Kapiti Coast HRC 21 January 2011 – R 3
ID: JCA11683
Meet Title:
Kapiti Coast HRC - 21 January 2011
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/01/21
Race Number:
R3
Decision:
Charge:
Following the running of race 3, information 69410 was filed by Stipendiary Steward Mr T Taumanu under rule 869 (4). The information stated that “P B Fleming drove “Broadway” during the run home without total control of his horse by flapping his reins at the horse non-stop with his whip tucked under his arm”.
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 Fleming indicated the breach of the rule was not admitted.
Facts:
Mr Taumanu used the side-on view of the film to identify Mr Fleming and to show what had occurred. He said that Mr Fleming had gone to the lead at approximately the 1200m mark and was still leading the field into the home straight. He said that as Mr Fleming was coming down the home straight in his view he had no control over the horse because he was continually flapping the reins across the rump of the horse whilst at the same time not using his whip which was tucked under his right arm. He said he did not expect the whip to be used in an excessive or unnecessary manner but did expect it to be used to urge the horse along. He said the reins could be used to get the best out of a horse but not in the manner used by Mr Fleming. He said in his view Mr Fleming’s actions were those of an amateur driver and not a professional horseman and he considered he had no control over the horse and there could have been consequences if the horse had decided to duck in. Mr Taumanu said there were no issues with the fact the horse had been run down close to the post by a driver who was using the whip on his horse in the closing stages of the race – it was simply that in his view the actions of Mr Fleming meant he did not have control over his horse at any time in the run down the straight.
Mr Fleming said that he believed he had full control of the horse all the way down the home straight. He said as the trainer of the horse he drove him regularly, knew how to get the best out of him and had won on him at his last start at Tauherenikau on 2 January 2010 using the same driving style. He said today he never deviated in the run down the straight nor did he cause any interference and could not understand why he had been charged. It was pointed out to Mr Fleming by the Committee that the rule does include the words “likely to interfere”. Mr Fleming also said that at Wanganui on 19 December 2010, when the horse had finished 3rd, he had been charged with excessive use of the whip and fined $250.
To a question from the Committee Mr Fleming said the horse did respond to the whip but responded better to the reins. Mr Taumanu asked Mr Fleming why then did he carry a whip and Mr Fleming said in case he became really lazy during the race. To a further question from the Committee Mr Fleming said that when another person drove the horse in a race the instructions were to drive the horse aggressively but not necessarily using the whip. He reiterated that he believed he won his previous start because he was flicking the reins rather than using the whip and those actions had not been questioned by the stipendiary steward on the day.
Both Mr Taumanu and Mr Fleming confirmed they had completed their evidence but before adjourning the hearing (because the next race was due to start) they were advised that the Committee wanted to look at the head-on film. Mr Fleming was advised that the Stipendiary Stewards would be asked to set the film up for viewing after the next race but would not be present whilst the Committee looked at that film and that is what happened.
Submissions for Decision:
Reasons for Decision:
The Committee has reviewed the films and listened to the evidence presented. Whilst Mr Fleming’s drive did not look as professional as some would expect the head-on film shows that his horse’s head was turned slightly inwards during the run down the home straight which indicates to the Committee there was some force being applied to the near side rein and that therefore he did have some control of his horse. The head-on film is also very clear in showing that Mr Fleming did not deviate off his running line for the entire length of the home straight. The Committee has also noted Mr Fleming’s comments that his driving style today was similar to that used at Tauherenikau on 2 January 2011 and those actions had not been questioned by the stipendiary steward on the day. Taking into account all of these matters the Committee does not believe he has breached the rule.
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: 2338a2308285f2796ca8f75cc66f5c9e
informantnumber: 69410
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 31/12/2010
hearing_title: Kapiti Coast HRC 21 January 2011 - R 3
charge:
Following the running of race 3, information 69410 was filed by Stipendiary Steward Mr T Taumanu under rule 869 (4). The information stated that “P B Fleming drove “Broadway” during the run home without total control of his horse by flapping his reins at the horse non-stop with his whip tucked under his arm”.
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 Fleming indicated the breach of the rule was not admitted.
facts:
Mr Taumanu used the side-on view of the film to identify Mr Fleming and to show what had occurred. He said that Mr Fleming had gone to the lead at approximately the 1200m mark and was still leading the field into the home straight. He said that as Mr Fleming was coming down the home straight in his view he had no control over the horse because he was continually flapping the reins across the rump of the horse whilst at the same time not using his whip which was tucked under his right arm. He said he did not expect the whip to be used in an excessive or unnecessary manner but did expect it to be used to urge the horse along. He said the reins could be used to get the best out of a horse but not in the manner used by Mr Fleming. He said in his view Mr Fleming’s actions were those of an amateur driver and not a professional horseman and he considered he had no control over the horse and there could have been consequences if the horse had decided to duck in. Mr Taumanu said there were no issues with the fact the horse had been run down close to the post by a driver who was using the whip on his horse in the closing stages of the race – it was simply that in his view the actions of Mr Fleming meant he did not have control over his horse at any time in the run down the straight.
Mr Fleming said that he believed he had full control of the horse all the way down the home straight. He said as the trainer of the horse he drove him regularly, knew how to get the best out of him and had won on him at his last start at Tauherenikau on 2 January 2010 using the same driving style. He said today he never deviated in the run down the straight nor did he cause any interference and could not understand why he had been charged. It was pointed out to Mr Fleming by the Committee that the rule does include the words “likely to interfere”. Mr Fleming also said that at Wanganui on 19 December 2010, when the horse had finished 3rd, he had been charged with excessive use of the whip and fined $250.
To a question from the Committee Mr Fleming said the horse did respond to the whip but responded better to the reins. Mr Taumanu asked Mr Fleming why then did he carry a whip and Mr Fleming said in case he became really lazy during the race. To a further question from the Committee Mr Fleming said that when another person drove the horse in a race the instructions were to drive the horse aggressively but not necessarily using the whip. He reiterated that he believed he won his previous start because he was flicking the reins rather than using the whip and those actions had not been questioned by the stipendiary steward on the day.
Both Mr Taumanu and Mr Fleming confirmed they had completed their evidence but before adjourning the hearing (because the next race was due to start) they were advised that the Committee wanted to look at the head-on film. Mr Fleming was advised that the Stipendiary Stewards would be asked to set the film up for viewing after the next race but would not be present whilst the Committee looked at that film and that is what happened.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
The Committee has reviewed the films and listened to the evidence presented. Whilst Mr Fleming’s drive did not look as professional as some would expect the head-on film shows that his horse’s head was turned slightly inwards during the run down the home straight which indicates to the Committee there was some force being applied to the near side rein and that therefore he did have some control of his horse. The head-on film is also very clear in showing that Mr Fleming did not deviate off his running line for the entire length of the home straight. The Committee has also noted Mr Fleming’s comments that his driving style today was similar to that used at Tauherenikau on 2 January 2011 and those actions had not been questioned by the stipendiary steward on the day. Taking into account all of these matters the Committee does not believe he has breached the rule.
Decision:
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(4)
Informant: Mt T Taumanu, Stipendiary Steward
JockeysandTrainer: Mr P Fleming, Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2fe6fdd004e92c6c1856badbd6c608b0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 04e30d3309f0abe30eece9fd94fa1218
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/01/2011
meet_title: Kapiti Coast HRC - 21 January 2011
meet_expappcomment:
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meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: NMcCutcheon
meet_pm2: none
name: Kapiti Coast HRC