hearingid: e9e1b4b68d7a31684cd34e257e068f05

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 07/12/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Invercargill HRC - 7 December 2007 - Race 2

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Under Rule 869 (3) (a), Stipendiary Steward Mr P T Knowles alleged that Mr J W Cox Jnr, driver of FRANCO AMBASSADOR, drove incompetently in that he failed to avoid THE FALLEN SPANGHERO, driven by A D Milne, causing his own horse to fall and seriously disrupting the race.

Mr Cox pleaded Not Guilty and wished to be present.

Mr Knowles used video evidence – both side-on and frontal shots – to illustrate his points.  He stated that Mr Cox Jnr, driver of No. 13, FRANCO AMBASSADOR had trouble keeping up with the mobile gate and was pacing somewhat roughly some 5 lengths behind the second line.  Using the video Mr Knowles pointed out where SPANGHERO, No. 3, driven by Mr A D Milne fell – he maintained that Mr Cox Jnr should have avoided, or made more attempt to avoid the fallen horse.  He conceded that Mr Cox’s horse was pacing roughly and also stated that as a result of the incident the race was seriously disrupted.

The Chairman invited Mr A D Milne, driver of SPANGHERO, to recount the incident.  Mr Milne had little to add other than say that immediately following the fall – he had held on to the reins and hoped that he was going to be avoided by the following horse.

Mr Cox then gave his evidence.  He stated that his horse FRANCO AMBASSADOR did initially pace roughly, causing it to be approximately 4 – 5 lengths behind the 2^nd line.  He stated that he noticed that Mr Armour, driver of horse No. 12 VEEJAYS FELLA, veered abruptly to his right, the action held his attention momentarily as it was obvious that Mr Armour was avoiding some obstacle.  He stated that he then looked ahead, saw the fallen horse / driver and attempted to avoid hitting them.

(Meeting adjourned 7:05 pm)

In reconvening the meeting, Mr Cox Jnr had nothing further to add.

Mr Knowles, in his summary, noted again that Mr Cox’s horse was giving trouble, and that Mr Cox could have been unsighted.  He also said that this was a ‘timing’ issue – and unfortunate.

DECISION

My decision was to dismiss the charge.

Reasons :

1.                  This is clearly an issue of ‘timing’ and interpretation.

2.                  The incidents preceding the incident clearly, in the view of the Chair, contributed to Mr Cox Jnr being unsighted at the crucial time.

3.         It was apparent that, immediately prior to the incident, the actions of Mr Armour, driver of VEEJAYS FELLA, taking evasive steps to avoid hitting SPANGHELO and/or driver Mr A D Milne, took Mr Cox’s attention.

4.         When, then looking ahead, Mr Cox Jnr saw the fallen horse/driver directly ahead, he took immediate action – to no avail.

5.         The Chair accepts that Mr Cox’s explanation was a reasonable one – one supported by the video film.

A Dennis

Chairman

sumissionsforpenalty:

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hearing_type: Old Hearing

Rules: 869.3.a

Informant:

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StipendSteward:

raceid: 821a87cbd64314cb79a3bac70895f407

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 2

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meetid: 6804dec4a8b5f5f371c0a53915c03f9d

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 07/12/2007

meet_title: Invercargill HRC - 7 December 2007

meet_expappcomment:

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tracklocation: invercargill-hrc

meet_racingtype: harness-racing

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meet_pm2:

name: Invercargill HRC