Archive Decision

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NZ Metro TC 11 October 2013 – R 9

ID: JCA15999

Applicant:
N G McIntyre, Co-Chief Stipendiary Steward

Respondent(s):
R T May, Licensed Open Driver

Other Person:
M P Jones, Licensed Open Driver

Information Number:
A1660

Hearing Type:
Hearing

Rules:
869(5)

Plea:
denied

Meet Title:
NZ Metro TC - 11 October 2013

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2013/10/11

Race Number:
R9

Decision:

The charge was found proved. 

Penalty:

Mr May was fined the sum of $200. 

Charge:

Half Carting 

Facts:

Following the running of Race 9, Glenferrie Farm “Canterbury Classic” (Group 2), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R T May, alleging that Mr May, as the driver of TERROR TO LOVE in the race, “failed to follow the sulky seat of the horse in front of him between the 1500 metres and the 1350 metres instead electing to place his horse on the sulky wheel thereby half-carting”.

Mr May was present at the hearing of the information and he indicated that he denied the breach.

Rule 869 provides as follows:

(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.

Submissions for Decision:

Mr McIntyre used video replays of the relevant part of the race. He pointed out the field approaching the 1600 metres where Mr May was 4-back on the pylons, on the wheel of EASY ON THE EYE (P C Ferguson). Following Mr May was CHOISE ACHIEVER (M P Jones) and, behind him was JASON RULZ (R D Close). Mr Close was “half in, half out” and Mr Jones was on the back of Mr May, Mr McIntyre said. Mr May was on the wheel of Mr Ferguson, making the trailing runners “half further out” than they should be, leaving Mr Close in the middle of two other runners, he submitted.

Mr McIntyre alleged that Mr May was positioned on the wheel of Mr Ferguson from approximately the 1500 metres to the 1350 metres, leaving the drivers following unsure of whether Mr May was going to stay in or come out. Mr McIntyre submitted that the following drivers probably knew that Mr May was going to come out, but that did not give Mr May the right to sit on the wheel of the runner he was trailing.

Mr McIntyre then pointed out Mr May come out fully when he saw MAH SISH (A M Butt) improving round the field.

Mr May said that the horse always runs out in the straights, which made the incident look worse. He submitted that similar situations occurred in every race and, in this instance, it was not serious.

Mr May denied that he had been on Mr Ferguson’s wheel for 150 metres. It had been a slow-run race, which made it worse. He did not cause trouble to any other horse. Mr Butt had already commenced his move, he submitted. Mr May, in response to a question from the Committee agreed that he had half-carted for 100 metres but less than the 150 metres alleged by the Stewards.

Mr Jones said that he believed that Mr May was always going to go when he went and he, Mr Jones, had only gone for 20-30 metres before Mr May came out in front of him. Mr Close had been waiting for him to come out, Mr Jones said. Mr Jones said that Mr May’s horse’s head was just outside of Mr Ferguson’s helmet but in line with FRANCO LEDGER, which was trailing the leader. Mr Ferguson’s horse had laid in rounding the bend, he said. 

Reasons for Decision:

The allegation of the Stewards in this case is that Mr May had half-carted on TERROR TO LOVE for a distance of approximately 150 metres between the 1500 metres and the 1350 metres.

Mr May had denied the charge but, during the course of the hearing, he admitted that he had half-carted for a distance but he disputed that he had done so for a distance of 150 metres – he said 100 metres but not 150 metres.

Mr Jones was called by Mr May as a witness but, in the Committee’s view, he did not provide much assistance to Mr May and the Committee found his evidence somewhat vague and unsatisfactory.

In the Committee’s view, the video replays clearly showed that Mr May had failed to trail with his horse’s head behind the seat of the sulky of the horse in front for some distance – in other words, he had half-carted. The Committee was satisfied that regardless of the distance over which Mr May had half-carted, whether 100 or 150 metres, it was over a sufficient distance to constitute a breach of the Rule.

While Mr May disputed the distance, the Committee was satisfied that the charge had been proved to a satisfactory standard. 

Submissions for Penalty:

Mr McIntyre told the Committee that Mr May has had 98 drives in the current season and, in the 2012/2013 season, he had 760 drives. He has a clear record under the Rule. Mr McIntyre referred to the Penalty Guide which prescribes a starting point for a breach of the Rule of a fine of $200. He submitted that the Committee should have regard to the status of the race (Group 2) and the stake payable ($40,000).

Mr May said that there was little he could say in relation to penalty except to ask the Committee to consider that he does a lot of driving. 

Reasons for Penalty:

The Committee took, as a starting point for determining penalty, a fine of $200 as recommended by the Penalty Guide. Mr May was entitled to a discount for his previous good record. However, the status of the race and the stake payable had to be taken into account. The Committee viewed the breach as being at the lower end of the scale.  

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: addc423f4cffd935fa6fa714b59b7b15


informantnumber: A1660


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 09/10/2013


hearing_title: NZ Metro TC 11 October 2013 - R 9


charge:

Half Carting 


facts:

Following the running of Race 9, Glenferrie Farm “Canterbury Classic” (Group 2), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R T May, alleging that Mr May, as the driver of TERROR TO LOVE in the race, “failed to follow the sulky seat of the horse in front of him between the 1500 metres and the 1350 metres instead electing to place his horse on the sulky wheel thereby half-carting”.

Mr May was present at the hearing of the information and he indicated that he denied the breach.

Rule 869 provides as follows:

(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre used video replays of the relevant part of the race. He pointed out the field approaching the 1600 metres where Mr May was 4-back on the pylons, on the wheel of EASY ON THE EYE (P C Ferguson). Following Mr May was CHOISE ACHIEVER (M P Jones) and, behind him was JASON RULZ (R D Close). Mr Close was “half in, half out” and Mr Jones was on the back of Mr May, Mr McIntyre said. Mr May was on the wheel of Mr Ferguson, making the trailing runners “half further out” than they should be, leaving Mr Close in the middle of two other runners, he submitted.

Mr McIntyre alleged that Mr May was positioned on the wheel of Mr Ferguson from approximately the 1500 metres to the 1350 metres, leaving the drivers following unsure of whether Mr May was going to stay in or come out. Mr McIntyre submitted that the following drivers probably knew that Mr May was going to come out, but that did not give Mr May the right to sit on the wheel of the runner he was trailing.

Mr McIntyre then pointed out Mr May come out fully when he saw MAH SISH (A M Butt) improving round the field.

Mr May said that the horse always runs out in the straights, which made the incident look worse. He submitted that similar situations occurred in every race and, in this instance, it was not serious.

Mr May denied that he had been on Mr Ferguson’s wheel for 150 metres. It had been a slow-run race, which made it worse. He did not cause trouble to any other horse. Mr Butt had already commenced his move, he submitted. Mr May, in response to a question from the Committee agreed that he had half-carted for 100 metres but less than the 150 metres alleged by the Stewards.

Mr Jones said that he believed that Mr May was always going to go when he went and he, Mr Jones, had only gone for 20-30 metres before Mr May came out in front of him. Mr Close had been waiting for him to come out, Mr Jones said. Mr Jones said that Mr May’s horse’s head was just outside of Mr Ferguson’s helmet but in line with FRANCO LEDGER, which was trailing the leader. Mr Ferguson’s horse had laid in rounding the bend, he said. 


reasonsfordecision:

The allegation of the Stewards in this case is that Mr May had half-carted on TERROR TO LOVE for a distance of approximately 150 metres between the 1500 metres and the 1350 metres.

Mr May had denied the charge but, during the course of the hearing, he admitted that he had half-carted for a distance but he disputed that he had done so for a distance of 150 metres – he said 100 metres but not 150 metres.

Mr Jones was called by Mr May as a witness but, in the Committee’s view, he did not provide much assistance to Mr May and the Committee found his evidence somewhat vague and unsatisfactory.

In the Committee’s view, the video replays clearly showed that Mr May had failed to trail with his horse’s head behind the seat of the sulky of the horse in front for some distance – in other words, he had half-carted. The Committee was satisfied that regardless of the distance over which Mr May had half-carted, whether 100 or 150 metres, it was over a sufficient distance to constitute a breach of the Rule.

While Mr May disputed the distance, the Committee was satisfied that the charge had been proved to a satisfactory standard. 


Decision:

The charge was found proved. 


sumissionsforpenalty:

Mr McIntyre told the Committee that Mr May has had 98 drives in the current season and, in the 2012/2013 season, he had 760 drives. He has a clear record under the Rule. Mr McIntyre referred to the Penalty Guide which prescribes a starting point for a breach of the Rule of a fine of $200. He submitted that the Committee should have regard to the status of the race (Group 2) and the stake payable ($40,000).

Mr May said that there was little he could say in relation to penalty except to ask the Committee to consider that he does a lot of driving. 


reasonsforpenalty:

The Committee took, as a starting point for determining penalty, a fine of $200 as recommended by the Penalty Guide. Mr May was entitled to a discount for his previous good record. However, the status of the race and the stake payable had to be taken into account. The Committee viewed the breach as being at the lower end of the scale.  


penalty:

Mr May was fined the sum of $200. 


hearing_type: Hearing


Rules: 869(5)


Informant: N G McIntyre, Co-Chief Stipendiary Steward


JockeysandTrainer: R T May, Licensed Open Driver


Otherperson: M P Jones, Licensed Open Driver


PersonPresent:


Respondent:


StipendSteward:


raceid: cf248bdd1fb858d2f60f3ca59b2c6f1c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


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race_km:


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meetid: 77861a5f75ee3bfd36c7ab12ec12f77c


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meet_noreport: 0


waitingforpublication: 0


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meetdate: 11/10/2013


meet_title: NZ Metro TC - 11 October 2013


meet_expappcomment:


meet_km:


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tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: NZ Metro TC