NZ Metro TC – 15 October 2004 – Race 7
ID: JCA20556
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 15 October 2004
Race Date:
2004/10/15
Race Number:
Race 7
Decision: --
Following the running of Race 7, the Colombus & Ware ? Menswear Specialists Handicap Trot an information was laid by Stipendiary Steward Mr S. T. Larkins, against Mr J. C. Hay, the driver of "Paris Metro" (3) alleging that Mr Hay had committed a breach of Rule 869(4).
--
DECISION AND REASONS:
--Following the running of Race 7, the Colombus & Ware ? Menswear Specialists Handicap Trot an information was laid by Stipendiary Steward Mr S. T. Larkins, against Mr J. C. Hay, the driver of "Paris Metro" (3) alleging that Mr Hay had committed a breach of Rule 869(4). The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that with approx. 600m J. C. Hay (Paris Metro) drove in a manner causing or likely to cause interference to Sundon's Luck (K. D. Townley) and interfered with it progress when attempting to hold it down in the three out line after being moved wider."
----Rule 869(4) reads as follows.
--"No horseman nor any horse shall during any race do anything which
--interferes or is likely to interfere with any other horseman and/or horse or its progress."
--Mr Hay indicated on the information that he did not admit the breach
--of this rule, and he confirmed this at the hearing.
--Mr Larkins contended that Mr Hay was in a position to relieve the pressure from Mr Townley after being moved wider on the track, but he chose to jostle Mr Townley and left him with little racing room. Mr Hay was the only person who could give Mr Townley racing room and he chose not to do so.
--Mr Larkins called the following witnesses.
--Stipendiary Steward Mrs K. R. Williams said she viewed this incident from the top end of the back straight. Mrs Williams illustrated this incident by means of the video recordings. Mrs Williams said that Mr Townley was in the two wide line when travelling down the back straight for the last time. Mr Townley had been able to move his horse three wide and in doing had been able to move Mr Hay four wide. There was a resultant gap on the inside of Mr Townley's horse which had been taken up by another horse.
--When the field came to the bend at about the 600m mark the situation was that there were three horses on the inside of Mr Hay, but Mr Hay was trying to follow the horse in front of him which was travelling three wide. This resulted in Mr Townley being squeezed for room, and his horse broke for a short distance. It was Mrs Williams' evidence that Mr Hay was the only driver who could have given Mr Townley enough room and he failed to do so, and as a result Mr Townley's horse went "rough" and had to be restrained "out of it".
--Mr Hay asked Mrs Williams if the horses inside were racing off the markers. Mrs Williams agreed that they were, but that this was not unusual when approaching a bend.
--Mr K. D. Townley gave evidence that he had moved Mr Hay wider on the track as described. He said that everything was OK while travelling down the straight but that he could see he was going to be in trouble when he reached the turn. When he did get to the turn he said he called out to Mr Hay to give him some room. Mr Townley also said that "?.there was only one man who could save me" and that was Mr Hay, and he chose not to. Mr Townley illustrated his evidence by the use of the video coverage.
--Mr Hay asked Mr Townley if he (Mr Hay) was in fact four wide when he was following a horse that was three wide.
--Mr Hay gave evidence that he was always following a horse that was three wide. He also said that he didn?t how it happened that there were three horses on the inside of him when he never left this three wide line.
--At the end of the hearing I retired to consider my decision, and I made the following findings of fact.
--- --
- The video coverage of this incident shows that Mr Townley moved into the three wide line and pushed Mr Hay four wide. There was no breach of the rules during this movement. --
- Following this movement another horse moved into the space left by Mr Townley, and this resulted in there being three horses inside Mr Hay. There was no breach of the rules during this movement. --
- When the field reached the turn out of the back straight Mr Townley ran out of room, and the only person who could have given relief was Mr Hay. --
- As a result of Mr Hay not giving Mr Townley room Mr Townley's horse broke and had to be restrained.
- --
On returning to the Enquiry Room I gave the following oral decision.
--"Mr Hay there has been quite a lot of evidence which I will review in a full written decision, with full reasons for making it. Having heard this evidence I am satisfied that you did drive in a manner causing or likely to cause interference. My main reason for coming to this decision is that you knew or ought to have known that by attempting to hold your line Mr Townley would run out of room, which he did. So I find that the charge has been proved"
--PENALTY: Mr Larkins advised that Mr Hay had no previous relevant convictions, and that a fine of $250-00 was recommended. Mr Hay submitted that this would be a harsh penalty.
--I retired to consider the question of an appropriate penalty. Having considered the matter I was satisfied that a fine of $250-00 was not inappropriate. However I took into account that the circumstances of this incident were a bit unusual and that there were some mitigating circumstances. On returning to
--the Enquiry Room I gave the following decision on penalty.
--"Mr Hay I have had a look at penalties over the last 12 months for breaches of Rule 869(4) and they vary between $100-00 and $400-00. I think there are mitigating circumstances and you are going to be fined the sum of $200-00."
----
--
----
--
--
--
| -- |
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: 9e6562067e86f391d6bb757615c8e7ee
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/10/2004
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 15 October 2004 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 7, the Colombus & Ware ? Menswear Specialists Handicap Trot an information was laid by Stipendiary Steward Mr S. T. Larkins, against Mr J. C. Hay, the driver of "Paris Metro" (3) alleging that Mr Hay had committed a breach of Rule 869(4).
--
DECISION AND REASONS:
--Following the running of Race 7, the Colombus & Ware ? Menswear Specialists Handicap Trot an information was laid by Stipendiary Steward Mr S. T. Larkins, against Mr J. C. Hay, the driver of "Paris Metro" (3) alleging that Mr Hay had committed a breach of Rule 869(4). The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that with approx. 600m J. C. Hay (Paris Metro) drove in a manner causing or likely to cause interference to Sundon's Luck (K. D. Townley) and interfered with it progress when attempting to hold it down in the three out line after being moved wider."
----Rule 869(4) reads as follows.
--"No horseman nor any horse shall during any race do anything which
--interferes or is likely to interfere with any other horseman and/or horse or its progress."
--Mr Hay indicated on the information that he did not admit the breach
--of this rule, and he confirmed this at the hearing.
--Mr Larkins contended that Mr Hay was in a position to relieve the pressure from Mr Townley after being moved wider on the track, but he chose to jostle Mr Townley and left him with little racing room. Mr Hay was the only person who could give Mr Townley racing room and he chose not to do so.
--Mr Larkins called the following witnesses.
--Stipendiary Steward Mrs K. R. Williams said she viewed this incident from the top end of the back straight. Mrs Williams illustrated this incident by means of the video recordings. Mrs Williams said that Mr Townley was in the two wide line when travelling down the back straight for the last time. Mr Townley had been able to move his horse three wide and in doing had been able to move Mr Hay four wide. There was a resultant gap on the inside of Mr Townley's horse which had been taken up by another horse.
--When the field came to the bend at about the 600m mark the situation was that there were three horses on the inside of Mr Hay, but Mr Hay was trying to follow the horse in front of him which was travelling three wide. This resulted in Mr Townley being squeezed for room, and his horse broke for a short distance. It was Mrs Williams' evidence that Mr Hay was the only driver who could have given Mr Townley enough room and he failed to do so, and as a result Mr Townley's horse went "rough" and had to be restrained "out of it".
--Mr Hay asked Mrs Williams if the horses inside were racing off the markers. Mrs Williams agreed that they were, but that this was not unusual when approaching a bend.
--Mr K. D. Townley gave evidence that he had moved Mr Hay wider on the track as described. He said that everything was OK while travelling down the straight but that he could see he was going to be in trouble when he reached the turn. When he did get to the turn he said he called out to Mr Hay to give him some room. Mr Townley also said that "?.there was only one man who could save me" and that was Mr Hay, and he chose not to. Mr Townley illustrated his evidence by the use of the video coverage.
--Mr Hay asked Mr Townley if he (Mr Hay) was in fact four wide when he was following a horse that was three wide.
--Mr Hay gave evidence that he was always following a horse that was three wide. He also said that he didn?t how it happened that there were three horses on the inside of him when he never left this three wide line.
--At the end of the hearing I retired to consider my decision, and I made the following findings of fact.
--- --
- --
- The video coverage of this incident shows that Mr Townley moved into the three wide line and pushed Mr Hay four wide. There was no breach of the rules during this movement. --
- Following this movement another horse moved into the space left by Mr Townley, and this resulted in there being three horses inside Mr Hay. There was no breach of the rules during this movement. --
- When the field reached the turn out of the back straight Mr Townley ran out of room, and the only person who could have given relief was Mr Hay. --
- As a result of Mr Hay not giving Mr Townley room Mr Townley's horse broke and had to be restrained.
On returning to the Enquiry Room I gave the following oral decision.
--"Mr Hay there has been quite a lot of evidence which I will review in a full written decision, with full reasons for making it. Having heard this evidence I am satisfied that you did drive in a manner causing or likely to cause interference. My main reason for coming to this decision is that you knew or ought to have known that by attempting to hold your line Mr Townley would run out of room, which he did. So I find that the charge has been proved"
--PENALTY:
Mr Larkins advised that Mr Hay had no previous relevant convictions, and that a fine of $250-00 was recommended. Mr Hay submitted that this would be a harsh penalty.--I retired to consider the question of an appropriate penalty. Having considered the matter I was satisfied that a fine of $250-00 was not inappropriate. However I took into account that the circumstances of this incident were a bit unusual and that there were some mitigating circumstances. On returning to
--the Enquiry Room I gave the following decision on penalty.
--"Mr Hay I have had a look at penalties over the last 12 months for breaches of Rule 869(4) and they vary between $100-00 and $400-00. I think there are mitigating circumstances and you are going to be fined the sum of $200-00."
----
--
----
--
--
--
| -- |
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 04de3369296ea8f8f966704aa3593acc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9fcef2facaf71488c81947b2e1f19237
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/10/2004
meet_title: NZ Metro TC - 15 October 2004
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC