NZ Metro TC 16 March 2018 – R 5 (heard 31 March 2018 at Addington) – Chair, Mr S Ching

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hearing_title: NZ Metro TC 16 March 2018 - R 5 (heard 31 March 2018 at Addington) - Chair, Mr S Ching

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Decision:

BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the

New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A10222

BETWEEN MR N YDGREN,

Chief Stipendiary Steward for the Racing Integrity Unit

Informant

AND MR D MCCORMICK, Licensed Horseman

Respondent

Date of Hearing: 31 March 2018

Venue: Addington Raceway, Christchurch

Judicial Committee: Mr S Ching (Chair)

Mr R McKenzie (Committee Member)

Present: Mr N Ydgren, Chief Stipendiary Steward

Mr D McCormick, the Respondent

Ms A Corser, Veterinary Surgeon

Date of Decision: 31 March 2018

PENALTY DECISION OF JUDICIAL COMMITTEE

The Charge

[1] Information No. A10222 alleges that:

On the 16th day of March 2018, Mr McCormick, being the driver of SUGAR CANE in Race 5, the Lloyd Hubber Memorial Trot, at the NZMTC meeting, failed to take all reasonable and permissible measures between the 1500 metres and 600 metres to ensure his horse was given full opportunity to win the race or obtain the best possible finishing place.

The Rules

[2] Rule 868 (2) provides as follows:

(2) Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.

The Plea

[3] Mr McCormick confirmed to the Committee that the breach was admitted and also confirmed that he understood the Rule he was being charged under. The Committee therefore found the charge proved.

Films/Evidence:

[4] Mr Ydgren gave evidence and showed video replays of the incident to show the field in the run up to the mobile start at the 1950m. He pointed out Mr McCormick, driving SUGAR CANE in the barrier position of 2 with SAY YOUR PRES, driven by Miss S Ottley, drawn 1 at the gate. Mr Ydgren stated that once the start was made, Miss Ottley took SAY YOUR PRES forward over the early stages and maintained the lead position throughout the running. He said that SUGAR CANE was also taken forward by Mr McCormick but was unable to muster sufficient speed to cross SAY YOUR PRES and as a consequence SUGAR CANE raced parked out for the majority of the race. Mr Ydgren stated that it was quite clear after interviewing the drivers that Miss Ottley had made it clear to Mr McCormick, through driving and verbally, through the early and middle stages, that she was not prepared to hand up the lead to Mr McCormick. He said it was Miss Ottley’s position that SUGAR CANE was not in the best form of its life, did not feel it was the best horse to follow at that time and did intend on holding the lead position. Mr Ydgren stated that Mr McCormick applied pressure to his horse and therefore Miss Ottley’s horse throughout the race and continued until near the 600m where SUGAR CANE was a spent force by that stage. SUGAR CANE, he said, weakened to finish in 10th place, 13.3 lengths away with SAY YOUR PRES also weakening to finish behind SUGAR CANE. When Miss Ottley was questioned in regard to SAY YOUR PRES’ performance, she reported that her performance was attributed to the constant pressure applied throughout the running.

Mr Ydgren stated that the background on SUGAR CANE showed that it does have a clear preference for short course and mobile racing. Of its 20 career placings 14 have been at a distance of 2200m or shorter with most of these at the 1950m. Mr Ydgren said that Mr McCormick has either over estimated his horse’s capabilities or underestimated the times that were being run. He said that lead time was run in 24 seconds, which was strong for trotters of this grade. The main issue for the Stewards was the next 800m, with the 1800m to the 1400m, being run in 29.09 which is quite a quick opening 400m. He said the time for the 1600m to the 1200m was 28.70, again a very fast 400m which you would expect to find at the close of the race, not the opening stages for the grade of trotters in this race. The 1400m to the 1000m was run in 29.50 which again, he said, was very fast for this grade of horse. The final 800m was officially 61.9 whereas SUGAR CANE ran it in 64.3 which showed SUGAR CANE was feeling the pressure at that time and noticeably slower. These times showed, he submitted, that the speed dictated by Mr McCormick was excessive and that he did not reserve any of his horse’s energy for later in the race. Mr McCormick, he said, made a misjudgement which resulted in his runner being unnecessarily urged for a considerable distance. A post-race veterinary inspection on SUGAR CANE was carried out with no abnormalities detected.

Mr Ydgren summed up by stating that Mr McCormick had a Plan A, being to go forward in the race, however very early on it was apparent that he was not going to be successful in executing that plan. He should have adopted a secondary plan or Plan B, which would have involved him changing his thinking and reassessing the situation as it was. However, he did not do that and basically at all costs attempted to follow Plan A.

Submissions for Respondent

[5] Mr McCormick stated that SUGAR CANE raced over 1950m at Addington on 4 March 2018 and finished on strongly for 5th place. He said that he took times off the Stridemaster technology available at Addington for this race. He stated that SUGAR CANE ran from the 1800m to the 1000m in 57.8 seconds and the 800m to the finish in 58.92 seconds with the overall time for the race 1.57.9-mile rate. Mr McCormick said that after this race he decided to drive the horse more aggressively the next time she received a good draw. He said that he had informed Stipendiary Stewards Mr P Lamb and Mr D Wadley that he was going to change his driving tactics in future. On 16 March, he confirmed with Mr Wadley that he was going to drive SUGAR CANE more aggressively that night and intended to go forward. SUGAR CANE had drawn 2 on this date and as the mare had good gate speed, decided to go forward but did not show her normal early speed and ended up parked out. He stated he did not have a duel with Miss Ottley but his intention was to press on and assume the lead. Mr McCormick said the run by SUGAR CANE was very disappointing tiring from the 600m. She ran the 1800m to the 1000m in 58.64 which was .76 seconds slower than 2 weeks before. Up until then, he said, she was going slower than the start before and then after that, ran the last half in 64.2 with the overall time for the race 2.01.01 mile rate a bit slower that the week before when she ran home in 57 seconds. This was a less than average run by SUGAR CANE’s standards and if she had produced a run more like normal, he said he probably would not be in the judicial room now. He stated SUGAR CANE was post-race checked with no abnormalities detected. Mr McCormick said that the vet on the night, Miss A Corser, had mentioned to him that the mare had blown up over the back which can indicate that she was not fit enough. Veterinary surgeon, Ms A Corser, was present at the hearing and explained that there were several reasons for a horse to blow up over the back as they are muscles that do experience quite a bit of stress and load at maximum intensity work. She stated that it can be lack of fitness but there are several reasons including a hard run as the reason for the area over the back to blow up. She said the mare’s recovery was fairly normal and she wasn’t sore after the race.

Mr McCormick stated that he had a couple of difficult weeks leading up to the race on 16 March with his father, who was unwell, in the Ashburton Hospital which was most upsetting to him. During this period, he also had a foal at home break a leg, which had to be destroyed. With all this going on, he said, he may have neglected his training duties or the run previous had flattened the mare, he was not sure, but SUGAR CANE had let him down on the day.

Submissions of Informant on Penalty

[6] Mr Ydgren stated that HRNZ statistics showed McCormick has had 23 drives so far this season up to today, with 44 drives last season and 489 lifetime drives for 22 winners. He said the JCA Penalty Guide starting point for breach this rule is a 20-drive suspension or a $1000 fine. The aggravating factors have been the negative effect on SUGAR CANE’s chances which was 8/6 in the betting with SAY YOUR PRES being 3/2 in the betting. He stated there was a flow over effect on the punters and the image of harness racing in general.

A mitigating factor, he stated, was Mr McCormick’s record, which over a lengthy career was very, very good. His frank admission of the breach and his conduct throughout the inquiry has been excellent which are also factors to take into account.

The JCA Penalty Guidelines are set for drivers who drive more frequently than Mr McCormick does. Mr Ydgren said that if we apply them with rigidity we finish up with a penalty akin to “cracking a walnut with a sledgehammer.”

Mr Ydgren submitted that the appropriate penalty to consider in this case is a period of suspension being 12 weeks which would send a message to the industry that this kind of driving should not be tolerated but also not as prohibitive on Mr McCormick as a 20-drive suspension, as should be the penalty in normal circumstances.

Submissions of Respondent on Penalty

[7] Mr McCormick stated that he would like taken into consideration his driving record and the fact that he had held a driver’s licence for approximately 42 years. He stated that he had never been charged with anything as serious as this and having had only a couple of minor suspensions before.

He submitted that a warning or a minimal suspension be considered as penalty.

Reasons for Penalty

[8] In determining penalty the Committee took into consideration all mitigating and aggravating factors. Aggravating factors included the negative effect on both SUGAR CANE and SAY YOUR PRES as well as the flow on effect for connections, punters and the image of harness racing. Mitigating factors include Mr McCormick’s very good record over a lengthy career, his frank admission of the breach and his excellent conduct throughout the process.

[9] The starting point for a breach of this Rule is a 20-drive suspension for a mid-range breach. The Committee found that this breach was mid-range and therefore adopted a starting point of 20 days. The Committee determined that the aggravating factors were inclusive in the mid-range starting point adopted but were however able to give Mr McCormick a discount for the mitigating factors. This discount we set at 5 drives taking the penalty to 15 drives. We considered that after taking Mr McCormick’s average driving record of 3 drives per month, determined that a 15-drive suspension would equate to a 5-month suspension. This we determined, was as Mr Ydgren stated, “like cracking a walnut with a sledgehammer” and an excessive length of suspension. We took into consideration Mr Ydgren’s submission that a period of suspension of 12 weeks be considered and agreed that this was an appropriate penalty after taking all factors into account. The Committee therefore determined that a 12-week suspension be imposed beginning after the conclusion of racing today 31 March up to and including 23 June 2018.

Penalty

[10] Mr McCormick’s Licence was suspended from the conclusion of racing 31 March 2018 up to and including 23 June 2018.

S Ching

(Chair)

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Rules: 868(2)

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