Non-Raceday Inquiry – T Shaw

hearingid: fc7ec07f771a2b64cc75c5e0775ca383

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non-Raceday Inquiry - T Shaw

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An Information was lodged by Stipendiary Steward, Mr JM Muirhead against Mr T Shaw the driver of Lord Laxon in Race 4 of the Cambridge-Te Awamutu Harness Racing Club Meeting at Cambridge Raceway on the 6^th of January 2006 in that Mr Shaw drove Lord Laxon in a manner capable of diminishing the chances of his horse winning by duelling for the lead over the initial stages of the race with Legerdemain driven by horsewoman NA Chilcott.

Mr Shaw denied the breach of the Rule.

Rule 869 (3)(g) states ? No horseman in any race shall drive in any manner capable of diminishing the chances of his horse winning.

Present at this Hearing were the following:

Mr T Shaw represented by Mr R Lawson

Mr JM Muirhead appeared for the Informant.

Witnesses called at the Hearing were Mr KA Wells, Secretary/Manager Cambridge-Te Awamutu Harness Racing Club for HRNZ, and Miss NA Chilchott, Licensed Horsewoman for HRNZ and Mr Sean McCaffery as a witness for Mr Shaw.

This Information was first called before the Judicial Committee at the Morrinsville Trotting Club Meeting at Cambridge Raceway on the 15^th of January 2006 and adjourned by that Committee to be heard at Cambridge Raceway on Friday the 20^th of January 2006 to allow the parties reasonable time to prepare for the Hearing. The written consent of the General Manager of Harness Racing New Zealand to satisfy the provisions of Rule 1103 (4)(c) was presented to that Judicial Committee.

Mr Muirhead in presenting his case stated that he was on duty at Cambridge Raceway on the 6^th of January 2006 and he watched Race 4. Mr Muirhead saw that both Mr Shaw and Miss Chilcott went forward quickly from the mobile barrier and split up from the main bunch of horses in the race. Miss Chilcott was in front and was challenged by Mr Shaw. Mr Muirhead further stated that when they reached the mile peg they were well clear of the rest and had travelled at that stage approximately 591 metres. After 1000 metres Mr Shaw's horse started to slow down and with approximately 900 metres to run began to tire and ultimately finished last. Miss Chilcott's horse began give ground with 600 metres to run and finished second to last. Lord Laxon (Mr Shaw's drive) was 58.9 lengths behind the eventual winner and Legerdemain (Miss Chilcott's drive) finished 38.8 lengths behind the winner.

Mr Muirhead then endeavoured to demonstrate the time that these two horses had run over the first part of the race. He experienced some difficulties in that the official time keeping facilities at Cambridge Raceway are not always accurate although the overall time is correct and the last 1200 metres is correctly shown. It is necessary therefore to use a process of deduction to establish the time for the first half of the race. Mr Muirhead also gave evidence of using his stopwatch and viewing the film on several occasions to try to establish the time that the two horses took to run the first 600-700 metres of the race. Mr Muirhead suggested that the horses ran the first 800 metres at an average rate of 56.5 seconds for the half. Mr Muirhead acknowledged that this system was not completely accurate but that it would give the Committee an idea how fast these horses were travelling.

Mr Muirhead also said that he was astonished that they travelled in such a speed and in such a manner over the initial part of the race and that it was because they were used up so much that both horses finished last and second last.

Mr Muirhead stated that Mr Shaw hunted his horse out from the barrier and sped over the early stages and then took on Miss Chilcott in front and did not give up until his horse started to tire. Mr Shaw questioned Mr Muirhead's timing of the race on race night.

Mr Kerry Wells was then called to give evidence and he stated that he was acting in his race night position as a Judge on the 6^th of January. Mr Wells confirmed that the official timing is not accurate and that the first segment was incorrect because the timer clicked over late. He confirmed that the overall time is correct and that the last 1200 metres is accurate but that there are inaccuracies in the timing.

In answer to questions put to him Mr Wells confirmed the inaccuracy of the timing and that some of the times suggested were highly unlikely.

Mr Muirhead then called Miss Chilcott to give evidence concerning her drive. She stated that she led off the gate and wanted to stay in front because she had been instructed by her owners to stay there. She confirmed that Mr Shaw was challenging hard but he did not get to the front at any stage.

Miss Chilcott acknowledged that the horses were travelling quickly over the initial stages of the race although she was not sure of the time but she did think that her horse should have kept going and that in all circumstances the speed was reasonable and she was disappointed in her horse. Miss Chilcott confirmed that in races these days horses have to race hard at both ends of the race or they are not worth having. Miss Chilcott was asked if she had called out to Mr Shaw and she stated that she didn?t look around but she did call out that she was staying in front and although Mr Shaw challenged hard she did expect better of her horse particularly after Mr Shaw's challenge ended after some 600-700 metres from the start.

Mr Shaw then provided his evidence to this Committee. In opening he stated that it appeared that the test for this particular charge is where the horse finishes in a race.

Mr Shaw refuted the suggestion that he had hunted out from the gate and he said that he had driven out in a normal manner and although the horses were going fast over the early stages they all need to travel fast at both the beginning and the end of races these days. Mr Shaw said that the sectional times were neither excessive nor unreasonable and he pointed out the fact that the eventual winner, Smart Logan was able to keep up behind Miss Chilcott's horse and his horse over the early stages. He pointed out that the first two horses had not run away from the rest of the field as was suggested.

Mr Shaw also advised that when the Trainer Mr McCaffery gave him the horse he told him that Lord Laxon was a problem horse that had caused trouble at his last start and was a horse who had a mind of his own. Mr McCaffery told Mr Shaw to let the horse roll along and keep him happy and let him do what he wants to do and that he would be OK in front. Mr McCaffery suggested that mentally the horse didn?t want to be out there and in fact this race would be his last race. Mr Shaw had challenged for the lead and when he was unable to reach the lead his horse, Lord Laxon simply switched off and refused to go any faster and that there was nothing Mr Shaw could do about it.

Mr McCaffery was then called and he confirmed that he was the Trainer of Lord Laxon and he confirmed his instructions to Mr Shaw as previously outlined by Mr Shaw. Mr McCaffery also said that Lord Laxon had more tricks than a magician and Mr Shaw was not to have an argument with him and whatever he was going to do he was going to do and to let him roll along. Mr McCaffery said that on race night Trackside TV Interview he said that his horse was no good and he also told this Committee that at its previous race he had tried to have the horse stood down and he had told the owner that the horse was not worth persevering with.

When asked to comment on the driving, Mr McCaffery said that his horse's performance was unsurprising and that he would have switched off and taken no interest in the race once he did not reach the lead.

When questioned by Mr Muirhead Mr McCaffery said that the horse doesn?t have a future and he confirmed the instructions to Mr Shaw and also said that he did not have a problem with the drive. Mr Muirhead asked him if he was aware that the horse might have run 43 seconds for the first half and Mr McCaffery said that he wouldn?t do that even in the back of a truck. Mr McCaffery said that he didn?t think that Lord Laxon would run a half in 56 although he does have maidens at home who can run the first half in 57 and as far as Mr McCaffery is concerned they need to do so.

Mr Muirhead then in summary stated that Mr Shaw had hunted his horse out from the mobile barrier, had challenged hard for the lead and had not backed off and had driven at a speed that was unreasonable and unacceptable and had diminished the chances of his horse.

Mr Lawson on behalf of Mr Shaw pointed out that firstly there was no factual evidence in relation to timing and that the electronic timing was faulty. He also pointed out the problems associated with the horse and the evidence from its Trainer Mr McCaffery. Mr Lawson further pointed out that the trailing horse was easily able to keep up with the two in front and as a result there was no option for Mr Shaw, as the challenging driver to pull back and pull into the trail. Mr Lawson submitted that the charge had not been proven.

This Judicial Committee has taken into account all the evidence put before it and is also helped by the copies of previous decisions that have been provided to us by Mr Muirhead. This Committee is also helped by the forthright manner in which various witnesses have given their evidence.

Rule 869(3)(g) places an onus on the Informant to prove that the driver's tactics on the horse diminished the horse's chance of winning the race. We are of the view that the Rule requires the Informant to show that but for the tactics of the driver the horse had a chance of winning the race.

This Committee is not satisfied that the Informant in this instance discharged that onus because based on the evidence presented it is unlikely that, however it was driven, Lord Laxon was likely to have won the race. The Committee does sympathise with Mr Muirhead in the difficulties that he experienced because of the electronic timing problems at Cambridge Raceway.

We are however clearly of the view that the charge has not been proven and that it is dismissed for the following reasons:

(a) The inaccuracies with the electronic timing equipment at Cambridge Raceway make it difficult for the Informant to rely on the timing as a basis for a charge.

(b) Mr Shaw did not hunt out Lord Laxon from the mobile barrier as was suggested by Mr Muirhead. Mr Shaw did nothing other than leave the mobile barrier as quickly as possible to obtain a good position in the field. Mr Shaw did not use his whip on the horse not did he slap it with the reins to push it along at the start of the race.

(c) Mr Shaw was driving a horse that had a mind of its own and in the opinion of its Trainer did not have any show. We accept this evidence and accept that when Mr Shaw pulled out from challenging for the lead that Lord Laxon switched off and performed as its Trainer thought it might.

(d) Mr Shaw was entitled to challenge for the lead and although that challenge might have persisted over several hundred metres, Mr Shaw did pull back and from there he did not have any control over how his horse would perform.

(e) Mr Shaw's horse and Miss Chilcott's horse did not run away from the field as alleged and as would normally be expected in a speed dual but the ultimate winner was able to easily trail behind them.

For the above reasons the Information is dismissed.

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hearing_type: Old Hearing

Rules: 869.3.g, 1103.4.c

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