Methven TC 5 September 2010 – R 9

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startdate: 05/09/2010

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hearing_title: Methven TC 5 September 2010 - R 9

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N M Ydgren, Stipendiary Steward

Defendant:  J J A Young, Licensed Junior Driver

Information No:  69306

Meeting:  Methven Trotting Club

Date:  5 September 2010

Venue: Methven

Race:  9

Rule No:  869 (4) & Easing Down Regulations.

Judicial Committee:  R G McKenzie, Chairman – S C Ching, Committee Member

Plea: Not Admitted

Also present:  Mr P D Young, Licensed Open Horseman

FACTS:

Following the running of Race 9, New Brighton Club Mobile Pace, Information No. 69306 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Miss J J A Young, alleging a breach of Rule 869 (4) and the Easing Down Regulations in that Miss Young, as the driver of GLORY R in the race, “drove in a manner likely to cause interference when attempting to shift MELANDO REIGN (A M Butt) down on two occasions when not in a position to do so”.

Miss Young was present at the hearing of the information and indicated that she did not admit the breach. She was assisted at the hearing by her father, Licensed Open Horseman, Mr P D Young.

Rule 869 provides as follows:

(4)     No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.

The Easing Down Regulations provide:

Subject to . . . Rule 869 (4) . . . horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.

SUBMISSIONS:

Mr Ydgren said that, approaching the straight on the first occasion, Miss Young who was racing 3-wide attempted to ease Mr Butt down to the fence. He said the Stewards had no problem with the initial movement as a Miss Young was entitled to do so. However, they believed she had attempted the move for too long. Also, Mr Butt was in a position not to be shifted down, having a runner on his inside. Miss Young then desisted “for a brief period” before continuing her attempt to ease Mr Butt down. Mr Ydgren alleged that, at no time, did Miss Young have a “clear advantage” over Mr Butt as required by the Regulations.

Mr S P Renault showed video replays of the relevant part of the race. He pointed out Miss Young, 3-wide, trying to move Mr Butt down. However, he said, Mr Butt did not move down and was clearly one out at all times. He was able to hold that position as Miss Young had no clear advantage. He pointed out RUSTY REARDON (R T May) improve to be on the inside of Mr Butt. Miss Young then attempted again, unsuccessfully, to move Mr Butt down the track. The incident took place over a distance of approximately 300 metres, Mr Renault alleged.

Mr Butt said that, rounding the turn, Miss Young was 3-wide, ahead of him but coming back trying to get a “spot”. In anticipation of Miss Young having a try to push him down, Mr Butt said that he ensured that he was hard up on the back of the horse in front. Initially, Miss Young was entitled to attempt the manoeuvre but then Mr May got up on his inside. She had persisted for too long when, clearly, she was unable to move his horse down at all. Mr Butt said that he was always one-off. He had to drive “quite aggressively” to hold his ground. After desisting for a short distance, Miss Young continued to try to move him down, probably to the winning post, Mr Butt said. He said that the video showed that Miss Young did not have an advantage over him.

Mrs K R Williams, Stipendiary Steward, said that, at all times, Mr Butt was in the one-out line. There was plenty of room for Mr May to improve on his inside and Mr Butt did not put any pressure on him.  Mr Butt was in line with the parked horse. At no stage did Miss Young have an advantage. 

Miss Young stated that, initially, while looking for a better position for her horse, she did try to push down Mr Butt when there was not another runner on his inside. She said that she believed that she had got Mr Butt down at the point when RUSTY REARDON improved on the inside. She believed that she had got established in the one-out line. Mr Butt was in the middle. If RUSTY REARDON had not improved on the inside, she would have been in the one-out line, with Mr Butt in the running line. She alleged, and Mr Young supported her, that Mr Butt was not on the back of the horse in front.

REASONS: 

The Committee was satisfied that, at all relevant times, Miss Young was racing 3-wide, with Mr Butt racing on her inside in the one-out line. Mr Butt was, clearly, racing in the one-out line because Mr May was able to easily improve on his inside. In those circumstances, Miss Young was entitled to attempt to move Mr Butt down only if she could do so with safety and only if she held a “clear advantage” over him. The Committee was satisfied that Miss Young did not hold a “clear advantage”. As Mr Butt stated, Miss Young was entitled to attempt to ease him down but, when she was not able to do so, it was her obligation to desist. In this instance, she did not do so but, rather, persisted in her efforts over a considerable distance creating a situation which, in the Committee’s view, was likely to cause interference.

DECISION:

The charge was found proved.

SUBMISSIONS ON PENALTY:

Mr Ydgren informed the Committee that the Penalty Guide recommends a starting point for penalty for a breach of the Rule of a fine of $200 and/or a suspension of one week.

Miss Young said that she would have engagements at Forbury Park on 10 September and Timaru on 12 September. She informed the Committee that she would prefer a suspension over a fine. The Committee was aware that Miss Young is a student with limited financial means.

REASONS:

The Committee took into account, in determining penalty, Miss Young’s financial position and her expressed preference for a fine. The Committee also took into account its assessment of the breach as being at the lower end of the scale. 

PENALTY:

Ms Young’s Junior Driver’s licence was suspended up to and including Sunday, 12 September 2010 – effectively, 2 days.

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hearing_type: Old Hearing

Rules: 869(4) and Easing Down Regulations

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