Kaikoura TC 29 October 2018 – R 7 – Chair, Mr S Ching
ID: JCA11852
Meet Title:
Kaikoura TC - 29 October 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/10/29
Race Number:
R7
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Miss Ottley is suspended from the conclusion of racing 4 November up to and including 11 November 2018, being the meetings at Forbury on 8 November, Rangiora on 9 November and Wyndham on 11 November.
Facts:
Following the running of Race 7, the Majestic Son South Bay Trotters Cup Handicap Trot,-an information was filed by Chief Stipendiary Steward Mr N Ydgren, against Open Horsewoman Miss S Ottley, alleging a breach of Rule 869(3) (b) in that she drove carelessly when shifting ground inwards near the 2200m checking ALDERBECK, driven by Mr B Williamson.
Miss Ottley had endorsed on the Information that this breach of the Rules was not admitted. Miss Ottley also confirmed to the hearing that she understood the rule she was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that MAJESTIC MOMENT driven by Miss Ottley, had drawn 5 on the front line with ALDERBECK, driven by Mr B Williamson, drawn 4, also on the front line. Mr Ydgen said that approaching the 2200m, Miss Ottley was shifting across towards the pylons and on the back of the leader, THE ALMIGHTY JOHNSON, driven by Mr A Herlihy, with Mr Williamson still positioned on her inside, ALDERBECK’s head being at Miss Ottley’s wheel. Mr Ydgren stated that Mr Williamson was established inside Miss Ottley and was rightfully there when Miss Ottley continued on shifting inwards and as a result ALDERBECK ran out of room, striking a pylon and eventually breaking after making contact with Miss Ottley’s sulky.
Mr Williamson gave evidence that he was trotting forward on the inside of Miss Ottley looking to position himself on the back of Mr Herlihy, who was crossing over to take the lead position. He said that as the bend went on there was more and more tightening, eventually his horse's leg coming into contact with Miss Ottley’s sulky. He said his horse's outside right leg struck Miss Ottley's sulky and as a result his horse broke. Mr Williamson stated that his horse was trotting very well and was not giving him any difficulty at the time. He said he was established to the inside of Miss Ottley’s sulky wheel throughout this whole movement. Mr Williamson stated that in his opinion, Miss Ottley was never clear of him throughout the movement.
Miss Ottley stated that she believed Mr Williamson should not have been chasing up with a trotter on the first turn, knowing the track, to try and hold his position inside her, when an experienced horseman would have eased and got around the corner safely. Mr Ydgren agreed with Miss Ottley, that Mr Williamson could have handled this in a far more prudent manner. He said that Mr Williamson will tell the Committee that he was clearly established on the inside of Miss Ottley and was entitled to be there. Mr Ydgren stated that he had told Mr Williamson that he was driving in a group race and despite where he believed he should be, where he believed he was entitled to be, would it not have been in his best interest to restrain out of the run and ensure he got round in the race in one piece, instead of maintaining his attempt to hold the run to the inside of Miss Ottley, when it was clearly gone. Miss Ottley said that there was a lot of yelling prior to the incident and that Mr Williamson was trying to bluff her out of the position. She stated that she believed that she was entitled to be there and there was enough room for her to shift inwards. Miss Ottley stated that Mr Williamson has kept pushing to get into a gap that was not there for him. She said she was already established on the pylons and on the back of Mr Herlihy when Mr Williamson kept pushing through on her inside when there was no room to improve. She said the lead was Mr Herlihy who was just off the pylons which means that the ground on the inside of them was not accessible, as all drivers know. Miss Ottley said she believed that she was already there and was established on the back of Mr Herlihy, and therefore there was never a run available for Mr Williamson to utilise. She said she believed Mr Williamson was pushing into a gap that was not really there and in doing so has made contact with her sulky which caused the incident.
Reasons for Decision:
The Committee carefully considered the evidence and films presented. We were satisfied that approaching the 2200m, Miss Ottley was racing off the pylons and on the back of Mr Herlihy as he was shifting across to assume the lead. We were also satisfied that Mr Williamson was racing on the inside of Miss Ottley and was clearly established, inside Miss Ottley prior to the incident. We found that Miss Ottley continued shifting in, eventually forcing Mr Williamson down, causing him to strike a pylon and then strike the leg of Miss Ottley’s sulky. This Committee finds that Mr Williamson was always established inside Miss Ottley and that she had a duty of care to ensure she was clear of Mr Williamson before shifting ground as she did. We, however, agree with Mr Ydgren and believe that Mr Williamson has contributed to the situation by continuing on in his position inside Miss Ottley, when in tight quarters, where most prudent drivers would have eased and taken up the trail, to navigate the turn safely. This does not release Miss Ottley from her responsibility as a driver but is a factor to be considered in mitigation. We therefore found that Miss Ottley drove carelessly on this occasion and find the charge proved.
Submissions for Penalty:
Mr Ydgren stated that Miss Ottley was a busy driver with 638 drives last season and 133 drives so far this season. He said Miss Ottley’s record showed a fine of $200 for striking a wheel at Addington on 3 August and a 2-day suspension at Addington on 5 October. Mr Ydgren stated that the JCA Penalty Guide provided a 3-day suspension starting point for a 2nd or subsequent breach of this rule within a 6-month period. He submitted that taking all factors into account, being Miss Ottley's record, the mitigating factor of Mr Williamson’s contribution, and the consequences to Mr Williamson’s horse, that a 3-day suspension be considered as penalty in this case.
Miss Ottley stated that 3 days was a huge loss for a driver like herself who drives at every meeting. She also stated that Mr Williamson contributed to this incident and any prudent driver would have relieved the situation by easing out and not continuing to chase his drive up.
Miss Ottley requested a deferment of penalty until after racing on 4 November being the Invercargill meeting.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension for a 2nd or subsequent breach of this rule within a 6-month period. Miss Ottley’s record, we determined, warranted an uplift in penalty which we set a 1 day. We also determined that Mr Williamson’s contribution to this incident was a mitigating factor and warranted a discount in this situation. This discount we set a 1 day. We therefore determined that a 3-day suspension is an appropriate penalty. Miss Ottley’s request for a deferment until after racing on 4 November is granted.
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: 27f55523601c7858ea7f8e2831bf70e4
informantnumber: A12410
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 31/10/2018
hearing_title: Kaikoura TC 29 October 2018 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Majestic Son South Bay Trotters Cup Handicap Trot,-an information was filed by Chief Stipendiary Steward Mr N Ydgren, against Open Horsewoman Miss S Ottley, alleging a breach of Rule 869(3) (b) in that she drove carelessly when shifting ground inwards near the 2200m checking ALDERBECK, driven by Mr B Williamson.
Miss Ottley had endorsed on the Information that this breach of the Rules was not admitted. Miss Ottley also confirmed to the hearing that she understood the rule she was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that MAJESTIC MOMENT driven by Miss Ottley, had drawn 5 on the front line with ALDERBECK, driven by Mr B Williamson, drawn 4, also on the front line. Mr Ydgen said that approaching the 2200m, Miss Ottley was shifting across towards the pylons and on the back of the leader, THE ALMIGHTY JOHNSON, driven by Mr A Herlihy, with Mr Williamson still positioned on her inside, ALDERBECK’s head being at Miss Ottley’s wheel. Mr Ydgren stated that Mr Williamson was established inside Miss Ottley and was rightfully there when Miss Ottley continued on shifting inwards and as a result ALDERBECK ran out of room, striking a pylon and eventually breaking after making contact with Miss Ottley’s sulky.
Mr Williamson gave evidence that he was trotting forward on the inside of Miss Ottley looking to position himself on the back of Mr Herlihy, who was crossing over to take the lead position. He said that as the bend went on there was more and more tightening, eventually his horse's leg coming into contact with Miss Ottley’s sulky. He said his horse's outside right leg struck Miss Ottley's sulky and as a result his horse broke. Mr Williamson stated that his horse was trotting very well and was not giving him any difficulty at the time. He said he was established to the inside of Miss Ottley’s sulky wheel throughout this whole movement. Mr Williamson stated that in his opinion, Miss Ottley was never clear of him throughout the movement.
Miss Ottley stated that she believed Mr Williamson should not have been chasing up with a trotter on the first turn, knowing the track, to try and hold his position inside her, when an experienced horseman would have eased and got around the corner safely. Mr Ydgren agreed with Miss Ottley, that Mr Williamson could have handled this in a far more prudent manner. He said that Mr Williamson will tell the Committee that he was clearly established on the inside of Miss Ottley and was entitled to be there. Mr Ydgren stated that he had told Mr Williamson that he was driving in a group race and despite where he believed he should be, where he believed he was entitled to be, would it not have been in his best interest to restrain out of the run and ensure he got round in the race in one piece, instead of maintaining his attempt to hold the run to the inside of Miss Ottley, when it was clearly gone. Miss Ottley said that there was a lot of yelling prior to the incident and that Mr Williamson was trying to bluff her out of the position. She stated that she believed that she was entitled to be there and there was enough room for her to shift inwards. Miss Ottley stated that Mr Williamson has kept pushing to get into a gap that was not there for him. She said she was already established on the pylons and on the back of Mr Herlihy when Mr Williamson kept pushing through on her inside when there was no room to improve. She said the lead was Mr Herlihy who was just off the pylons which means that the ground on the inside of them was not accessible, as all drivers know. Miss Ottley said she believed that she was already there and was established on the back of Mr Herlihy, and therefore there was never a run available for Mr Williamson to utilise. She said she believed Mr Williamson was pushing into a gap that was not really there and in doing so has made contact with her sulky which caused the incident.
reasonsfordecision:
The Committee carefully considered the evidence and films presented. We were satisfied that approaching the 2200m, Miss Ottley was racing off the pylons and on the back of Mr Herlihy as he was shifting across to assume the lead. We were also satisfied that Mr Williamson was racing on the inside of Miss Ottley and was clearly established, inside Miss Ottley prior to the incident. We found that Miss Ottley continued shifting in, eventually forcing Mr Williamson down, causing him to strike a pylon and then strike the leg of Miss Ottley’s sulky. This Committee finds that Mr Williamson was always established inside Miss Ottley and that she had a duty of care to ensure she was clear of Mr Williamson before shifting ground as she did. We, however, agree with Mr Ydgren and believe that Mr Williamson has contributed to the situation by continuing on in his position inside Miss Ottley, when in tight quarters, where most prudent drivers would have eased and taken up the trail, to navigate the turn safely. This does not release Miss Ottley from her responsibility as a driver but is a factor to be considered in mitigation. We therefore found that Miss Ottley drove carelessly on this occasion and find the charge proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren stated that Miss Ottley was a busy driver with 638 drives last season and 133 drives so far this season. He said Miss Ottley’s record showed a fine of $200 for striking a wheel at Addington on 3 August and a 2-day suspension at Addington on 5 October. Mr Ydgren stated that the JCA Penalty Guide provided a 3-day suspension starting point for a 2nd or subsequent breach of this rule within a 6-month period. He submitted that taking all factors into account, being Miss Ottley's record, the mitigating factor of Mr Williamson’s contribution, and the consequences to Mr Williamson’s horse, that a 3-day suspension be considered as penalty in this case.
Miss Ottley stated that 3 days was a huge loss for a driver like herself who drives at every meeting. She also stated that Mr Williamson contributed to this incident and any prudent driver would have relieved the situation by easing out and not continuing to chase his drive up.
Miss Ottley requested a deferment of penalty until after racing on 4 November being the Invercargill meeting.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension for a 2nd or subsequent breach of this rule within a 6-month period. Miss Ottley’s record, we determined, warranted an uplift in penalty which we set a 1 day. We also determined that Mr Williamson’s contribution to this incident was a mitigating factor and warranted a discount in this situation. This discount we set a 1 day. We therefore determined that a 3-day suspension is an appropriate penalty. Miss Ottley’s request for a deferment until after racing on 4 November is granted.
penalty:
Accordingly, Miss Ottley is suspended from the conclusion of racing 4 November up to and including 11 November 2018, being the meetings at Forbury on 8 November, Rangiora on 9 November and Wyndham on 11 November.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N Ydgren-Chief Stipendiary Steward
JockeysandTrainer: S Ottley-Open Horsewoman
Otherperson: B Williamson Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: df9c5463f86fc74b4c4c3234e31cb8ae
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ae04cb112b6441ebed3edd0a819b0ef2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2018
meet_title: Kaikoura TC - 29 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Kaikoura TC