Non Raceday Inquiry RIU v K Cox – decision dated 29 January 2016 – Chair, Mr S Ching

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decisiondate: 03/02/2016

hearing_title: Non Raceday Inquiry RIU v K Cox - decision dated 29 January 2016 - Chair, Mr S Ching

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Decision:

BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the

New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A8053

BETWEEN MR N MCINTYRE,

Co-Chief Stipendiary Steward for the Racing Integrity Unit

Informant

AND MISS K COX, Licensed Junior Horsewoman

Respondent

Date of Hearing: 29 January 2016

Venue: Addington Raceway, Christchurch

Judicial Committee: Mr S Ching, Chair – Mr G Clapp, Committee Member

Present: Mr N McIntyre, Co-Chief Stipendiary Steward

Ms K Cox, the Respondent

Mr K Barron, Open Horseman assisting Ms Cox

Date of Decision: 29 January 2016

DECISION OF JUDICIAL COMMITTEE

The Charge

[1] Information No. A8053 alleges that:

On the 28th day of December 2016, Miss Cox, being the driver of DIAMOND DELIGHT in Race 9, the Speights McManus Hotel Mobile Pace, at the Westport Trotting Club meeting, drove carelessly by allowing her runner to improve downwards when not sufficiently clear of YOU BETTOR RULE, nearing the 700m, resulting in YOU BETTOR RULE breaking.

The Rules

[2] Rule 869 (3)(b) provides as follows:

(3) No horseman in any race shall drive:-

(a) incompetently;

(b) carelessly;

The Plea

[3] Miss Cox had signed the Statement by the Respondent at the foot of the information form indicating that she denied the breach of the Rule. She confirmed this at the hearing. Miss Cox also confirmed that she understood the Rule she was being charged under. Miss Cox, a Junior Horsewoman, was assisted at the hearing by Open Horseman, Mr K Barron.

Summary of Facts

[4] Mr McIntyre gave evidence and produced video replays to show Ms Cox driving DIAMOND DELIGHT, when approaching the 700m, was racing midfield in a 2 wide position on the back of LITTLE MISS, driven by Mr T Jellyman. Inside Mr Jellyman was Mr R Anderson driving A BETTER LOVER. Mr Anderson shifted Mr Jellyman out to a 3 wide position with Miss Cox’s horse following Mr Jellyman out into the 3 wide line. Trailing Miss Cox at this time was Mr G Smith driving YOU BETTOR RULE, who also followed Miss Cox out into the 3 wide line. Mr McIntyre pointed out Mr Smith who directed his horse into a gap on the inside of Miss Cox, which was available after Miss Cox moved out into the 3 wide line on the back of Mr Jellyman. Mr Smith, he said, was improving into this gap and was established inside the wheel of Miss Cox’s horse when she opted to shift down into the gap. He submitted that Miss Cox was not clear when shifting down and as a result Mr Smith had to check with YOU BETTOR RULE breaking. Mr McIntyre said that PERUVIAN LIGHTING, RILEY DYLAN and SARAMON were all checked or inconvenienced by the breaking YOU BETTOR RULE but submitted that all these horses were prone to breaking during the running as they had done earlier in the race.

[5] Miss Cox and Mr Barron reiterated that PERUVIAN LIGHTNING, RILEY DYLAN and SARAMON breaking made the incident look worse. They said that these horses were prone to breaking and pointed this out on the films in the early stages of the race when they broke. They also stated that Mr Jellyman, after being shifted to a 3 wide position eased back rapidly in order to find cover and into the path of Miss Cox which they believe put her in a difficult position.

[6] Miss Cox stated that she was attempting to come down into the 2 wide line but her horse was hanging out and was slow to react to her steering it there. Mr Barron and Miss Cox stated that there was never a full run available for Mr Smith to improve into. They stated that Mr Smith thought there was a clear gap available but when he found there wasn’t a full run he checked back out of the gap. Mr Barron said that Mr Smith’s reaction in going for the gap was quicker than Miss Cox’s but the backward movement of Mr Jellyman’s horse was the probable primary reason for the whole incident.

[7] Mr Barron submitted that Mr Smith has gone to go forward into the gap and has taken only 3 to 4 strides before realising that the gap was not a full run available for him and he has checked out of it.

[8] The Committee believed that evidence from Mr G Smith was required to clarify the issue as to whether there was enough room for him to improve YOU BETTOR RULE into the gap on the inside of DIAMOND DELIGHT in this incident. Mr Smith was made available via telephone and gave evidence to the hearing to the effect that he observed Mr Jellyman get pushed out into the 3 wide line. He also observed Miss Cox’s horse naturally follow Mr Jellyman’s horse out into the 3 wide line leaving a gap on the 2 wide line. Mr Smith stated that he gave Miss Cox ½ a second to start a shift down off Mr Jellyman’s back into the 2 wide line as no one would want to follow Mr Jellyman’s horse and when she made no movement to come down he steered his horse into the gap available on the 2 wide line. Mr Smith said Miss Cox was established in the 3 wide line on the back of Mr Jellyman and that there was sufficient room inside Miss Cox to improve through on the 2 wide line. He stated that when he began to improve into the gap and was established inside Miss Cox’s wheel, her horse began to shift down causing him to check and break.

Decision

[9] The Committee carefully considered the evidence presented in conjunction with the relevant video replays of the incident. We were satisfied that Miss Cox was established in the 3 wide line behind Mr Jellyman near the 700m after Mr Jellyman was shifted out by Mr Anderson. We were also satisfied that Mr Smith followed Miss Cox out into the 3 wide line and when the gap on the inside of Miss Cox presented itself he hesitated thinking she would shift down to the 2 wide line away from Mr Jellyman’s horse who was easing back. Mr Smith gave Miss Cox ½ a second to begin a shift down but when she did not react he opted to take the gap on the inside of Miss Cox. The Committee is satisfied that after viewing the relevant films and hearing Mr Smith’s evidence, that a full gap was available to him to improve into at that point. It was clear to the Committee that Mr Smith was angling into the gap on the 2 wide line several strides prior to Miss Cox turning her horses head inwards in an attempt to shift down into the 2 wide line. We found that Mr Smith was established in the 2 wide line and inside the wheel of Miss Cox’s horse when she shifted down when not clear of Mr Smith causing his horse to check and break. We therefore find the charge proved.

Submissions of Informant on Penalty

[10] Mr McIntyre stated that Miss Cox had been driving for 4 seasons for a total of 793 career drives with 164 drives so far this season and 316 drives last season. He stated that Miss Cox had an excellent record with her record showing only 1 breach of this rule in her career approximately 2 years ago. Mr McIntyre stated that the Stewards believed that the breach was mid-range with the consequences being low to mid-range. Mr McIntyre submitted, that after taking into consideration Miss Cox’s excellent record and the fact she was a Junior Driver, that a fine of no more than $350 be considered as penalty in this case.

Submissions of Respondent on Penalty

[11] Miss Cox submitted that she would prefer a fine as penalty and submitted that a fine of $350 was reasonably high considering the facts.

Mr Barron also said that he believed there should some mitigation with penalty in regard to the awkward situation Miss Cox found herself in behind Mr Jellyman’s retreating horse.

Reasons for Penalty

[12] In determining penalty the Committee took the JCA Penalty Guide starting point of a $500 fine for a breach of this Rule. The Committee agreed with the Stewards submission that the breach was at a mid-level with the consequential effects being low to mid as there was really only one horse affected by this incident. In mitigation Miss Cox could be given credit for her excellent record and her status as a Junior Driver as well as some mitigation, as suggested by Mr Barron, with regard to the difficult situation she found herself in behind a retreating horse.

[13] Taking the starting point of $500 we were able to give Miss Cox a discount of $100 for her excellent record and a further $100 discount for her status as a Junior Driver and mitigating circumstances as mentioned above. We therefore determined that a fine of $300 was an appropriate penalty in this case.

Penalty

[14] Accordingly Miss Cox was fined the sum of $300.

S Ching        G Clapp

Chair            Committee Member

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