Nelson HRC 10 June 2011 – R8: Hearing held 12 June 2011
ID: JCA13847
Meet Title:
Nelson HRC - 12 June 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/06/12
Race Number:
R8
Decision:
The charge was dismissed.
Charge:
On the second day of the meeting on 12 June 2011, Stipendiary Steward, Mr A L Ray, filed an information against Licensed Open Driver, Mr M P Jones, alleging that "Mr Jones misconducted himself by striking at another runner prior to the start of Race 8”, More FM Discretionary Handicap Pace, on the first day of the meeting on 10 June 2011.
The information was served on Mr Jones on 12 June 2011 and was heard on that date.
Mr Jones was present at the hearing of the information and he indicated that he denied the breach.
Rule 303 provides as follows:
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction or instruction of any Stipendiary Steward, Racecourse Inspector or Starter.
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction or instruction of any Stipendiary Steward, Racecourse Inspector or Starter.
Facts:
Mr Ray said that, just prior to the start of Race 8 on the first day of the meeting, NIKITA BROMAC, which had drawn inside Mr Jones’ horse ESPRIT JACCKA at the 2400 metres standing start point, reared and “got caught in the sulky” of Mr Jones. It was there for a time prior to being released, he said. Just prior to Mr Jones getting out of his sulky, he had struck out at NIKITA BROMAC and hence the present charge. He had struck out with his left hand in the vicinity of NIKITA BROMAC’s head, Mr Ray alleged.
Mr Ray showed a video replay of the incident. He pointed out Mr Jones “lash out”. He conceded that Mr Jones was in a “difficult position” but the Stewards felt that his action was not necessary. Mr Jones had admitted to the Stewards that he did strike out at NIKITA BROMAC, Mr Ray said.
Mr Jones said that he could not deny striking the horse. NIKITA BROMAC was laying on top of him and that pushing it away to enable him to get out of the sulky was not misconduct, he submitted. The horse had been attempting the whole time to lay down. It had landed on his leg the first time and it was fortunate that it did not end up right on top of him. Mr Jones said that he had drawn 7 with ESPRIT JACCKA and that NIKITA BROMAC had drawn 4 so it had come from “pretty wide, pretty quick”. He had pushed the horse on the head, on the spur of the moment, to get it out of the way as he did not want it to fall on him while he was still sitting in the sulky. The horse’s feet were over the shaft of Mr Jones’ sulky and not on the ground. He was able to get out of his sulky after he had pushed NIKITA BROMAC away. In response to questions from the Committee, Mr Jones said that he had used an open palm and that such an incident was very rare. While it may not have looked good, it was purely a safety issue, Mr Jones submitted.
Mr Ray stated that the Stewards fully accepted that Mr Jones had been placed in an awkward position but they felt this action was unnecessary and suggested that there was an element of frustration in his actions.
Submissions for Decision:
See above.
Reasons for Decision:
The Committee listened to the evidence and submissions of both parties and carefully viewed the video replays of the incident.
It was clear, and not denied by Mr Jones, that Mr Jones did strike out at NIKITA BROMAC when that horse, on his inside, had reared and come down with both its forelegs in Mr Jones’ sulky. The question for the Committee is did Mr Jones’ actions amount to misconduct in terms of Rule 303 (2)?
The Committee was satisfied that Mr Jones’ actions in pushing NIKITA BROMAC, and it found that it was no more than that, were instinctive and motivated by a legitimate concern for his own physical wellbeing in the circumstances. The Committee was satisfied that he was justified in fearing that NIKITA BROMAC might fall on him with the very real possibility that he might be injured as a result. Mr Jones clearly needed to take urgent defensive action. “Misconduct” in the context of a charge under the Rule, in the Committee’s view, requires wrongful, improper or unlawful conduct, motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one’s acts. Mr Jones’ actions did not come within that definition.
Taking all of the circumstances into account, the Committee was satisfied that Mr Jones, in pushing NIKITA BROMAC, did not misconduct himself.
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: 76b340f1efc97e8ee39234577a746578
informantnumber: 68595
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 25/05/2011
hearing_title: Nelson HRC 10 June 2011 - R8: Hearing held 12 June 2011
charge:
On the second day of the meeting on 12 June 2011, Stipendiary Steward, Mr A L Ray, filed an information against Licensed Open Driver, Mr M P Jones, alleging that "Mr Jones misconducted himself by striking at another runner prior to the start of Race 8”, More FM Discretionary Handicap Pace, on the first day of the meeting on 10 June 2011.
The information was served on Mr Jones on 12 June 2011 and was heard on that date.
Mr Jones was present at the hearing of the information and he indicated that he denied the breach.
Rule 303 provides as follows:
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction or instruction of any Stipendiary Steward, Racecourse Inspector or Starter.
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction or instruction of any Stipendiary Steward, Racecourse Inspector or Starter.
facts:
Mr Ray said that, just prior to the start of Race 8 on the first day of the meeting, NIKITA BROMAC, which had drawn inside Mr Jones’ horse ESPRIT JACCKA at the 2400 metres standing start point, reared and “got caught in the sulky” of Mr Jones. It was there for a time prior to being released, he said. Just prior to Mr Jones getting out of his sulky, he had struck out at NIKITA BROMAC and hence the present charge. He had struck out with his left hand in the vicinity of NIKITA BROMAC’s head, Mr Ray alleged.
Mr Ray showed a video replay of the incident. He pointed out Mr Jones “lash out”. He conceded that Mr Jones was in a “difficult position” but the Stewards felt that his action was not necessary. Mr Jones had admitted to the Stewards that he did strike out at NIKITA BROMAC, Mr Ray said.
Mr Jones said that he could not deny striking the horse. NIKITA BROMAC was laying on top of him and that pushing it away to enable him to get out of the sulky was not misconduct, he submitted. The horse had been attempting the whole time to lay down. It had landed on his leg the first time and it was fortunate that it did not end up right on top of him. Mr Jones said that he had drawn 7 with ESPRIT JACCKA and that NIKITA BROMAC had drawn 4 so it had come from “pretty wide, pretty quick”. He had pushed the horse on the head, on the spur of the moment, to get it out of the way as he did not want it to fall on him while he was still sitting in the sulky. The horse’s feet were over the shaft of Mr Jones’ sulky and not on the ground. He was able to get out of his sulky after he had pushed NIKITA BROMAC away. In response to questions from the Committee, Mr Jones said that he had used an open palm and that such an incident was very rare. While it may not have looked good, it was purely a safety issue, Mr Jones submitted.
Mr Ray stated that the Stewards fully accepted that Mr Jones had been placed in an awkward position but they felt this action was unnecessary and suggested that there was an element of frustration in his actions.
appealdecision:
isappeal:
submissionsfordecision:
See above.
reasonsfordecision:
The Committee listened to the evidence and submissions of both parties and carefully viewed the video replays of the incident.
It was clear, and not denied by Mr Jones, that Mr Jones did strike out at NIKITA BROMAC when that horse, on his inside, had reared and come down with both its forelegs in Mr Jones’ sulky. The question for the Committee is did Mr Jones’ actions amount to misconduct in terms of Rule 303 (2)?
The Committee was satisfied that Mr Jones’ actions in pushing NIKITA BROMAC, and it found that it was no more than that, were instinctive and motivated by a legitimate concern for his own physical wellbeing in the circumstances. The Committee was satisfied that he was justified in fearing that NIKITA BROMAC might fall on him with the very real possibility that he might be injured as a result. Mr Jones clearly needed to take urgent defensive action. “Misconduct” in the context of a charge under the Rule, in the Committee’s view, requires wrongful, improper or unlawful conduct, motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one’s acts. Mr Jones’ actions did not come within that definition.
Taking all of the circumstances into account, the Committee was satisfied that Mr Jones, in pushing NIKITA BROMAC, did not misconduct himself.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 303(2)
Informant: Mr A L Ray - Stipendiary Steward
JockeysandTrainer: Mr M P Jones - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2ea4ef2f1758b8bb6991df848c284c8f
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:
race_pm2:
meetid: c9788c44855b6ef2b172a519e2f39854
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/06/2011
meet_title: Nelson HRC - 12 June 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Nelson HRC