NZ Metro TC 21 October 2011 – R 4
ID: JCA14823
Meet Title:
NZ Metro TC - 21 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/21
Race Number:
R4
Decision:
The charge was dismissed.
Charge:
Careless driving
Facts:
Following the running of Race 4, Garrard’s Horse & Hound Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr J G Anderson, alleging a breach of Rule 869 (3) (b) in that Mr Anderson, as the driver of NO MAN’S LAND in the race, “on the final bend allowed his horse to contact the sulky of MR MURDOCH (M J Williamson) which caused his horse to gallop”.
Mr Anderson was present at the hearing of the information and he indicated that the breach was denied. He was assisted at the hearing by Licensed Open Driver, Mr J R Dunn.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr McIntyre called Mr M J Williamson, driver of MR MURDOCH, to give evidence to the hearing. He said that, rounding the final bend, he felt Mr Anderson run up behind him. Mr Anderson’s horse’s head hit his helmet but there was no other contact, and the horse broke as it “moved outside him”.
Mr McIntyre showed video replays of the relevant part of the race. He pointed Mr Williamson, driving MR MURDOCH, racing 3-wide without cover, with Mr Anderson on his back. Mr McIntyre said that the Stewards were alleging that Mr Anderson had then driven carelessly by allowing his horse to run up onto the back of Mr Williamson putting himself in an “awkward position” and then had to take his horse away from its back, resulting in it breaking.
Mr McIntyre submitted that Mr Anderson had improved quickly onto the back of Mr Williamson and then realised he had to shift ground outwards, which resulted in his horse breaking. There was no horse outside him but he, nevertheless, elected to continue to go forward rather than go to the outside of Mr Williamson until it was too late, Mr McIntyre said. Mr Anderson had showed “lack of attention” and had made an error of judgement, he submitted.
Mr Williamson confirmed that, while it was likely that Mr Anderson would have made contact and it appeared that there had been contact, there was in fact no contact. Mr Williamson said that MR MURDOCH had been stopping at the time.
Mr Dunn, on behalf of Mr Anderson, referred to the video replays. He pointed out Mr Anderson activate the earplugs. Mr Williamson’s horse had stopped quickly and Mr Anderson had run up to his back. However, there was no contact with Mr Williamson’s sulky and Mr Anderson’s horse had got to the outside of Mr Williamson before it broke on the bad part of the track.
Mr Anderson said that it had been his intention to follow Mr Williamson into the race but Mr Williamson’s horse had stopped quickly, at which point he went to the outside of Mr Williamson. Mr Anderson submitted that his horse was clearly on the outside of Mr Williamson’s sulky wheel when it broke.
Mr Dunn conceded that Mr Anderson’s horse had hit the helmet of Mr Williamson but had been unaffected by that. It had then come out, paced roughly and had broken.
Reasons for Decision:
Mr Anderson was charged with allowing his horse, NO MAN’S LAND, to strike the sulky of MR MURDOCH rounding the final bend, which caused his horse to gallop. Mr Williamson was the driver of MR MURDOCH. He gave evidence and said that, while NO MAN’S LAND did run into the back of MR MURDOCH, there was no actual contact with the sulky of MR MURDOCH, as alleged in the information. Mr Dunn, on behalf of Mr Anderson, conceded that Mr Anderson had run up behind MR MURDOCH but it was while he was easing to the outside of that horse, and it was not until he got to the outside of MR MURDOCH, that his horse broke. In the Committee’s view, this was supported by the video evidence.
The Committee considered that the evidence of Mr Williamson was quite telling in that respect. He was very clear in his evidence that there was no actual contact on his sulky. Because of that, we cannot be satisfied to a sufficient degree that Mr Anderson was responsible for his horse breaking and, therefore, we are not satisfied that he drove carelessly.
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: 7fc679866cd9b22333ea9290d2f55e3d
informantnumber: A5453
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 11/10/2011
hearing_title: NZ Metro TC 21 October 2011 - R 4
charge:
Careless driving
facts:
Following the running of Race 4, Garrard’s Horse & Hound Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr J G Anderson, alleging a breach of Rule 869 (3) (b) in that Mr Anderson, as the driver of NO MAN’S LAND in the race, “on the final bend allowed his horse to contact the sulky of MR MURDOCH (M J Williamson) which caused his horse to gallop”.
Mr Anderson was present at the hearing of the information and he indicated that the breach was denied. He was assisted at the hearing by Licensed Open Driver, Mr J R Dunn.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre called Mr M J Williamson, driver of MR MURDOCH, to give evidence to the hearing. He said that, rounding the final bend, he felt Mr Anderson run up behind him. Mr Anderson’s horse’s head hit his helmet but there was no other contact, and the horse broke as it “moved outside him”.
Mr McIntyre showed video replays of the relevant part of the race. He pointed Mr Williamson, driving MR MURDOCH, racing 3-wide without cover, with Mr Anderson on his back. Mr McIntyre said that the Stewards were alleging that Mr Anderson had then driven carelessly by allowing his horse to run up onto the back of Mr Williamson putting himself in an “awkward position” and then had to take his horse away from its back, resulting in it breaking.
Mr McIntyre submitted that Mr Anderson had improved quickly onto the back of Mr Williamson and then realised he had to shift ground outwards, which resulted in his horse breaking. There was no horse outside him but he, nevertheless, elected to continue to go forward rather than go to the outside of Mr Williamson until it was too late, Mr McIntyre said. Mr Anderson had showed “lack of attention” and had made an error of judgement, he submitted.
Mr Williamson confirmed that, while it was likely that Mr Anderson would have made contact and it appeared that there had been contact, there was in fact no contact. Mr Williamson said that MR MURDOCH had been stopping at the time.
Mr Dunn, on behalf of Mr Anderson, referred to the video replays. He pointed out Mr Anderson activate the earplugs. Mr Williamson’s horse had stopped quickly and Mr Anderson had run up to his back. However, there was no contact with Mr Williamson’s sulky and Mr Anderson’s horse had got to the outside of Mr Williamson before it broke on the bad part of the track.
Mr Anderson said that it had been his intention to follow Mr Williamson into the race but Mr Williamson’s horse had stopped quickly, at which point he went to the outside of Mr Williamson. Mr Anderson submitted that his horse was clearly on the outside of Mr Williamson’s sulky wheel when it broke.
Mr Dunn conceded that Mr Anderson’s horse had hit the helmet of Mr Williamson but had been unaffected by that. It had then come out, paced roughly and had broken.
reasonsfordecision:
Mr Anderson was charged with allowing his horse, NO MAN’S LAND, to strike the sulky of MR MURDOCH rounding the final bend, which caused his horse to gallop. Mr Williamson was the driver of MR MURDOCH. He gave evidence and said that, while NO MAN’S LAND did run into the back of MR MURDOCH, there was no actual contact with the sulky of MR MURDOCH, as alleged in the information. Mr Dunn, on behalf of Mr Anderson, conceded that Mr Anderson had run up behind MR MURDOCH but it was while he was easing to the outside of that horse, and it was not until he got to the outside of MR MURDOCH, that his horse broke. In the Committee’s view, this was supported by the video evidence.
The Committee considered that the evidence of Mr Williamson was quite telling in that respect. He was very clear in his evidence that there was no actual contact on his sulky. Because of that, we cannot be satisfied to a sufficient degree that Mr Anderson was responsible for his horse breaking and, therefore, we are not satisfied that he drove carelessly.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer: JG Anderson - Licensed Junior Horseman
Otherperson: JR Dunn - Licensed Open Horseman assisting Mr Anderson
PersonPresent:
Respondent:
StipendSteward:
raceid: 54abf8ced0474ded8e9e16835ac11e11
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c7b40edfa9c325301df45f9ccd7b5cde
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/10/2011
meet_title: NZ Metro TC - 21 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC