NZ Metro TC 13 April 2016 – R 7 – Chair, Mr R McKenzie
ID: JCA14638
Meet Title:
NZ Metro TC - 13 April 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/04/13
Race Number:
R7
Decision:
The charge was found proved.
Penalty:
Mr Higgs was fined the sum of $400.
Facts:
Following the running of Race 7, Piazzo D’Oro Espresso – Brenda’s Takeaways in Waiau Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr W E Higgs, alleging a breach of Rule 869 (3) (b) in that Mr Higgs, as the driver of CORINGA DELIGHT in the race, “drove carelessly after 200 metres when shifting inwards when not clear of DROVER’S EYRE (J C Morrison) and NERIDA FRANCO (C D Thornley) which broke”.
Mr Higgs was present at the hearing of the information and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr Ydgren showed video replays of the first 200-300 metres of the race, a 2000 metres standing start event. He pointed out CORINGA DELIGHT, driven by Mr Higgs, which had drawn barrier position 8, near the outside of the front line. He then pointed out the horse shift in “at quite a rate” after the start. Mr Ydgren pointed to DROVER’S EYRE, which was on the inside of Mr Higgs and to NERIDA FRANCO on the inside of Mr Morrison.
As a result of Mr Higgs’ inwards movement, Mr Morrison’s horse was taken down the track, resulting in NERIDA FRANCO being checked and breaking, Mr Ydgren said. Mr Morrison had been established to the inside of CORINGA DELIGHT and Mr Thornley was established to the inside of Mr Morrison’s runner, he said.
Mr Thornley said that DROVER’S EYRE had come down on top of his horse and made contact. He had run out of room briefly which caused his horse to gallop. There had been pressure from DROVER’S EYRE on his outside, he said. In response to a question from the Committee, Mr Thornley said that he could not see whether pressure had been put on Mr Morrison, although he could see there were horses outside Mr Morrison.
Mr Morrison told the Committee that Mr Higgs had “cut across” onto his horse and forced him down onto the horses inside him. The legs of Mr Thornley’s horse contacted his sulky and that horse broke. Mr Morrison confirmed that pressure had been placed on him by Mr Higgs on his outside. It had happened so quickly that he had not had time to pull out of it with safety and there was tightening. Mr Morrison confirmed, when asked by Mr Higgs, that there had been no contact between CORINGA DELIGHT and DROVER’S EYRE. Mr Morrison also confirmed that Mr Higgs had eased the pressure when he had called out to Mr Higgs, but the damage had been done, he said.
Mr Ydgren submitted that Mr Higgs had been intent on taking up a position closer to the markers when he had not been sufficiently clear of Mr Morrison. Mr Morrison had called to him but, by that time, interference was inevitable. It would have been prudent for Mr Higgs to restrain and to ensure that the runners inside him were afforded sufficient room. Mr Morrison had been in restricted room some time before he could be seen on the video to be restraining his horse.
Mr Higgs stated that there had been pressure on his horse from another runner coming across in front of him. He showed on the video replay and submitted that his horse’s front legs were to the inside of the sulky wheel of that other runner, CHAPTER ONE (J W Cox). He said that, with his momentum, he had nowhere to go. This resulted in his having to place pressure on Mr Morrison.
He submitted that Mr Morrison, a Junior Driver, would not be accustomed to being in such a position and felt “squeezed”, leading him to do what he did. A more senior driver would not have done that, he said. It was no more than tight racing, with no contact. He submitted that the blame for any interference could not be attached to any one driver. He repeated that Mr Morrison had been racing in tight quarters and had “panicked a little bit” and gone down onto Mr Thornley. Mr Higgs did not deny, when it was put to him by the Committee, that he had come across quickly but he said that was not uncommon and, on this occasion, there had been no contact. He submitted that there was sufficient doubt that he had driven carelessly.
Reasons for Decision:
The Committee found that, shortly after the start, Mr Higgs, driving CORINGA DELIGHT which had drawn barrier position 8 at the 2000 metres standing start, shifted down the track quite quickly in an apparent attempt to take up a position close to the markers and in doing so, we find that he placed downward pressure on DROVER’S EYRE, driven by Mr Morrison, who was established to his inside and to the outside of NERIDA FRANCO, driven by Mr Thornley, some 200 metres after the start.
The pressure that Mr Higgs placed on Mr Morrison’s runner forced Mr Morrison down onto Mr Thornley’s horse resulting in the latter contacting the wheel of Mr Morrison’s sulky and breaking, losing its chance. It was accepted that there was no contact between Mr Higgs and Mr Morrison, but is a well-established principle that there does not need to be contact for interference to take place.
Mr Higgs’ defence was based, principally, on two points. Firstly, that the interference resulted as a result of pressure on him from CHAPTER ONE, driven by Mr Cox, in front of him. The Committee was satisfied that Mr Higgs had placed himself in that position by shifting down at the rate he did and having to, effectively, avoid Mr Cox’s horse. Secondly, Mr Higgs attempted to argue that Mr Morrison’s inexperience had also contributed to the incident which could have been avoided. Likewise, we see no merit in that argument. We find that Mr Higgs had placed Mr Morrison in a position in which he could not avoid being forced down onto Mr Thornley. The Committee does not accept that there was any lack of horsemanship on Mr Morrison’s part. He was placed in a situation by Mr Higgs in which he could do nothing else.
The Committee was satisfied that Mr Higgs had shifted down the track at such a rate that he appeared not to have sufficient control of his horse and that this resulted in undue pressure being placed on Mr Morrison forcing him down on to Mr Thornley with the consequences already referred to.
We found that Mr Higgs’ actions fell short of the standard of a reasonable and prudent driver on this occasion and we were comfortably satisfied that he drove carelessly.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide starting point of a 10-drives’ suspension or a $500 fine. Mr Higgs had a clear record under the Rule. He has had 838 lifetime drives – 28 this season and 52 in the 2014/2015 season. Mr Ydgren said that a fine of between $300 and $400 was appropriate. The carelessness in this case was “mid-level” but a consequence was that the favourite, NERIDA FRANCO, was put out of the race, he said.
Mr Higgs declined to make any submissions as to penalty. He was asked by the Committee whether he was in a position to pay a fine or whether he would prefer the Committee to consider a term of suspension. He declined to state a preference.
Reasons for Penalty:
In arriving at penalty, the Committee took the starting point of a $500 fine as suggested by the Penalty Guide. We did not have any indication from Mr Higgs that he might have preferred a suspension to a fine. Looking at all of the circumstances, the Committee took the view that a fine was an appropriate penalty.
The only mitigating factor was Mr Higgs’ previous good record for which we gave him a discount of $100 from the starting point. The Committee agreed with Mr Ydgren that it was an aggravating factor that the favourite for the race had had its chances extinguished. This would have justified an uplift in the starting point but the Committee has not applied an uplift after considering all of the circumstances of the breach, including Mr Ydgren’s submission that the carelessness was mid-level and his submission for a fine in the range of $300-400.
JCA Decision Fields (raw)
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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: 9e647aa1ef651e1a6745122e09733164
informantnumber: A8025
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 15/04/2016
hearing_title: NZ Metro TC 13 April 2016 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, Piazzo D’Oro Espresso – Brenda’s Takeaways in Waiau Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr W E Higgs, alleging a breach of Rule 869 (3) (b) in that Mr Higgs, as the driver of CORINGA DELIGHT in the race, “drove carelessly after 200 metres when shifting inwards when not clear of DROVER’S EYRE (J C Morrison) and NERIDA FRANCO (C D Thornley) which broke”.
Mr Higgs was present at the hearing of the information and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed video replays of the first 200-300 metres of the race, a 2000 metres standing start event. He pointed out CORINGA DELIGHT, driven by Mr Higgs, which had drawn barrier position 8, near the outside of the front line. He then pointed out the horse shift in “at quite a rate” after the start. Mr Ydgren pointed to DROVER’S EYRE, which was on the inside of Mr Higgs and to NERIDA FRANCO on the inside of Mr Morrison.
As a result of Mr Higgs’ inwards movement, Mr Morrison’s horse was taken down the track, resulting in NERIDA FRANCO being checked and breaking, Mr Ydgren said. Mr Morrison had been established to the inside of CORINGA DELIGHT and Mr Thornley was established to the inside of Mr Morrison’s runner, he said.
Mr Thornley said that DROVER’S EYRE had come down on top of his horse and made contact. He had run out of room briefly which caused his horse to gallop. There had been pressure from DROVER’S EYRE on his outside, he said. In response to a question from the Committee, Mr Thornley said that he could not see whether pressure had been put on Mr Morrison, although he could see there were horses outside Mr Morrison.
Mr Morrison told the Committee that Mr Higgs had “cut across” onto his horse and forced him down onto the horses inside him. The legs of Mr Thornley’s horse contacted his sulky and that horse broke. Mr Morrison confirmed that pressure had been placed on him by Mr Higgs on his outside. It had happened so quickly that he had not had time to pull out of it with safety and there was tightening. Mr Morrison confirmed, when asked by Mr Higgs, that there had been no contact between CORINGA DELIGHT and DROVER’S EYRE. Mr Morrison also confirmed that Mr Higgs had eased the pressure when he had called out to Mr Higgs, but the damage had been done, he said.
Mr Ydgren submitted that Mr Higgs had been intent on taking up a position closer to the markers when he had not been sufficiently clear of Mr Morrison. Mr Morrison had called to him but, by that time, interference was inevitable. It would have been prudent for Mr Higgs to restrain and to ensure that the runners inside him were afforded sufficient room. Mr Morrison had been in restricted room some time before he could be seen on the video to be restraining his horse.
Mr Higgs stated that there had been pressure on his horse from another runner coming across in front of him. He showed on the video replay and submitted that his horse’s front legs were to the inside of the sulky wheel of that other runner, CHAPTER ONE (J W Cox). He said that, with his momentum, he had nowhere to go. This resulted in his having to place pressure on Mr Morrison.
He submitted that Mr Morrison, a Junior Driver, would not be accustomed to being in such a position and felt “squeezed”, leading him to do what he did. A more senior driver would not have done that, he said. It was no more than tight racing, with no contact. He submitted that the blame for any interference could not be attached to any one driver. He repeated that Mr Morrison had been racing in tight quarters and had “panicked a little bit” and gone down onto Mr Thornley. Mr Higgs did not deny, when it was put to him by the Committee, that he had come across quickly but he said that was not uncommon and, on this occasion, there had been no contact. He submitted that there was sufficient doubt that he had driven carelessly.
reasonsfordecision:
The Committee found that, shortly after the start, Mr Higgs, driving CORINGA DELIGHT which had drawn barrier position 8 at the 2000 metres standing start, shifted down the track quite quickly in an apparent attempt to take up a position close to the markers and in doing so, we find that he placed downward pressure on DROVER’S EYRE, driven by Mr Morrison, who was established to his inside and to the outside of NERIDA FRANCO, driven by Mr Thornley, some 200 metres after the start.
The pressure that Mr Higgs placed on Mr Morrison’s runner forced Mr Morrison down onto Mr Thornley’s horse resulting in the latter contacting the wheel of Mr Morrison’s sulky and breaking, losing its chance. It was accepted that there was no contact between Mr Higgs and Mr Morrison, but is a well-established principle that there does not need to be contact for interference to take place.
Mr Higgs’ defence was based, principally, on two points. Firstly, that the interference resulted as a result of pressure on him from CHAPTER ONE, driven by Mr Cox, in front of him. The Committee was satisfied that Mr Higgs had placed himself in that position by shifting down at the rate he did and having to, effectively, avoid Mr Cox’s horse. Secondly, Mr Higgs attempted to argue that Mr Morrison’s inexperience had also contributed to the incident which could have been avoided. Likewise, we see no merit in that argument. We find that Mr Higgs had placed Mr Morrison in a position in which he could not avoid being forced down onto Mr Thornley. The Committee does not accept that there was any lack of horsemanship on Mr Morrison’s part. He was placed in a situation by Mr Higgs in which he could do nothing else.
The Committee was satisfied that Mr Higgs had shifted down the track at such a rate that he appeared not to have sufficient control of his horse and that this resulted in undue pressure being placed on Mr Morrison forcing him down on to Mr Thornley with the consequences already referred to.
We found that Mr Higgs’ actions fell short of the standard of a reasonable and prudent driver on this occasion and we were comfortably satisfied that he drove carelessly.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide starting point of a 10-drives’ suspension or a $500 fine. Mr Higgs had a clear record under the Rule. He has had 838 lifetime drives – 28 this season and 52 in the 2014/2015 season. Mr Ydgren said that a fine of between $300 and $400 was appropriate. The carelessness in this case was “mid-level” but a consequence was that the favourite, NERIDA FRANCO, was put out of the race, he said.
Mr Higgs declined to make any submissions as to penalty. He was asked by the Committee whether he was in a position to pay a fine or whether he would prefer the Committee to consider a term of suspension. He declined to state a preference.
reasonsforpenalty:
In arriving at penalty, the Committee took the starting point of a $500 fine as suggested by the Penalty Guide. We did not have any indication from Mr Higgs that he might have preferred a suspension to a fine. Looking at all of the circumstances, the Committee took the view that a fine was an appropriate penalty.
The only mitigating factor was Mr Higgs’ previous good record for which we gave him a discount of $100 from the starting point. The Committee agreed with Mr Ydgren that it was an aggravating factor that the favourite for the race had had its chances extinguished. This would have justified an uplift in the starting point but the Committee has not applied an uplift after considering all of the circumstances of the breach, including Mr Ydgren’s submission that the carelessness was mid-level and his submission for a fine in the range of $300-400.
penalty:
Mr Higgs was fined the sum of $400.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: W E Higgs, Licensed Open Horseman
Otherperson: J C Morrison, Licensed Junior Horseman, C D Thornley, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
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race_title: R7
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meetdate: 13/04/2016
meet_title: NZ Metro TC - 13 April 2016
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name: NZ Metro TC