Marlborough HRC 15 January 2012 – R 2
ID: JCA12470
Meet Title:
Marlborough HRC - 15 January 2012
Meet Chair:
JMillar
Meet Committee Member 1:
JPhelan
Race Date:
2012/01/15
Race Number:
R 2
Decision:
The charge was found to be proved.
Penalty:
Mr Orange is fined the sum of $200.
Charge:
Alleged breach of Rule 869(3) (b).
Facts:
Following the running of Race 2, the Springfresh Maiden Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr B N Orange, the driver of “President’s Friend” (3), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) Mr B N Orange as the driver of “President’s Friend” shifted outwards near the 200m when insufficiently clear of “Carter’s Rocket” (D J Dunn) resulting in “Carter’s Rocket” breaking”
Rules 869(3) (b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly.”
Submissions for Decision:
Mr McIntyre gave evidence and used video coverage to show that at about the 200m mark Mr Orange driving “President’s Friend” was travelling on the back of “Seabreeze Star” being driven by Mr Chmiel. He indicated that Mr Dunn driving “Carter’s Rocket” began to improve and when his horse’s fore legs went alongside Mr Orange’s sulky wheels, Mr Orange began to ease out from his position to get onto the back of Mr McGrath’s horse, “Hilarious Lavra”. As a result there was a light touch between “President’s Friend” and “Carter’s Rocket”, “Carter’s Rocket” going into a break.
Mr Dunn gave evidence that his horse, while hanging, was pacing well. He indicated that both he and Mr Orange were intent on taking the same position. He also indicated that most horses would not have broken in the same circumstances.
Mr Orange gave evidence that he had seen the gap, looked around but did not see Mr Dunn’s horse improving and started to ease out. At that point he noticed the forelegs of “Carter’s Rocket”. He had taken immediate action to ease back down but in the half second involved it had been too late. Mr Dunn had no where to go, the touch occurred and “Carter’s Rocket” went into a break.
Mr McIntyre submitted that Mr Orange’s corrective action was just a bit too late.
Reasons for Decision:
Having viewed the race video and heard the evidence from all parties we were satisfied that Mr Orange had eased “President’s Friend” out in a careless manner when not sufficiently clear of Mr Dunn who had limited racing room. This had caused “Carter’s Rocket” and “President’s Friend” to touch and “Carter’s Rocket” to go into a break.
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that Mr Orange is a particularly busy driver, with 265 drives so far this season without having appeared on a breach of the rules. He stated that the offending was at the lower end of the scale. Mr McIntyre submitted that a fine in the vicinity of $200.00 to $250.00 would be appropriate.
Reasons for Penalty:
In relation to penalty we took into account Mr Orange’s excellent record and that the offending was at the lower end of the scale. While it caused Mr Dunn’s horse to go into a break there was evidence to support that most horses would not break in similar circumstances. The fact that the horse had broken probably caused greater focus on the incident. Accordingly we set the fine at $200.
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: 6016c0be270b1a0f3867601888dba228
informantnumber: A5077
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 01/01/2012
hearing_title: Marlborough HRC 15 January 2012 - R 2
charge:
Alleged breach of Rule 869(3) (b).
facts:
Following the running of Race 2, the Springfresh Maiden Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr B N Orange, the driver of “President’s Friend” (3), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) Mr B N Orange as the driver of “President’s Friend” shifted outwards near the 200m when insufficiently clear of “Carter’s Rocket” (D J Dunn) resulting in “Carter’s Rocket” breaking”
Rules 869(3) (b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly.”
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and used video coverage to show that at about the 200m mark Mr Orange driving “President’s Friend” was travelling on the back of “Seabreeze Star” being driven by Mr Chmiel. He indicated that Mr Dunn driving “Carter’s Rocket” began to improve and when his horse’s fore legs went alongside Mr Orange’s sulky wheels, Mr Orange began to ease out from his position to get onto the back of Mr McGrath’s horse, “Hilarious Lavra”. As a result there was a light touch between “President’s Friend” and “Carter’s Rocket”, “Carter’s Rocket” going into a break.
Mr Dunn gave evidence that his horse, while hanging, was pacing well. He indicated that both he and Mr Orange were intent on taking the same position. He also indicated that most horses would not have broken in the same circumstances.
Mr Orange gave evidence that he had seen the gap, looked around but did not see Mr Dunn’s horse improving and started to ease out. At that point he noticed the forelegs of “Carter’s Rocket”. He had taken immediate action to ease back down but in the half second involved it had been too late. Mr Dunn had no where to go, the touch occurred and “Carter’s Rocket” went into a break.
Mr McIntyre submitted that Mr Orange’s corrective action was just a bit too late.
reasonsfordecision:
Having viewed the race video and heard the evidence from all parties we were satisfied that Mr Orange had eased “President’s Friend” out in a careless manner when not sufficiently clear of Mr Dunn who had limited racing room. This had caused “Carter’s Rocket” and “President’s Friend” to touch and “Carter’s Rocket” to go into a break.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr McIntyre advised that Mr Orange is a particularly busy driver, with 265 drives so far this season without having appeared on a breach of the rules. He stated that the offending was at the lower end of the scale. Mr McIntyre submitted that a fine in the vicinity of $200.00 to $250.00 would be appropriate.
reasonsforpenalty:
In relation to penalty we took into account Mr Orange’s excellent record and that the offending was at the lower end of the scale. While it caused Mr Dunn’s horse to go into a break there was evidence to support that most horses would not break in similar circumstances. The fact that the horse had broken probably caused greater focus on the incident. Accordingly we set the fine at $200.
penalty:
Mr Orange is fined the sum of $200.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer: Mr BN Orange - Open Horseman, Mr DJ Dunn- Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 640bb60bbc48a8af63f0f639f5341838
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b10346d255fc600cf1ad631f2b1796ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/01/2012
meet_title: Marlborough HRC - 15 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: JPhelan
meet_pm2: none
name: Marlborough HRC