NZ Metro TC – 18 November 2005 – Race 10
ID: JCA22911
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 18 November 2005
Race Date:
2005/11/18
Race Number:
Race 10
Decision: --
Following the running of Race 10, The Southern Trust Dominion Trotting Handicap, an information was lodged by Chief Stipendiary Mr N.. R. Escott against Mr P. G. O?Reilly the driver of "Perfect Hold" (8) alleging a breach of Rules 869(4), (6)(b) and (c)
--
DECISION AND REASONS:
--Following the running of Race 10, The Southern Trust Dominion Trotting Handicap, an information was lodged by Chief Stipendiary Mr N.. R. Escott against Mr P. G. O?Reilly the driver of "Perfect Hold" (8) alleging a breach of Rules 869(4), (6)(b) and (c), the "push out" rule. The charge reads as follows.
------"I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869(4), (6)(b) & (c) in that P. G. O?Reilly (Perfect Hold) moved Toomuch To Do (B. Orange) and Deidre Don (S. Smolenski) wider on the track with approx. 1500m to run."
----Rule 869(4), (6)(b) and (c) relating to the "push out" rule reads as follows.
--"(4) 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.
--- --
- Subject to sub-rule (4) hereof:-
- --
- ------
- ?. --
- a horse making a forward movement during any race shall not be forced to race wider on the track; --
- a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past."
- --
Mr O?Reilly had indicated on the Information that he did not admit a breach
--of this rule and this was confirmed by him at the hearing. Also present at the hearing were Mr S. Smolenski the driver of "Deidre Don", and Mr B. Orange the driver of "Toomuch To Do".
--Video coverage of this incident was shown from various angles to illustrate this incident.
--Mr Sam Smolenski was called to give evidence and he said that he was moving forward when he was forced four wide on the track by "Toomuch To Do" driven by Mr B. Orange. Mr Smolenski could not say what had happened further in on the track.
--Mr Orange gave evidence that he was moving forward and that his horse's front legs were alongside the sulky of "Perfect Hold" when he was pushed wider on the track.
--Mr O?Reilly said that he was following Pompallier, and when that horse moved out to the two wide line he had followed him. Mr O?Reilly said that he had already moved his horse out before Mr Orange came up alongside. Mr O?Reilly was adamant that he had not pushed Mr Orange wider on the track as alleged.
--During questioning Mr Orange was asked by Mr Escott if, having then seen the videos several times, he was still sure that he was moving forward at the time of this incident. Mr Orange said that he was not making "tremendous progress" at the time.
--Mr O?Reilly put it to Mr Orange that he was 2 or 3 yards in front before he came up on his back. Mr Orange's response was quite vague.
--After hearing the evidence we adjourned to consider our decision.
--We find that at about the 1500m mark Mr O?Reilly moved off the fence into the two wide line and that Mr Orange and Mr Smolenski moved 3 and 4 wide respectively. There was conflicting evidence from Mr Orange and Mr O?Reilly as would be expected in a defended hearing.
--We were concerned that the evidence from Mr Orange was inconsistent. His evidence relating to moving forward was one of these inconsistencies. At first he said he was moving forward and later that he was moving forward ever so slightly. In answer to a question from Mr Escott he said that he was "not making tremendous progress".
--On returning to the Enquiry Room we delivered the following oral decision.
--"Having heard the evidence and having seen the video coverage we find that Mr Sam Smolenski was pushed wider on the track by Blair Orange's horse, but he didn?t know why. His evidence was not really that helpful.
--Mr Orange said that he was moving forward and that his horse's front legs were alongside Mr O?Reilly's sulky when he moved out pushing him wider on the track. Mr Orange also said later that he was moving forward ever so slightly.
--Mr O?Reilly said that he was out and two wide before Mr Orange came up alongside.
--There is a conflict of evidence and the video coverage does not clearly support either driver's evidence. We also found Mr Orange's evidence to be somewhat equivocal. This being so we find that there is some doubt, and Mr O?Reilly must be given the benefit of this doubt.
--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: f257124d43a8608e36b7c0c719603e76
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 18/11/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 18 November 2005 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 10, The Southern Trust Dominion Trotting Handicap, an information was lodged by Chief Stipendiary Mr N.. R. Escott against Mr P. G. O?Reilly the driver of "Perfect Hold" (8) alleging a breach of Rules 869(4), (6)(b) and (c)
--
DECISION AND REASONS:
--Following the running of Race 10, The Southern Trust Dominion Trotting Handicap, an information was lodged by Chief Stipendiary Mr N.. R. Escott against Mr P. G. O?Reilly the driver of "Perfect Hold" (8) alleging a breach of Rules 869(4), (6)(b) and (c), the "push out" rule. The charge reads as follows.
------"I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869(4), (6)(b) & (c) in that P. G. O?Reilly (Perfect Hold) moved Toomuch To Do (B. Orange) and Deidre Don (S. Smolenski) wider on the track with approx. 1500m to run."
----Rule 869(4), (6)(b) and (c) relating to the "push out" rule reads as follows.
--"(4) 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.
--- --
- --
- Subject to sub-rule (4) hereof:-
- ------
- --
- ?. --
- a horse making a forward movement during any race shall not be forced to race wider on the track; --
- a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past."
Mr O?Reilly had indicated on the Information that he did not admit a breach
--of this rule and this was confirmed by him at the hearing. Also present at the hearing were Mr S. Smolenski the driver of "Deidre Don", and Mr B. Orange the driver of "Toomuch To Do".
--Video coverage of this incident was shown from various angles to illustrate this incident.
--Mr Sam Smolenski was called to give evidence and he said that he was moving forward when he was forced four wide on the track by "Toomuch To Do" driven by Mr B. Orange. Mr Smolenski could not say what had happened further in on the track.
--Mr Orange gave evidence that he was moving forward and that his horse's front legs were alongside the sulky of "Perfect Hold" when he was pushed wider on the track.
--Mr O?Reilly said that he was following Pompallier, and when that horse moved out to the two wide line he had followed him. Mr O?Reilly said that he had already moved his horse out before Mr Orange came up alongside. Mr O?Reilly was adamant that he had not pushed Mr Orange wider on the track as alleged.
--During questioning Mr Orange was asked by Mr Escott if, having then seen the videos several times, he was still sure that he was moving forward at the time of this incident. Mr Orange said that he was not making "tremendous progress" at the time.
--Mr O?Reilly put it to Mr Orange that he was 2 or 3 yards in front before he came up on his back. Mr Orange's response was quite vague.
--After hearing the evidence we adjourned to consider our decision.
--We find that at about the 1500m mark Mr O?Reilly moved off the fence into the two wide line and that Mr Orange and Mr Smolenski moved 3 and 4 wide respectively. There was conflicting evidence from Mr Orange and Mr O?Reilly as would be expected in a defended hearing.
--We were concerned that the evidence from Mr Orange was inconsistent. His evidence relating to moving forward was one of these inconsistencies. At first he said he was moving forward and later that he was moving forward ever so slightly. In answer to a question from Mr Escott he said that he was "not making tremendous progress".
--On returning to the Enquiry Room we delivered the following oral decision.
--"Having heard the evidence and having seen the video coverage we find that Mr Sam Smolenski was pushed wider on the track by Blair Orange's horse, but he didn?t know why. His evidence was not really that helpful.
--Mr Orange said that he was moving forward and that his horse's front legs were alongside Mr O?Reilly's sulky when he moved out pushing him wider on the track. Mr Orange also said later that he was moving forward ever so slightly.
--Mr O?Reilly said that he was out and two wide before Mr Orange came up alongside.
--There is a conflict of evidence and the video coverage does not clearly support either driver's evidence. We also found Mr Orange's evidence to be somewhat equivocal. This being so we find that there is some doubt, and Mr O?Reilly must be given the benefit of this doubt.
--The charge is dismissed."
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1ed611a75b428e23118a18f092e318f2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1774f84a609dbc231b48b5af15dac640
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/11/2005
meet_title: NZ Metro TC - 18 November 2005
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC