Kumeu TC – 15 December 2009 –

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startdate: 15/12/2009

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hearing_title: Kumeu TC - 15 December 2009 -

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KUMEU DISTRICT TROTTING CLUB

RACEDAY JUDICIAL COMMITTEE DECISIONS

TUESDAY 15TH DECEMBER 2009

JCA PANEL: BJ Scott – Chairman
                       BJ Rowe – Committee

RACE NO:      2 INFORMATION NO: 67746  RULE NO:   857(7)(j)

An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Junior Horsewoman Miss K Blakemore the Driver of Springfield Nova by pulling up her horse did trust to chance that a false start would be declared.

KUMEU DISTRICT TROTTING CLUB

RACEDAY JUDICIAL COMMITTEE DECISIONS

TUESDAY 15TH DECEMBER 2009

JCA PANEL: BJ Scott – Chairman
                       BJ Rowe – Committee

RACE NO:      2 INFORMATION NO: 67746  RULE NO:   857(7)(j)

An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Junior Horsewoman Miss K Blakemore the Driver of Springfield Nova by pulling up her horse did trust to chance that a false start would be declared.

Miss Blakemore did not admit the charge and was present at the Hearing and was assisted by Senior Horseman Mr PC Ferguson.  

Rule 867(7)(j) and part 7 of the Race Starting Procedures Regulations were read to Miss Blakemore and she acknowledged that she understood them.

Rule 857(7)(j) provides:

 “No Horseman shall trust to chance that a false start shall be declared.”

Mr Muirhead also referred to part 7 of the Race Starting Procedures Regulations.   This provides:

“In the event of a false start, the Starter shall give notification to the Horseman by whistle.   The Clerk of the Course shall be in such a position on the track to relay advice of the false start to the Horseman.”

Mr Muirhead first called the Starter Mr Colin Courtney and asked him to give evidence about the circumstances of the start.   Mr Courtney said there was nothing unusual about the start and that the horses were all lined up and he then let them go.   He did acknowledge that Mr Brosnan was having problems with his horse but as far as Mr Courtney was concerned it was a fair start for everyone else.

Mr Courtney said he definitely did not call a false start and he told this Committee about the steps that he would take if he was to call a false start.

Mr Courtney also said that he had spoken to the Stipendiary Stewards with his Starter’s Assistants and that none of them had given any indication that there was a false start.

Miss Blakemore accepted Mr Courtney’s evidence.

Mr Muirhead then gave evidence and he said that when Miss Blakemore was interviewed by the Stipendiary Stewards she said that she had heard a false start call and had pulled her horse up.

Mr Muirhead then showed the films of the incidents and Miss Blakemore’s horse had drawn the outside of the front line.   He showed that Miss Blakemore’s horse was trotting and then broke and that she then heard someone saying it was a false start and she pulled her horse up.

Miss Blakemore did not query Mr Muirhead’s evidence.

Miss Blakemore for herself said that her horse went away and then a horse galloped in front of her and she broke.   She heard the Commentator say it was a false start and she also heard other Drivers saying it was a false start and she looked up and she said that she thought that the horses up front were slowing down.

Miss Blakemore also said she saw the Clerk of the Course galloping across the inside of the course and she said that she thought he was going to be telling the leading horses that it was a false start.

Miss Blakemore pointed to all of the confusion in the early part of the race and to horses breaking and going sideways and causing interference to other horses and Drivers calling out that it was a false start and she particularly said that she heard the Commentator calling that it was a false start.

In answer to a question from Mr Muirhead, Miss Blakemore said that Drivers can’t always hear the Starter’s whistle and that it was a windy day and that would be a problem too.   She again referred to the Clerk of the Course galloping across to the leading horses that were in the back straight.

In summary Mr Muirhead said that the Stipendiary Stewards had bought the charge for the proper reasons in that Drivers are not the ones to make judgments on whether to pull horses up or not.   Drivers have a duty to keep going and he said that in this instance Miss Blakemore knew that it was not a false start but she continued on.  

Mr Muirhead did acknowledge that the situation was very confusing for Miss Blakemore and that the comments of the Commentator were not helpful.

Decision and Reasons

The Committee has listened to the evidence and viewed the films and in this instance finds that the elements of the charge have been satisfactorily proven and accordingly the charge against Miss Blakemore is proven.

The parties were then asked to make submissions as to penalty and Mr Muirhead referred to the JCA Guidelines which provide for a fine of $250.00.   Mr Ferguson on behalf of Miss Blakemore suggested that amount was excessive and said that Miss Blakemore is a Junior Horsewoman and because of the circumstances surrounding the start that he felt that a fine of $150.00 was more appropriate.

This Committee in reaching a decision as to penalty finds that there are numerous mitigating factors in this situation.   Miss Blakemore would have been confused by the comments of the other Horsemen, by the mayhem in the early part of the race, by the actions of the Clerk of the Course and certainly by the unhelpful comments by the Commentator.  

Clearly the Starter had not taken any steps to signal a false start and in the early part of the race the Clerk of the Course had not made any moves to advise Horsemen that it was a false start and the Commentator from his vantage point should have noticed this.   It is not helpful therefore for the Commentator to state that it is a false start when there is absolutely no reason to say so.   It is accepted that there was a certain amount of mayhem in the early part of the race but the Commentator need only to have looked at the Starter and to the Clerk of the Course to know that a false start had not been called.

The Stipendiary Stewards have properly charged Miss Blakemore because she knew that it wasn’t a false start and she did pull her horse up believing that it was going to be called a false start.   It was a confusing situation for her.

Miss Blakemore is a Junior Horsewoman and she does have a good record and she must be given credit for this and for the fact that she was the victim of very confusing circumstances.

This Committee notes the amount of the fine specified in the JCA Guidelines but also accepts that there are numerous mitigating factors in this case.

Taking all matters into account therefore this Committee fines Miss Blakemore the sum of $100.00.

BJ Scott                 BJ Rowe
CHAIR                    Committee Member
67746

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hearing_type: Old Hearing

Rules: 867.7.j, 857.7.j

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