NZ Metro TC – 10 May 2008 – Race 7

hearingid: 3e52fdb601dfb2d00c451bf01ccb1e93

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hearing_racingtype: harness-racing

startdate: 10/05/2008

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decisiondate: no date provided

hearing_title: NZ Metro TC - 10 May 2008 - Race 7

charge:

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Decision:

Following the running of Race 7, the PGG Wrightson NZ Yearling Sales Series 2 – Year – Old Open, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. J. House, the driver of “McKay” (8), alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that M. House drove carelessly when striking the sulky of “The Force” causing his horse McKay to break.”

Rule 869(3)(b) reads as follows.

“No horseman in any race shall drive carelessly.”

Mr House had indicated on the information that he did not admit this breach

of the rules, and he confirmed this at the hearing.

Stipendiary Steward Mr McIntyre used video coverage to show that on entering the home straight with about 1500 metres to run Mr House had been pushed down into the two out line by Mr P. Ferguson who was driving “Antares”.  After this “McKay” progressed for about eight strides before striking the sulky of “The Force”, driven by Mr D. Earnshaw, when it broke and lost its chance.  It was also pointed out that Mr Earnshaw had looked around at the time of the contact.

Mr House gave evidence that at the time he got pushed down, the two out line was coming back, and the shoulder of his horse touched the wheel of the horse in front of him, this being “The Force”.  He also said that only one shortener had come out when he pulled them, and that this had contributed to the problem. Mr House believed that the incident was purely bad luck, and just a normal racing incident.

It was also Mr House’s evidence that “McKay” was a young and inexperienced horse, and this had also contributed to the problem.

Mr Escott asked Mr House if the push down was fair, and Mr House agreed that it was.  Mr Escott also took issue with Mr House’s evidence that he had only gone two strides after the push down when contact was made with “The Force”.  It was Mr Escott’s case that “McKay” had in fact taken at least six or eight strides before contact was made.  Mr House did not agree with this assertion.

Mr Escott also put it to Mr House that he was not restraining “McKay” prior to the incident, and that it was his responsibility to avoid contact. Mr House repeated that the horses in front of him were coming back, and he disputed that he was making no effort to restrain his horse.

We adjourned to consider our decision. We found that the following facts had been established.

-         The “easing down” of “McKay” was a legitimate manoeuvre carried out safely.

-         After “McKay” was established in the two out line he paced for at least eight strides before the incident occurred.

-         That Mr House made no apparent effort to restrain his horse in order to avoid contact.

After reviewing all the evidence we were satisfied that Mr House had not exercised the care required from a reasonably prudent horseman, and that he had therefore been careless.  We were satisfied that the charge of careless driving had been proved.

On returning to the Enquiry Room we advised the parties that a full written decision would be given later, and we gave the following oral decision.

“Having seen the video coverage, and having heard the evidence we are satisfied that with about 1500 metres to run “McKay” was legitimately “eased down” into the two out line behind “The Force” driven by Mr Earnshaw. “McKay” continued in this position for at least eight strides before striking “The Force” and breaking.

We find that Mr House allowed “McKay” to strike the horse in front of him, and we reject Mr House’s assertion that he was trying to restrain his horse and we find the charge proved.”

Penalty: 

Mr Escott advised that Mr House had no previous relevant convictions within the last 12 months for careless driving.  Mr Escott said that taking into account the status of the race (a Listed $220,000-00 race) he recommended a fine of between $400-00 and $500-00.

Mr House did not address the matter of penalty directly, but we were able to establish that he would prefer a fine to a suspension. Mr House left the Enquiry Room before the matter of an appropriate penalty could be fully dealt with, and he made it quite clear that he would not be returning to hear our decision.

We adjourned to consider the matter of penalty.  We were satisfied that the starting point for careless driving in a major race, which this was, is a fine of $600-00 and/or a suspension for three weeks.  We were satisfied that this was a very poor piece of driving by Mr House, and that as a result his horse had lost it’s chance in the race.  Mr House has no previous convictions, and this is in his favour.  Taking all these matters into account we were satisfied that a fine at the high end of the range recommended by Mr Escott was appropriate.

On returning to the Enquiry Room it was confirmed that Mr House would not be attending, and we gave the following decision on penalty.

“Having heard submissions on penalty we are satisfied that the recommended penalty for careless driving in a major race is a fine of $600-00 and/or a three week suspension.  We take into account Mr House’s good record and are satisfied that a fine of $500-00 is appropriate in this case, and Mr House is fined that amount.

Footnote:

We also mention the unacceptable behaviour exhibited by Mr House towards the end of this hearing.  Mr House is a senior trainer and horseman and his behaviour was totally inappropriate and brought no credit on him.

J.  M. Phelan

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hearing_type: Old Hearing

Rules: 869.3.b

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raceid: da550ef6525548f66a13db8fc710c66c

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race_title: Race 7

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meetdate: 10/05/2008

meet_title: NZ Metro TC - 10 May 2008

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tracklocation: nz-metro-tc

meet_racingtype: harness-racing

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name: NZ Metro TC