Marlborough HRC 23 June 2019 – R 8 – Chair, Mr S Ching
ID: JCA14069
Meet Title:
Marlborough HRC - 23 June 2019
Meet Chair:
SChing
Meet Committee Member 1:
PWilliams
Race Date:
2019/06/23
Race Number:
R8
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Mr Smith is fined the sum of $300.
Facts:
Following the running of Race 8, the Wairau Covers Marlborough Winter Cup Pace, an information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr G Smith, alleging a breach of Rule 869(3)(b) in that he drove carelessly, when driving PADDYPROUDFOOT, near the 200m, when allowing his horse to contact the wheel of SMOKIN BY, and break.
Mr Smith had indicated on the Information that this breach of the Rules was not admitted which he confirmed to the hearing. Mr Smith also acknowledged that he understood the rule and charge bought against him.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Submissions for Decision:
Mr Renault gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr Quirk, to demonstrate that prior to entering the home straight, Mr Smith driving PADDYPROUDFOOT was racing 4 back on the pylons with STORM PRINCE, driven by Mr B Orange immediately ahead with SMOKIN BY, driven by Mr M Anderson, ahead of that horse. Mr Renault stated that PADDYPROUDFOOT had been over racing for the majority of the race and when STORM PRINCE shifted out to the 1/1 position, PADDYPROUDFOOT was afforded the 3-back position behind SMOKIN BY. He pointed out Mr Smith chasing his horse forward and then being held up behind Mr Anderson. Mr Renault said that as a result of being held up, PADDYPROUDFOOT’s right leg made contact with the right sulky wheel of SMOKIN BY, causing PADDYPROUDFOOT to break and lose 2 to 3 lengths. He added that PADDYPROUDFOOT regained his gait shortly afterwards and ran on to finish in a close 5th placing.
Mr Smith conceded that contact had been made by his horse and the sulky wheel of SMOKIN BY causing his horse to break. He said that PADDYPROUDFOOT had been travelling kindly over the early stages and after the lead changed mid race, the horse locked on to the bit and over raced from then on. Mr Smith said that PADDYPROUDFOOT had been warned before for being difficult to control and running out in the straight. He added that the horse wears a bit pricker, a rein pricker, jaw breaker and a murphy to rectify his poor steering. Mr Smith said that when the gap opened up in front of him about the 250m, the horse went flat and he gave a horse a couple of flicks with the whip. He said the horse picked up ground quicker than he anticipated but well before he got to Mr Anderson's back he was easing hard to steady the horse. He said when he took a hold, the horse started running out and throwing his head in the air. Mr Smith stated he did not feel the contact but conceded that contact had been made. He added the horse has no purchase in his mouth and when you grab him he puts his head up and fights the driver. Mr Smith submitted that the racing manners of PADDYPROUDFOOT contributed to the incident.
In summing up Mr Renault stated that the concerns the Stewards have were that when Mr Orange moves out, Mr Smith has a gap ahead of him. He does drive the horse forward and continues to drive the horse forward into a dead end, where there was no run for him. Mr Renault submitted that the action of continuing to drive his horse forward into an area where there was no run, knowing what the horse's manners where like, due to the difficulty he has had earlier in the race, has led to him finding himself in an awkward position, eventually running out of room and striking a wheel resulting in the incident.
Reasons for Decision:
We carefully considered the evidence presented and reviewed the films available of the incident. We are satisfied that near the 200m PADDYPROUDFOOT struck the wheel of SMOKIN BY and broke, losing ground. Mr Smith has conceded that contact was made but stated that he did not feel any contact. He submitted that the horse's racing manners contributed to the incident and to some degree we agree, but only in terms of mitigation. We agree with the Stewards that Mr Smith has put himself in an awkward position and driven his horse into a dead end, in anticipation of a run either on the inside or outside of Mr Anderson's horse. This run, however, did not eventuate resulting in contact being made and PADDYPROUDFOOT breaking. We therefore find that Mr Smith has driven carelessly on this occasion and find the charge proved.
Submissions for Penalty:
Mr Renault said Mr Smith was a busy driver with 409 drives so far this season and a total of 400 drives last season. He said the JCA Penalty Guide provided for a starting point of a $300 fine or 6 drive suspension for a careless driving breach of striking a wheel. He said that the aggravating factor was that the chances of PADDYPROUDFOOT where affected and the horse may have finished in a higher placing but for Mr Smith’s carelessness. In mitigation Mr Renault stated that Mr Smith’s record was clear in regard to this rule and PADDYPROUDFOOT’s contribution to the incident was another factor due consideration. Taking all factors into account, Mr Renault submitted that a fine of around $300 be considered as penalty.
Mr Smith submitted that a fine as low as possible be considered as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 6-drive suspension or $300 fine for a breach of this rule, where the breach is striking a wheel. We agree with Mr Renault that the aggravating factor was that PADDYPROUDFOOT’s chances may have been affected. There are however mitigating factors, being Mr Smith’s clear record and the contribution to the incident by the racing manners of PADDYPROUDFOOT. Taking all aggravating and mitigating factors into consideration, we determined that an appropriate penalty in this case was a fine of $300.
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: 94233f56ec675727ed4f59031ffcb46d
informantnumber: A11422
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 26/06/2019
hearing_title: Marlborough HRC 23 June 2019 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Wairau Covers Marlborough Winter Cup Pace, an information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr G Smith, alleging a breach of Rule 869(3)(b) in that he drove carelessly, when driving PADDYPROUDFOOT, near the 200m, when allowing his horse to contact the wheel of SMOKIN BY, and break.
Mr Smith had indicated on the Information that this breach of the Rules was not admitted which he confirmed to the hearing. Mr Smith also acknowledged that he understood the rule and charge bought against him.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr Quirk, to demonstrate that prior to entering the home straight, Mr Smith driving PADDYPROUDFOOT was racing 4 back on the pylons with STORM PRINCE, driven by Mr B Orange immediately ahead with SMOKIN BY, driven by Mr M Anderson, ahead of that horse. Mr Renault stated that PADDYPROUDFOOT had been over racing for the majority of the race and when STORM PRINCE shifted out to the 1/1 position, PADDYPROUDFOOT was afforded the 3-back position behind SMOKIN BY. He pointed out Mr Smith chasing his horse forward and then being held up behind Mr Anderson. Mr Renault said that as a result of being held up, PADDYPROUDFOOT’s right leg made contact with the right sulky wheel of SMOKIN BY, causing PADDYPROUDFOOT to break and lose 2 to 3 lengths. He added that PADDYPROUDFOOT regained his gait shortly afterwards and ran on to finish in a close 5th placing.
Mr Smith conceded that contact had been made by his horse and the sulky wheel of SMOKIN BY causing his horse to break. He said that PADDYPROUDFOOT had been travelling kindly over the early stages and after the lead changed mid race, the horse locked on to the bit and over raced from then on. Mr Smith said that PADDYPROUDFOOT had been warned before for being difficult to control and running out in the straight. He added that the horse wears a bit pricker, a rein pricker, jaw breaker and a murphy to rectify his poor steering. Mr Smith said that when the gap opened up in front of him about the 250m, the horse went flat and he gave a horse a couple of flicks with the whip. He said the horse picked up ground quicker than he anticipated but well before he got to Mr Anderson's back he was easing hard to steady the horse. He said when he took a hold, the horse started running out and throwing his head in the air. Mr Smith stated he did not feel the contact but conceded that contact had been made. He added the horse has no purchase in his mouth and when you grab him he puts his head up and fights the driver. Mr Smith submitted that the racing manners of PADDYPROUDFOOT contributed to the incident.
In summing up Mr Renault stated that the concerns the Stewards have were that when Mr Orange moves out, Mr Smith has a gap ahead of him. He does drive the horse forward and continues to drive the horse forward into a dead end, where there was no run for him. Mr Renault submitted that the action of continuing to drive his horse forward into an area where there was no run, knowing what the horse's manners where like, due to the difficulty he has had earlier in the race, has led to him finding himself in an awkward position, eventually running out of room and striking a wheel resulting in the incident.
reasonsfordecision:
We carefully considered the evidence presented and reviewed the films available of the incident. We are satisfied that near the 200m PADDYPROUDFOOT struck the wheel of SMOKIN BY and broke, losing ground. Mr Smith has conceded that contact was made but stated that he did not feel any contact. He submitted that the horse's racing manners contributed to the incident and to some degree we agree, but only in terms of mitigation. We agree with the Stewards that Mr Smith has put himself in an awkward position and driven his horse into a dead end, in anticipation of a run either on the inside or outside of Mr Anderson's horse. This run, however, did not eventuate resulting in contact being made and PADDYPROUDFOOT breaking. We therefore find that Mr Smith has driven carelessly on this occasion and find the charge proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Renault said Mr Smith was a busy driver with 409 drives so far this season and a total of 400 drives last season. He said the JCA Penalty Guide provided for a starting point of a $300 fine or 6 drive suspension for a careless driving breach of striking a wheel. He said that the aggravating factor was that the chances of PADDYPROUDFOOT where affected and the horse may have finished in a higher placing but for Mr Smith’s carelessness. In mitigation Mr Renault stated that Mr Smith’s record was clear in regard to this rule and PADDYPROUDFOOT’s contribution to the incident was another factor due consideration. Taking all factors into account, Mr Renault submitted that a fine of around $300 be considered as penalty.
Mr Smith submitted that a fine as low as possible be considered as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 6-drive suspension or $300 fine for a breach of this rule, where the breach is striking a wheel. We agree with Mr Renault that the aggravating factor was that PADDYPROUDFOOT’s chances may have been affected. There are however mitigating factors, being Mr Smith’s clear record and the contribution to the incident by the racing manners of PADDYPROUDFOOT. Taking all aggravating and mitigating factors into consideration, we determined that an appropriate penalty in this case was a fine of $300.
penalty:
Accordingly, Mr Smith is fined the sum of $300.
hearing_type: Hearing
Rules: 869 (3)(b)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer: Smith-Open Horseman
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 63d73b74c2ce65414bd011bfaba8d6b7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: 6dd4113e690691b80ef60ef4aa3f02f7
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meetdate: 23/06/2019
meet_title: Marlborough HRC - 23 June 2019
meet_expappcomment:
meet_km:
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tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: PWilliams
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name: Marlborough HRC