NZ Metro TC 11 February 2011 – R 9
ID: JCA16194
Meet Title:
NZ Metro TC - 11 February 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/02/11
Race Number:
R9
Decision:
The charge was dismissed.
Charge:
Alleging breach of Rule 869(3)(b)
Facts:
Following the running of Race 9, the Theo’s Fisheries Ltd Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr S. R. McNally, the driver of “Southern Sally” (10), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
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 rounding the final bend Mr McNally allowed his runner (Southern Sally) to shift inwards causing tightening and interference to Fox in Socks, Sugar Rush and Shamrock Lass.”
Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr McNally had indicated on the Information that this breach of the Rules was not admitted, and he agreed that he understood the charge and the Rule it was brought used.
Submissions for Decision:
Stipendiary Steward Mr N. M. Ydgren used video coverage to illustrate that when rounding the final bend Mr McNally was four wide. At this time Mr McNally pulled the ear plugs and at the same time his horse moved inwards tightening “Fox in Socks” and two other horses on his inside. All these three horses suffered varying amounts of interference because of this incident.
Mr McIntyre said that Mr McNally had allowed his horse to move inwards and that this was careless.
Mr McNally said that very shortly after he pulled the ear plugs his horse had ducked in, and he took immediate action to correct this inwards movement. Mr McNally illustrated on the video coverage that he was well clear of the inside horses when he pulled the ear plugs, and that very shortly after there was tightening to the horses inside of him. He also pointed out that he stopped driving his horse, and made an effort to relieve the pressure.
In answer to questions Mr McNally said that there was no inherent difficulty when pulling ear plugs on a bend, and nor did he have any less control of his horse when doing so.
Mr M. P. Edmonds, the driver of “Fox in Socks”, which was travelling immediately inside Mr McNally’s horse, was called by Mr McNally to give evidence on his behalf. Mr Edmonds said that there was ample room between his horse and “Southern Sally”, but then this horse ducked in, and this is what caused the problem. It was also established that Mr Edmonds had called out to Mr McNally, and that Mr McNally had heard this call.
We then adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage. There was no dispute that there had been interference by “Southern Sally” to the three horses on its inside. The question for us to decide was whether this interference had been caused by Mr McNally’s carelessness, or by “Southern Sally” ducking in.
Although first impressions were that Mr McNally had allowed his horse to move inwards, we also took into account that this incident happened very quickly, and that both Mr McNally and Mr Edmonds said that “Southern Sally” ducked in. It was also relevant that at this time Mr McNally immediately stopped driving his horse and tried to relieve the pressure.
We decided that in this case we were not satisfied to a sufficient degree that Mr McNally had been careless and that the charge should be dismissed.
On resuming the hearing we advised that parties that a written decision with full reasons would be given later, and we gave the following oral decision.
“Having heard the evidence and having seen the video coverage, we are satisfied that on the final bend Mr McNally’s horse caused interference to three other horses.
The Stipendiary Stewards case was that Mr McNally allowed his horse to shift inwards.
Mr McNally’s defence was that his horse ducked in shortly after he pulled the ear plugs. Mr Edmonds also gave evidence that Mr McNally’s horse ducked in.
After reviewing the evidence we are satisfied that Mr McNally should be given the benefit of the doubt in this case, as we are not satisfied to a sufficient degree that he drove carelessly, and the charge is dismissed."
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: c81b0d91dcb666bf06db2c10157e8985
informantnumber: 69434
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 09/02/2011
hearing_title: NZ Metro TC 11 February 2011 - R 9
charge:
Alleging breach of Rule 869(3)(b)
facts:
Following the running of Race 9, the Theo’s Fisheries Ltd Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr S. R. McNally, the driver of “Southern Sally” (10), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
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 rounding the final bend Mr McNally allowed his runner (Southern Sally) to shift inwards causing tightening and interference to Fox in Socks, Sugar Rush and Shamrock Lass.”
Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr McNally had indicated on the Information that this breach of the Rules was not admitted, and he agreed that he understood the charge and the Rule it was brought used.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr N. M. Ydgren used video coverage to illustrate that when rounding the final bend Mr McNally was four wide. At this time Mr McNally pulled the ear plugs and at the same time his horse moved inwards tightening “Fox in Socks” and two other horses on his inside. All these three horses suffered varying amounts of interference because of this incident.
Mr McIntyre said that Mr McNally had allowed his horse to move inwards and that this was careless.
Mr McNally said that very shortly after he pulled the ear plugs his horse had ducked in, and he took immediate action to correct this inwards movement. Mr McNally illustrated on the video coverage that he was well clear of the inside horses when he pulled the ear plugs, and that very shortly after there was tightening to the horses inside of him. He also pointed out that he stopped driving his horse, and made an effort to relieve the pressure.
In answer to questions Mr McNally said that there was no inherent difficulty when pulling ear plugs on a bend, and nor did he have any less control of his horse when doing so.
Mr M. P. Edmonds, the driver of “Fox in Socks”, which was travelling immediately inside Mr McNally’s horse, was called by Mr McNally to give evidence on his behalf. Mr Edmonds said that there was ample room between his horse and “Southern Sally”, but then this horse ducked in, and this is what caused the problem. It was also established that Mr Edmonds had called out to Mr McNally, and that Mr McNally had heard this call.
We then adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage. There was no dispute that there had been interference by “Southern Sally” to the three horses on its inside. The question for us to decide was whether this interference had been caused by Mr McNally’s carelessness, or by “Southern Sally” ducking in.
Although first impressions were that Mr McNally had allowed his horse to move inwards, we also took into account that this incident happened very quickly, and that both Mr McNally and Mr Edmonds said that “Southern Sally” ducked in. It was also relevant that at this time Mr McNally immediately stopped driving his horse and tried to relieve the pressure.
We decided that in this case we were not satisfied to a sufficient degree that Mr McNally had been careless and that the charge should be dismissed.
On resuming the hearing we advised that parties that a written decision with full reasons would be given later, and we gave the following oral decision.
“Having heard the evidence and having seen the video coverage, we are satisfied that on the final bend Mr McNally’s horse caused interference to three other horses.
The Stipendiary Stewards case was that Mr McNally allowed his horse to shift inwards.
Mr McNally’s defence was that his horse ducked in shortly after he pulled the ear plugs. Mr Edmonds also gave evidence that Mr McNally’s horse ducked in.
After reviewing the evidence we are satisfied that Mr McNally should be given the benefit of the doubt in this case, as we are not satisfied to a sufficient degree that he drove carelessly, and the charge is dismissed."
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N. G. McIntyre - Stipendiary Steward
JockeysandTrainer: Mr S. R. McNally - Open Horseman
Otherperson: Mr M. P. Edmonds - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 9e5457e66e231a4b428f818b24726795
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 626595543b34d8f1cfb0e3b867b1cff0
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/02/2011
meet_title: NZ Metro TC - 11 February 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "RMcKenzie", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}, {"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC