NZ Metro TC – 11 December 2008 – Race 1
ID: JCA20736
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 11 December 2008
Race Date:
2008/12/11
Race Number:
Race 1
Decision:
Following the running of Race 1, Shave Your Lid for a Brave Kid Mobile Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr C B Ford, alleging that Mr Ford, as the driver of SPIRIT OF THE SUN in the Race, “drove carelessly with approximately 1400 metres to run when striking the sulky wheel of TOZZIES SISTER (A E Veint)”.
DECISION AND REASONS:
--Following the running of Race 1, Shave Your Lid for a Brave Kid Mobile Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr C B Ford, alleging that Mr Ford, as the driver of SPIRIT OF THE SUN in the Race, “drove carelessly with approximately 1400 metres to run when striking the sulky wheel of TOZZIES SISTER (A E Veint)”.
----
Mr Ford was present at the hearing of the information and did not admit the breach.
----
Mrs Williams said that SPIRIT OF THE SUN driven by Mr Ford struck the sulky wheel of TOZZIES SISTER with approximately 1400 metres to run, went into a break and caused interference to BERKSHIRE SON (M R Hay), which broke and lost all chance.
----
Mrs Williams showed video replays of the incident. She explained that Mr Ford had improved wide at that point of the Race. TOZZIES SISTER had come off the running line in front of it “in plenty of time”, Mrs Williams alleged, and Mr Ford had continued improving and, although he had taken a hold of the mare, the horse struck the sulky wheel of TOZZIES SISTER. Mrs Williams said that a driver improving at that speed needed to be aware of what the runners in front were doing. Mr Veint had come out but had not progressed forward.
----
Mr Ford did not dispute that his horse had struck the sulky wheel of TOZZIES SISTER. He said that he had been improving round the field to get handier to the leaders and had to “work a bit wider” to get round STORMY LOCH (R B Keats) and had tried to get past TOZZIES SISTER, which had moved off the running line as he got to him and, at that point, struck that horse’s sulky wheel. Mr Ford alleged that there had been a “concertina effect”, TOZZIES PRIDE having moved out to follow another runner that had come out. The speed seemed to “back off”, he said.
----
Following a deliberation, the Committee delivered the following oral decision:
--“I have listened to the evidence of both parties and I have carefully viewed the video replays of the incident from a number of different positions that were shown to us. It is my finding that Mr Ford, driving SPIRIT OF THE SUN, improved quickly entering the straight with approximately 1400 metres to race. At that point, TOZZIES SISTER, driven by Mr Veint, came off the markers in front of Mr Ford. I am satisfied that Mr Veint had completed the outward movement before Mr Ford got up to his wheel and there was no breach of the pushout Rule by him (Mr Ford had suggested that there may have been such a breach). Mr Ford admitted that his mare had struck the wheel of TOZZIES SISTER’s sulky and that was clear from the video replays. This is a case of the facts speaking for themselves – Mr Ford had an obligation not to allow his horse to strike the wheel of the runner in front. This he clearly did not do. A reasonable and prudent driver would have taken care to ensure that he avoided striking the wheel. Mr Ford was guilty of an error of judgment. I therefore find that Mr Ford drove carelessly. I find the charge of careless driving to be proved”.
----
Mrs Williams advised that Mr Ford had a clear record and she recommended a fine of $200.
----
Mr Ford said that he only drove as “a fun hobby” and would prefer not to pay a fine but would prefer a term of suspension. Mr Ford informed the Committee that he had a confirmed drive at the Methven TC meeting on 14 December. The Committee looked at upcoming meetings and suspended Mr Ford’s Graduation Horseman’s licence from after the conclusion of racing on 14 December 2008 up to and including Sunday, 21 December 2008 – 2 days.
----
R G McKenzie
--CHAIRMAN
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: 8626f62f33547043b863452c8c36dd08
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 11/12/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 11 December 2008 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 1, Shave Your Lid for a Brave Kid Mobile Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr C B Ford, alleging that Mr Ford, as the driver of SPIRIT OF THE SUN in the Race, “drove carelessly with approximately 1400 metres to run when striking the sulky wheel of TOZZIES SISTER (A E Veint)”.
DECISION AND REASONS:
--Following the running of Race 1, Shave Your Lid for a Brave Kid Mobile Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr C B Ford, alleging that Mr Ford, as the driver of SPIRIT OF THE SUN in the Race, “drove carelessly with approximately 1400 metres to run when striking the sulky wheel of TOZZIES SISTER (A E Veint)”.
----
Mr Ford was present at the hearing of the information and did not admit the breach.
----
Mrs Williams said that SPIRIT OF THE SUN driven by Mr Ford struck the sulky wheel of TOZZIES SISTER with approximately 1400 metres to run, went into a break and caused interference to BERKSHIRE SON (M R Hay), which broke and lost all chance.
----
Mrs Williams showed video replays of the incident. She explained that Mr Ford had improved wide at that point of the Race. TOZZIES SISTER had come off the running line in front of it “in plenty of time”, Mrs Williams alleged, and Mr Ford had continued improving and, although he had taken a hold of the mare, the horse struck the sulky wheel of TOZZIES SISTER. Mrs Williams said that a driver improving at that speed needed to be aware of what the runners in front were doing. Mr Veint had come out but had not progressed forward.
----
Mr Ford did not dispute that his horse had struck the sulky wheel of TOZZIES SISTER. He said that he had been improving round the field to get handier to the leaders and had to “work a bit wider” to get round STORMY LOCH (R B Keats) and had tried to get past TOZZIES SISTER, which had moved off the running line as he got to him and, at that point, struck that horse’s sulky wheel. Mr Ford alleged that there had been a “concertina effect”, TOZZIES PRIDE having moved out to follow another runner that had come out. The speed seemed to “back off”, he said.
----
Following a deliberation, the Committee delivered the following oral decision:
--“I have listened to the evidence of both parties and I have carefully viewed the video replays of the incident from a number of different positions that were shown to us. It is my finding that Mr Ford, driving SPIRIT OF THE SUN, improved quickly entering the straight with approximately 1400 metres to race. At that point, TOZZIES SISTER, driven by Mr Veint, came off the markers in front of Mr Ford. I am satisfied that Mr Veint had completed the outward movement before Mr Ford got up to his wheel and there was no breach of the pushout Rule by him (Mr Ford had suggested that there may have been such a breach). Mr Ford admitted that his mare had struck the wheel of TOZZIES SISTER’s sulky and that was clear from the video replays. This is a case of the facts speaking for themselves – Mr Ford had an obligation not to allow his horse to strike the wheel of the runner in front. This he clearly did not do. A reasonable and prudent driver would have taken care to ensure that he avoided striking the wheel. Mr Ford was guilty of an error of judgment. I therefore find that Mr Ford drove carelessly. I find the charge of careless driving to be proved”.
----
Mrs Williams advised that Mr Ford had a clear record and she recommended a fine of $200.
----
Mr Ford said that he only drove as “a fun hobby” and would prefer not to pay a fine but would prefer a term of suspension. Mr Ford informed the Committee that he had a confirmed drive at the Methven TC meeting on 14 December. The Committee looked at upcoming meetings and suspended Mr Ford’s Graduation Horseman’s licence from after the conclusion of racing on 14 December 2008 up to and including Sunday, 21 December 2008 – 2 days.
----
R G McKenzie
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3ee8c83f7ea33f3d3538ebfe9cc7d58b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
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race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 332d7fb19ab435767cf88b80a8e6a10b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/12/2008
meet_title: NZ Metro TC - 11 December 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC