS ATTACK. Mr Allison stated that Mr Williams was not sufficiently clear of EDDIE MAGUIRE, coming in contact with that horse causing it to break.
--Mr Kerr stated that his horse was not going “well enough” at the time of the incident. When questioned directly if his horse had contributed to the incident Mr Kerr stated no. Mr Kerr confirmed that the outward movement had come from ARDENS ATTACK and the contact had made his horse break.
--Mr Williams stated that Mr Kerr had been chasing his horse, EDDIE MAGUIRE, with his reins, and that EDDIE MAGUIRE was racing with its head on an angle, contributing to the incident.
--Mr McLachlan confirmed Mr Williams’ statement, also stating that he believed there was sufficient room for Mr Williams to move out.
--DECISION
After having viewed the video evidence and considering the compelling verbal evidence of Mr Kerr, a breach of the Rule has been upheld. Clearly, in my opinion, Mr Williams has moved his horse, ARDENS ATTACK, outwards when he was not sufficiently clear. I do not accept that Mr Kerr’s horse has in any way contributed to the incident. The fact that EDDIE MAGUIRE was well tried is also of no relevance to the charge. In my opinion Mr Williams has made an error of judgement.
In fixing penalty consideration was given to the fact that Mr Williams has been fined twice over the past twelve months under the same Rule. Mr Williams was fined the sum of $400.00 and reminded of his professional obligations. Any further breach under this Rule within the allocated time will likely result in a substantial suspension.
----
N Skelt
ChairmanJCA 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: bad6878fbe3b1d8820313a33e900b450
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/12/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Invercargill HRC - 16 December 2008 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
At the conclusion of race 6, the Mitavite Mobile Pace, an information was lodged by Stipendiary Steward Mr P T Knowles under Rule 869 (3) (b) alleging that Junior Horseman T M Williams, driving ARDENS ATTACK, shifted outwards when not sufficient clear of EDDIE MAGUIRE, driven by M Kerr, causing EDDIE MAGUIRE to break.
At the conclusion of race 6, the Mitavite Mobile Pace, an information was lodged by Stipendiary Steward Mr P T Knowles under Rule 869 (3) (b) alleging that Junior Horseman T M Williams, driving ARDENS ATTACK, shifted outwards when not sufficient clear of EDDIE MAGUIRE, driven by M Kerr, causing EDDIE MAGUIRE to break.
--Mr Williams did not admit the breach and was supported throughout the hearing by Trainer Mr D McLachlan.
--Stipendiary Steward Mr Allison used several video clips of the alleged incident, highlighting the outwards movement of ARDENS ATTACK. Mr Allison stated that Mr Williams was not sufficiently clear of EDDIE MAGUIRE, coming in contact with that horse causing it to break.
--Mr Kerr stated that his horse was not going “well enough” at the time of the incident. When questioned directly if his horse had contributed to the incident Mr Kerr stated no. Mr Kerr confirmed that the outward movement had come from ARDENS ATTACK and the contact had made his horse break.
--Mr Williams stated that Mr Kerr had been chasing his horse, EDDIE MAGUIRE, with his reins, and that EDDIE MAGUIRE was racing with its head on an angle, contributing to the incident.
--Mr McLachlan confirmed Mr Williams’ statement, also stating that he believed there was sufficient room for Mr Williams to move out.
--DECISION
After having viewed the video evidence and considering the compelling verbal evidence of Mr Kerr, a breach of the Rule has been upheld. Clearly, in my opinion, Mr Williams has moved his horse, ARDENS ATTACK, outwards when he was not sufficiently clear. I do not accept that Mr Kerr’s horse has in any way contributed to the incident. The fact that EDDIE MAGUIRE was well tried is also of no relevance to the charge. In my opinion Mr Williams has made an error of judgement.
In fixing penalty consideration was given to the fact that Mr Williams has been fined twice over the past twelve months under the same Rule. Mr Williams was fined the sum of $400.00 and reminded of his professional obligations. Any further breach under this Rule within the allocated time will likely result in a substantial suspension.
----
N Skelt
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 09cd4c3f05da6b27d473491543cf001f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ecea8c86413764e904290fdda790db91
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2008
meet_title: Invercargill HRC - 16 December 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Invercargill HRC