Invercargill HRC 2 May 2021 – R 8 – Chair, Prof G Hall
ID: JCA16956
Meet Title:
Invercargill HRC - 2 May 2021
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2021/05/02
Race Number:
R 8
Decision:
Thus, we find the breach proved.
Penalty:
Mr McNally is suspended from driving from the end of today’s meeting 2 May up to and including 9 May 2021.
Facts:
Mr Renault alleged that Mr McNally (BETTER’S TART) drove carelessly near the 1100 metres when heavily restraining his runner resulting in trailing runners being checked.
Submissions for Decision:
Miss Haley identified Mr McNally’s horse on the side-on video. At the 1400 metres he was 3-wide and coming forward. He then shifted into a 2-wide position just before the 1100 metres. Behind Mr McNally was Mr Cox, who was followed in turn by Mr Thornley, Ms Ottley and Mr M Williamson.
Mr Renault commented that Mr McNally had eased his runner at this point and had hampered and checked the runners who were racing behind him 2-wide. He said this restraint was excessive. Mr McNally, he believed, was looking for cover and had not given the trailing drivers time to take hold of their runners. He demonstrated by showing on the back-straight video the extent to which the Respondent had restrained his horse.
Mr McNally said he had come round and had eased the pace in a general racing manner.
Mr McNally called Mr Cox to give evidence. Mr Cox stated his horse was racing keenly and he did not have to strangle his horse in order to take cover behind Mr McNally. He had not realised at the time that the horse following him had broken. When questioned by Mr Renault, he said he did not feel that Mr McNally had come back on to him. His horse was on the bit and he did not feel Mr McNally was stopping in his face. At the time, he did not think it was undue.
Mr McNally stated that he believed Mr Thornley’s horse was over-racing and it had not handled the easing of the pace. It was an inexperienced horse.
In summing up, Mr Renault stated that the Stewards believed the Respondent had heavily restrained his horse. The back straight video demonstrated this. He accepted that Mr Cox had said he had not been hampered. However, there had been a concertina effect in the field and 2 horses were checked and Mr M Williamson inconvenienced. He said Mr Thornley and Ms Ottley’s horses were racing keenly and were on the bit, but there had been no issues until Mr McNally eased the pace. He had done so that quickly that there was not enough time for these 2 drivers to take hold of their horses. He demonstrated that the head of Ms Ottley’s horse had come into contact with the helmet of Mr Thornley prior to Mr Thornley’s horse breaking. He acknowledged Mr Cox had been able to stay on the back of Mr McNally.
Mr McNally responded that Mr Cox was adamant that he did not feel the easing of the pace was abrupt. He said Mr Thornley’s horse was inexperienced and that the touching of a driver’s helmet by the head of a trailing horse was not that unusual in races.
Reasons for Decision:
We have had regard to the various video angles which demonstrate that very shortly after coming around 3-wide and taking up a 2-wide position Mr McNally has taken a strong hold of his horse. We estimate it would be a distance of some 50 metres from reaching the front of the 2-wide line when he has eased the pace. We have regard to Mr Cox’s evidence that he did not believe the easing was undue or that Mr McNally had come back into his face. However, Mr McNally’s actions have caused a ripple or concertina effect on those horses racing in the 2-wide line. Mr Cox would have been appraised of Mr McNally’s actions as he was racing immediately behind him. Mr Thornley’s horse, which has quite a high head carriage, comes into contact with Mr Cox’s sulky and breaks. The horse comes back on to Ms Ottley who has to check. Further back, Mr M Williamson is also inconvenienced briefly and loses ground. Prior to Mr Thornley’s horse breaking, the head of Ms Ottley’s horse had come into contact with Mr Thornley’s helmet. We observe the horses are 3-year-old fillies and are inexperienced, but this is a matter that Mr McNally should have factored into his decision-making.
We are satisfied that Mr McNally has eased the pace unduly and its impact and the concertina effect upon the 2-wide runners compounds as it goes back through the field. Mr Thornley’s horse breaks and Ms Ottley is checked as a result of the respondent’s actions. In so doing, Mr McNally has driven carelessly.
Submissions for Penalty:
Mr Renault produced the Respondent’s record which shows one breach under this Rule on 28 March last with a 2-day suspension being imposed. Mr McNally has had had 140 drives this season and 145 the last. Mr Renault stated the starting point in the Penalty Guide for a major race (this was a Group 2 race with a $40,000 stake) was a 3-day suspension. He submitted a 4-day suspension was appropriate having regard to the Respondent’s previous breach.
Mr McNally emphasised that prior to the March breach he had had a very good record. He did not believe he had been in breach for some 18 months prior to that date.
Reasons for Penalty:
Mr McNally has overdone the easing of the pace in an attempt to obtain cover from the horse that had followed him 3-wide around the field. While Mr Thornley’s horse broke and lost ground, it did return to its gait. Ms Ottley was checked and lost her position in the field. Mr M Williamson was also inconvenienced. We view Mr McNally’s record under this Rule as a neutral rather than an aggravating factor. There is no discount available for an admission of the breach, so a penalty at the starting point of 3 days in the Penalty Guide for a major race is appropriate.
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: b8438c8c65f544c538b9e3e1a56f6c71
informantnumber: A10678
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 05/05/2021
hearing_title: Invercargill HRC 2 May 2021 - R 8 - Chair, Prof G Hall
charge:
facts:
Mr Renault alleged that Mr McNally (BETTER’S TART) drove carelessly near the 1100 metres when heavily restraining his runner resulting in trailing runners being checked.
appealdecision:
isappeal:
submissionsfordecision:
Miss Haley identified Mr McNally’s horse on the side-on video. At the 1400 metres he was 3-wide and coming forward. He then shifted into a 2-wide position just before the 1100 metres. Behind Mr McNally was Mr Cox, who was followed in turn by Mr Thornley, Ms Ottley and Mr M Williamson.
Mr Renault commented that Mr McNally had eased his runner at this point and had hampered and checked the runners who were racing behind him 2-wide. He said this restraint was excessive. Mr McNally, he believed, was looking for cover and had not given the trailing drivers time to take hold of their runners. He demonstrated by showing on the back-straight video the extent to which the Respondent had restrained his horse.
Mr McNally said he had come round and had eased the pace in a general racing manner.
Mr McNally called Mr Cox to give evidence. Mr Cox stated his horse was racing keenly and he did not have to strangle his horse in order to take cover behind Mr McNally. He had not realised at the time that the horse following him had broken. When questioned by Mr Renault, he said he did not feel that Mr McNally had come back on to him. His horse was on the bit and he did not feel Mr McNally was stopping in his face. At the time, he did not think it was undue.
Mr McNally stated that he believed Mr Thornley’s horse was over-racing and it had not handled the easing of the pace. It was an inexperienced horse.
In summing up, Mr Renault stated that the Stewards believed the Respondent had heavily restrained his horse. The back straight video demonstrated this. He accepted that Mr Cox had said he had not been hampered. However, there had been a concertina effect in the field and 2 horses were checked and Mr M Williamson inconvenienced. He said Mr Thornley and Ms Ottley’s horses were racing keenly and were on the bit, but there had been no issues until Mr McNally eased the pace. He had done so that quickly that there was not enough time for these 2 drivers to take hold of their horses. He demonstrated that the head of Ms Ottley’s horse had come into contact with the helmet of Mr Thornley prior to Mr Thornley’s horse breaking. He acknowledged Mr Cox had been able to stay on the back of Mr McNally.
Mr McNally responded that Mr Cox was adamant that he did not feel the easing of the pace was abrupt. He said Mr Thornley’s horse was inexperienced and that the touching of a driver’s helmet by the head of a trailing horse was not that unusual in races.
reasonsfordecision:
We have had regard to the various video angles which demonstrate that very shortly after coming around 3-wide and taking up a 2-wide position Mr McNally has taken a strong hold of his horse. We estimate it would be a distance of some 50 metres from reaching the front of the 2-wide line when he has eased the pace. We have regard to Mr Cox’s evidence that he did not believe the easing was undue or that Mr McNally had come back into his face. However, Mr McNally’s actions have caused a ripple or concertina effect on those horses racing in the 2-wide line. Mr Cox would have been appraised of Mr McNally’s actions as he was racing immediately behind him. Mr Thornley’s horse, which has quite a high head carriage, comes into contact with Mr Cox’s sulky and breaks. The horse comes back on to Ms Ottley who has to check. Further back, Mr M Williamson is also inconvenienced briefly and loses ground. Prior to Mr Thornley’s horse breaking, the head of Ms Ottley’s horse had come into contact with Mr Thornley’s helmet. We observe the horses are 3-year-old fillies and are inexperienced, but this is a matter that Mr McNally should have factored into his decision-making.
We are satisfied that Mr McNally has eased the pace unduly and its impact and the concertina effect upon the 2-wide runners compounds as it goes back through the field. Mr Thornley’s horse breaks and Ms Ottley is checked as a result of the respondent’s actions. In so doing, Mr McNally has driven carelessly.
Decision:
Thus, we find the breach proved.
sumissionsforpenalty:
Mr Renault produced the Respondent’s record which shows one breach under this Rule on 28 March last with a 2-day suspension being imposed. Mr McNally has had had 140 drives this season and 145 the last. Mr Renault stated the starting point in the Penalty Guide for a major race (this was a Group 2 race with a $40,000 stake) was a 3-day suspension. He submitted a 4-day suspension was appropriate having regard to the Respondent’s previous breach.
Mr McNally emphasised that prior to the March breach he had had a very good record. He did not believe he had been in breach for some 18 months prior to that date.
reasonsforpenalty:
Mr McNally has overdone the easing of the pace in an attempt to obtain cover from the horse that had followed him 3-wide around the field. While Mr Thornley’s horse broke and lost ground, it did return to its gait. Ms Ottley was checked and lost her position in the field. Mr M Williamson was also inconvenienced. We view Mr McNally’s record under this Rule as a neutral rather than an aggravating factor. There is no discount available for an admission of the breach, so a penalty at the starting point of 3 days in the Penalty Guide for a major race is appropriate.
penalty:
Mr McNally is suspended from driving from the end of today’s meeting 2 May up to and including 9 May 2021.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr S McNally - Open Driver
Otherperson: Miss R Haley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: baabce71ebd738a334190a3ba0abf286
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race_title: R 8
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meetdate: 02/05/2021
meet_title: Invercargill HRC - 2 May 2021
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meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
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name: Invercargill HRC