Kapiti Coast HRC 4 February 2018 – R 9 – Chair, Mr P Williams
ID: JCA15942
Meet Title:
Kapiti Coast HRC - 4 February 2018
Meet Chair:
PWilliams
Meet Committee Member 1:
TUtikere
Race Date:
2018/02/04
Race Number:
R9
Decision:
Penalty:
Facts:
Following the running of Race 9, the “Wings International Handicap Trot”, Information A4466 was lodged by Senior Stipendiary Steward Mr S Mulcay alleging a breach of Rule 869(3)(b) by Open Horseman Mr T Mitchell. The Information stated “Mr Mitchell drove “Sunny Bill” carelessly causing interference to “Kai Time” (J Best) which in turn caused interference to “Angus Fogg” (O Gillies) and “Opawa Speed” near the 1650 metres”.
Mr Mitchell signed the Information indicating he did not admit the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
Submissions for Decision:
Mr Mulcay showed the side-on and head-on films of the horses passing the winning post and approaching the crossing with a round to go highlighting Mr Mitchell leading the race and positioned a horse width away from the markers. To his inside and behind was Mr Best driving “Kai Time” and on the outside of Mr Best and slightly behind him was Mr Gillies driving “Angus Fogg”. Mr Mulcay said shortly after the crossing “Kai Time” appeared to dip quite noticeably and then went into a gallop and checked the trailing runner “Angus Fogg” and also “Opawa Speed’. Mr Mulcay said the head-on film showed Mr Best was travelling under restraint and had his front legs to the inside of Mr Mitchell when “Kai Time” dipped. Mr Mulcay said that from observing the race live he was not sure whether contact had occurred, and he therefore chose to speak to Mr Best after the race following which he decided to lodge the Information.
Mr Mulcay asked Mr Best to describe why his horse had broke just after the crossing. Mr Best said he was racing against the markers and that Mr Mitchell “took his legs out” after there was contact between Mr Mitchell’s sulky wheel and the front right leg of “Kai Time”. He said he did not believe his horse contributed to the incident and was travelling well at the time.
Mr Mitchell asked Mr Best how many times his horse had broken during the Race and Mr Best replied twice. Mr Mitchell had no further questions of Mr Best.
To a question from the Committee Mr Best confirmed that his horse had gone over the crossing without any problem and that had not contributed to the incident.
Mr Mulcay asked Mr Gillies to describe what had happened. He said he had to take evasive action when “Kai Time” galloped. He said he did not see what had happened but thought he heard a noise (a bang) just before “Kai Time” galloped but did not see what it was or what caused it. He said he didn’t notice how “Kai Time” was travelling prior to the incident as he was concentrating on his own horse.
Mr Mitchell had no questions of Mr Gillies.
Mr Mitchell said after the start he moved across to race at least half a cart’s width off the passing lane. He said that distance was maintained prior to and after going over the crossing and he did not hear any noise that might have been contact. He believed Mr Best had enough room on his inside and whilst it might have been a bit tight he had enough room to be where he was just prior to him breaking. He said the film did not show that contact had occurred, and he believed “Kai Time” had galloped of its own accord when free of interference. Mr Mitchell said that the noise Mr Gillies heard could have been Kai Time” hitting Mr Mitchell’s sulky wheel after it galloped.
To a question from the Committee Mr Mitchell confirmed he felt he had not shifted in after going over the crossing but agreed Mr Best was partially inside him at the time his horse galloped.
In summing up Mr Mulcay said it was the post race comments of Mr Best that led to the Information being lodged. He conceded that contact between “Kai Time” and the sulky wheel of Mr Mitchell was not evident on any of the films shown but that on the balance of probabilities the Stewards believed contact had occurred or else why had “Kai Time” dipped and broke when it did. He said Mr Mitchell had maintained the same distance away from the markers down the home straight but as the field went out of the home straight and the passing lane finished he had moved closer to the markers which had caused the incident.
Mr Mitchell had nothing to say by way of summing up.
Reasons for Decision:
The Committee has viewed all the available views of the incident several times. Whilst it is not in dispute that “Kai Time” dipped and broke approximately 50m after the crossing none of the films show any contact between that horse’s front legs and the sulky of Mr Mitchell. Mr Best was adamant that Mr Mitchell “took his legs out” but again the films do not show any appreciable inwards movement by Mr Mitchell after going over the crossing to confirm that. In relation to the evidence of Mr Gillies, the Committee does not believe it can be relied on given his comment that he did not see what caused “Kai Time” to gallop.
The Committee believes that, after taking all of the above into consideration, we cannot be sure that the actions of Mr Mitchell caused “Kai Time" to break and therefore we cannot find the charge proved.
Submissions for Penalty:
n/a
Reasons for Penalty:
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: a403ea419675ff23471310c09afadb1a
informantnumber: A4466
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 05/02/2018
hearing_title: Kapiti Coast HRC 4 February 2018 - R 9 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 9, the “Wings International Handicap Trot”, Information A4466 was lodged by Senior Stipendiary Steward Mr S Mulcay alleging a breach of Rule 869(3)(b) by Open Horseman Mr T Mitchell. The Information stated “Mr Mitchell drove “Sunny Bill” carelessly causing interference to “Kai Time” (J Best) which in turn caused interference to “Angus Fogg” (O Gillies) and “Opawa Speed” near the 1650 metres”.
Mr Mitchell signed the Information indicating he did not admit the breach and at the beginning of the hearing confirmed that was correct and that he understood the Rule under which he was charged.
Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay showed the side-on and head-on films of the horses passing the winning post and approaching the crossing with a round to go highlighting Mr Mitchell leading the race and positioned a horse width away from the markers. To his inside and behind was Mr Best driving “Kai Time” and on the outside of Mr Best and slightly behind him was Mr Gillies driving “Angus Fogg”. Mr Mulcay said shortly after the crossing “Kai Time” appeared to dip quite noticeably and then went into a gallop and checked the trailing runner “Angus Fogg” and also “Opawa Speed’. Mr Mulcay said the head-on film showed Mr Best was travelling under restraint and had his front legs to the inside of Mr Mitchell when “Kai Time” dipped. Mr Mulcay said that from observing the race live he was not sure whether contact had occurred, and he therefore chose to speak to Mr Best after the race following which he decided to lodge the Information.
Mr Mulcay asked Mr Best to describe why his horse had broke just after the crossing. Mr Best said he was racing against the markers and that Mr Mitchell “took his legs out” after there was contact between Mr Mitchell’s sulky wheel and the front right leg of “Kai Time”. He said he did not believe his horse contributed to the incident and was travelling well at the time.
Mr Mitchell asked Mr Best how many times his horse had broken during the Race and Mr Best replied twice. Mr Mitchell had no further questions of Mr Best.
To a question from the Committee Mr Best confirmed that his horse had gone over the crossing without any problem and that had not contributed to the incident.
Mr Mulcay asked Mr Gillies to describe what had happened. He said he had to take evasive action when “Kai Time” galloped. He said he did not see what had happened but thought he heard a noise (a bang) just before “Kai Time” galloped but did not see what it was or what caused it. He said he didn’t notice how “Kai Time” was travelling prior to the incident as he was concentrating on his own horse.
Mr Mitchell had no questions of Mr Gillies.
Mr Mitchell said after the start he moved across to race at least half a cart’s width off the passing lane. He said that distance was maintained prior to and after going over the crossing and he did not hear any noise that might have been contact. He believed Mr Best had enough room on his inside and whilst it might have been a bit tight he had enough room to be where he was just prior to him breaking. He said the film did not show that contact had occurred, and he believed “Kai Time” had galloped of its own accord when free of interference. Mr Mitchell said that the noise Mr Gillies heard could have been Kai Time” hitting Mr Mitchell’s sulky wheel after it galloped.
To a question from the Committee Mr Mitchell confirmed he felt he had not shifted in after going over the crossing but agreed Mr Best was partially inside him at the time his horse galloped.
In summing up Mr Mulcay said it was the post race comments of Mr Best that led to the Information being lodged. He conceded that contact between “Kai Time” and the sulky wheel of Mr Mitchell was not evident on any of the films shown but that on the balance of probabilities the Stewards believed contact had occurred or else why had “Kai Time” dipped and broke when it did. He said Mr Mitchell had maintained the same distance away from the markers down the home straight but as the field went out of the home straight and the passing lane finished he had moved closer to the markers which had caused the incident.
Mr Mitchell had nothing to say by way of summing up.
reasonsfordecision:
The Committee has viewed all the available views of the incident several times. Whilst it is not in dispute that “Kai Time” dipped and broke approximately 50m after the crossing none of the films show any contact between that horse’s front legs and the sulky of Mr Mitchell. Mr Best was adamant that Mr Mitchell “took his legs out” but again the films do not show any appreciable inwards movement by Mr Mitchell after going over the crossing to confirm that. In relation to the evidence of Mr Gillies, the Committee does not believe it can be relied on given his comment that he did not see what caused “Kai Time” to gallop.
The Committee believes that, after taking all of the above into consideration, we cannot be sure that the actions of Mr Mitchell caused “Kai Time" to break and therefore we cannot find the charge proved.
Decision:
sumissionsforpenalty:
n/a
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr T Mitchell - Open Horseman
Otherperson: Mr J Best - Junior Horseman, Mr O Gillies - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 752b5fbedf88864ade25b8b8face2459
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 22f3d06282d0f30baf006149dbe81408
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
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meetdate: 04/02/2018
meet_title: Kapiti Coast HRC - 4 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TUtikere
meet_pm2: none
name: Kapiti Coast HRC