NZ Metro TC – 2 August 2007 – Race 1
ID: JCA20287
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 2 August 2007
Race Date:
2007/08/02
Race Number:
Race 1
Decision: --
Following the running of Race 1, the Wyatt & Wilson Print Mobile Trot, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr M. P. Edmonds, the driver of "Leggiero Del" (2), alleging a breach of Rule 870(2)(a).
--
DECISION AND REASONS:
--Following the running of Race 1, the Wyatt & Wilson Print Mobile Trot, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr M. P. Edmonds, the driver of "Leggiero Del" (2), alleging a breach of Rule 870(2)(a). It was alleged that Mr Edmonds failed to take his horse clear of the field when it was in a break. The charge reads as follows.
------"I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 870(2)(a) in that Mr Edmonds failed to take his horse clear of the field after breaking causing checks to "With Intent" and "O?Sheas" with "O?Sheas" losing all chance."
--Rules 870(1) and (2)(a) provide as follows.
--"(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
--(2) The following shall be a breach of sub-rule (1) hereof:-
--(a) failure to take the horse clear of the field;"
----Mr Edmonds had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Edmonds also agreed that he understood the Rule and the nature of the charge.
--Stipendiary Steward Mr McIntyre used video coverage to illustrate the events that took place with about 1900 metres to run. At this stage of the race "Leggiero Del" broke, and a following horse, "With Intent", had to change direction to pass "Leggiero Del" on the inside. Another following horse, "O?Sheas", also tried to get past "Leggiero Del" on the inside, but at that time "Leggiero Del" moved inwards and "O?Sheas" broke losing all chance.
--It was the Stipendiary Steward's case that Mr Edmonds should have been looking to go wider on the track and failed to do so.
--Mr M. P. Jones, the driver of "O?Sheas" gave evidence that when he was trying to pass "Leggiero Del" on the inside his horse had "taken fright" and broke.
--In cross-examination Mr Jones was asked if he had heard Mr Denis Nyhan, the driver of "With Intent", yell out to him (Mr Edmonds) to "stay where he was". Mr Jones said he heard Mr Nyhan yell out but could not hear what he said. Mr Jones also confirmed that his horse had shied before it galloped, and that there was enough room for his horse to pass through on the inside.
--Mr Edmonds gave evidence that when his horse broke he steered it outwards to take it clear of the field. When Mr Nyhan yelled out to him he stopped as he was not sure if Mr Nyhan was going to pass on the inside or outside of him. For this reason Mr Edmonds stayed where he was, and at about the same time his horse had propped and jumped in the air, and it also moved inwards a little. Mr Edmonds also said that he had made an effort to take his horse clear of the field as required.
--Mr Edmonds was asked if he was going to call Mr Nyhan as a witness. He said that he had asked him to attend the hearing but he had not arrived. I asked Mr Ydgren if he accepted Mr Edmonds' evidence on this point, or should the hearing be adjourned so that Mr Nyhan could be called. After a discussion I decided that the hearing would continue on the basis that Mr Nyhan had called out to Mr Edmonds as described.
------I then retired to consider my decision.
--Mr Edmonds could be seen to look outwards and then turn his horse's head
--outwards shortly after it broke. I was satisfied that Mr Edmonds had steered his horse outwards as soon as it broke. I also accept that Mr Nyhan yelled out to Mr Edmonds that he should stay where he was. The main cause of the problem was when "Leggiero Del" propped and moved inwards slightly when "O?Sheas" was about to pass him on the inside. Although "O?Sheas" breaking was caused directly or indirectly by this incident I was satisfied that it was the horse's ("Leggiero Del") fault and not that of Mr Edmonds.
--I was satisfied that there was insufficient evidence to find that this charge had been proved.
--On returning to the Enquiry Room I gave the following oral decision.
--"Having seen the video coverage, and having heard the evidence, I am satisfied that with about 1900 metres to run "Leggiero Del" broke from its gait. The following horse "With Intent" had to change course to avoid "Leggiero Del" and, according to Mr Jones, "O?Sheas" broke and lost all chance when "Leggiero Del" moved inwards, causing it to shy.
--Mr Edmonds evidence was that he was trying to take "Leggiero Del" clear when Mr D. Nyhan called to stay where he was. Mr Edmonds believed this was so Mr Nyhan could pass him with safety.
--I am satisfied Mr Edmonds did take action to move his horse outwards and clear of the field. In fact he was pretty much clear of the field when "Leggiero Del"
--propped and moved inwards. I am also satisfied that this was the horse's ["Leggiero Del"] fault.
--Taking all these matters into account I am not satisfied that the charge has been proved and it is dismissed."
----
--
________________
--- --
- M. Phelan
Chairman
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: 5a0bf07d368a55371cc960340bdd1eb5
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 02/08/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 2 August 2007 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 1, the Wyatt & Wilson Print Mobile Trot, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr M. P. Edmonds, the driver of "Leggiero Del" (2), alleging a breach of Rule 870(2)(a).
--
DECISION AND REASONS:
--Following the running of Race 1, the Wyatt & Wilson Print Mobile Trot, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr M. P. Edmonds, the driver of "Leggiero Del" (2), alleging a breach of Rule 870(2)(a). It was alleged that Mr Edmonds failed to take his horse clear of the field when it was in a break. The charge reads as follows.
------"I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 870(2)(a) in that Mr Edmonds failed to take his horse clear of the field after breaking causing checks to "With Intent" and "O?Sheas" with "O?Sheas" losing all chance."
--Rules 870(1) and (2)(a) provide as follows.
--"(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
--(2) The following shall be a breach of sub-rule (1) hereof:-
--(a) failure to take the horse clear of the field;"
----Mr Edmonds had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Edmonds also agreed that he understood the Rule and the nature of the charge.
--Stipendiary Steward Mr McIntyre used video coverage to illustrate the events that took place with about 1900 metres to run. At this stage of the race "Leggiero Del" broke, and a following horse, "With Intent", had to change direction to pass "Leggiero Del" on the inside. Another following horse, "O?Sheas", also tried to get past "Leggiero Del" on the inside, but at that time "Leggiero Del" moved inwards and "O?Sheas" broke losing all chance.
--It was the Stipendiary Steward's case that Mr Edmonds should have been looking to go wider on the track and failed to do so.
--Mr M. P. Jones, the driver of "O?Sheas" gave evidence that when he was trying to pass "Leggiero Del" on the inside his horse had "taken fright" and broke.
--In cross-examination Mr Jones was asked if he had heard Mr Denis Nyhan, the driver of "With Intent", yell out to him (Mr Edmonds) to "stay where he was". Mr Jones said he heard Mr Nyhan yell out but could not hear what he said. Mr Jones also confirmed that his horse had shied before it galloped, and that there was enough room for his horse to pass through on the inside.
--Mr Edmonds gave evidence that when his horse broke he steered it outwards to take it clear of the field. When Mr Nyhan yelled out to him he stopped as he was not sure if Mr Nyhan was going to pass on the inside or outside of him. For this reason Mr Edmonds stayed where he was, and at about the same time his horse had propped and jumped in the air, and it also moved inwards a little. Mr Edmonds also said that he had made an effort to take his horse clear of the field as required.
--Mr Edmonds was asked if he was going to call Mr Nyhan as a witness. He said that he had asked him to attend the hearing but he had not arrived. I asked Mr Ydgren if he accepted Mr Edmonds' evidence on this point, or should the hearing be adjourned so that Mr Nyhan could be called. After a discussion I decided that the hearing would continue on the basis that Mr Nyhan had called out to Mr Edmonds as described.
------I then retired to consider my decision.
--Mr Edmonds could be seen to look outwards and then turn his horse's head
--outwards shortly after it broke. I was satisfied that Mr Edmonds had steered his horse outwards as soon as it broke. I also accept that Mr Nyhan yelled out to Mr Edmonds that he should stay where he was. The main cause of the problem was when "Leggiero Del" propped and moved inwards slightly when "O?Sheas" was about to pass him on the inside. Although "O?Sheas" breaking was caused directly or indirectly by this incident I was satisfied that it was the horse's ("Leggiero Del") fault and not that of Mr Edmonds.
--I was satisfied that there was insufficient evidence to find that this charge had been proved.
--On returning to the Enquiry Room I gave the following oral decision.
--"Having seen the video coverage, and having heard the evidence, I am satisfied that with about 1900 metres to run "Leggiero Del" broke from its gait. The following horse "With Intent" had to change course to avoid "Leggiero Del" and, according to Mr Jones, "O?Sheas" broke and lost all chance when "Leggiero Del" moved inwards, causing it to shy.
--Mr Edmonds evidence was that he was trying to take "Leggiero Del" clear when Mr D. Nyhan called to stay where he was. Mr Edmonds believed this was so Mr Nyhan could pass him with safety.
--I am satisfied Mr Edmonds did take action to move his horse outwards and clear of the field. In fact he was pretty much clear of the field when "Leggiero Del"
--propped and moved inwards. I am also satisfied that this was the horse's ["Leggiero Del"] fault.
--Taking all these matters into account I am not satisfied that the charge has been proved and it is dismissed."
----
--
________________
--- --
- M. Phelan
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 870.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 88a64ae7e538712fe473675c3baa1ee0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: caf1efd8f93e88418bff7e33cfba62e5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/08/2007
meet_title: NZ Metro TC - 2 August 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC