Manukau TC – 30 September 2008 – Race 3
ID: JCA21612
Hearing Type (Code):
harness-racing
Meet Title:
Manukau TC - 30 September 2008
Race Date:
2008/09/30
Race Number:
Race 3
Decision:
An information filed by Stipendiary Stewart Mr T Taumanu against Mr S Cornwall, driver of MAY THE SUN SHINE, alleging a breach of Rule 869 (3) (b) – Careless Driving – in that he drove carelessly when shifting inwards or allowing his horse to move inwards rounding the final bend causing significant interference to other runners.
An information filed by Stipendiary Stewart Mr T Taumanu against Mr S Cornwall, driver of MAY THE SUN SHINE, alleging a breach of Rule 869 (3) (b) – Careless Driving – in that he drove carelessly when shifting inwards or allowing his horse to move inwards rounding the final bend causing significant interference to other runners.
--Mr Cornwall denied the breach and was present at the hearing.
--Mr Taumanu demonstrated the incident by use of the video film. He said Mr Cornwall’s horse broke coming around the bend, moved outwards and then Mr Cornwall allowed it to move inwards causing Mr A Pyers to be dislodged from his horse and Mr S McCaffrey’s horse – COUNT GALLEON – to run into the back of MAY THE SUN SHINE. Mr Taumanu said Mr Cornwall had an obligation to move out. He said there was no movement in the left hand of Mr Cornwall to prevent his horse running inwards. Mr Cornwall said when his horse galloped he was able to keep clear of the horses driven by Mr R Brosnan and Mr C Wilson but then his horse turned its head and ducked inwards. He said it was wearing a pole on the inside, he got hit from behind, there was a big shove which forced him further inwards.
--At this stage of the evidence the hearing was adjourned and when it resumed I asked the parties to focus on the film to see whether or not there was any movement in Mr Cornwall’s left hand and whether the shove from behind caused the incident. The video film showed that Mr Cornwall did move his left hand attempting to pull his horse’s head outwards. Mr Cornwall, in answer to a question from me, confirmed his horse had had only six starts and was inexperienced.
----
DECISION & REASONS
--The video film did show that MAY THE SUN SHINE ducked in and that Mr Cornwall did make an effort to pull the horse outwards. The evidence leaves me in a state of doubt and I therefore give the benefit of that doubt to Mr Cornwall. The charge is dismissed.
----
B Rowe
--Chairman
--
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: dc8b4c576cdb978e9d720d0a811d4aa6
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/09/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manukau TC - 30 September 2008 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information filed by Stipendiary Stewart Mr T Taumanu against Mr S Cornwall, driver of MAY THE SUN SHINE, alleging a breach of Rule 869 (3) (b) – Careless Driving – in that he drove carelessly when shifting inwards or allowing his horse to move inwards rounding the final bend causing significant interference to other runners.
An information filed by Stipendiary Stewart Mr T Taumanu against Mr S Cornwall, driver of MAY THE SUN SHINE, alleging a breach of Rule 869 (3) (b) – Careless Driving – in that he drove carelessly when shifting inwards or allowing his horse to move inwards rounding the final bend causing significant interference to other runners.
--Mr Cornwall denied the breach and was present at the hearing.
--Mr Taumanu demonstrated the incident by use of the video film. He said Mr Cornwall’s horse broke coming around the bend, moved outwards and then Mr Cornwall allowed it to move inwards causing Mr A Pyers to be dislodged from his horse and Mr S McCaffrey’s horse – COUNT GALLEON – to run into the back of MAY THE SUN SHINE. Mr Taumanu said Mr Cornwall had an obligation to move out. He said there was no movement in the left hand of Mr Cornwall to prevent his horse running inwards. Mr Cornwall said when his horse galloped he was able to keep clear of the horses driven by Mr R Brosnan and Mr C Wilson but then his horse turned its head and ducked inwards. He said it was wearing a pole on the inside, he got hit from behind, there was a big shove which forced him further inwards.
--At this stage of the evidence the hearing was adjourned and when it resumed I asked the parties to focus on the film to see whether or not there was any movement in Mr Cornwall’s left hand and whether the shove from behind caused the incident. The video film showed that Mr Cornwall did move his left hand attempting to pull his horse’s head outwards. Mr Cornwall, in answer to a question from me, confirmed his horse had had only six starts and was inexperienced.
----
DECISION & REASONS
--The video film did show that MAY THE SUN SHINE ducked in and that Mr Cornwall did make an effort to pull the horse outwards. The evidence leaves me in a state of doubt and I therefore give the benefit of that doubt to Mr Cornwall. The charge is dismissed.
----
B Rowe
--Chairman
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c787c56e076376a3bcf8980eae12ee10
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c856080cdb31b0cee482c3edb774f6e8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2008
meet_title: Manukau TC - 30 September 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Manukau TC