NZ Metro TC 21 October 2016 – R 6 – Chair, Mr S Ching
ID: JCA12583
Meet Title:
NZ Metro TC - 21 October 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/10/21
Race Number:
R6
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Mr Curtin’s Horseman’s license is suspended from the conclusion of racing today, Monday 24 October, up to and including 31 October 2016. This period of suspension encompasses the meetings at Kaikoura on 30 October and Kaikoura on 31 October 2016.
Facts:
Following the running of Race 6, the NRM Sires’ Stakes No33 (Heat 5) Mobile Pace, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman, Mr J Curtin, alleging a breach of Rule 869(4) and the Passing Lane Regulations in that Mr Curtin, driving TIGER THOMPSON, failed to allow full access to the passing lane for KING SOLOMON.
Mr Curtin had indicated on the Information that this breach of the Rules was not admitted which he confirmed to the Committee and that he understood the Rule he was charged with.
Rule 869(4)) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Submissions for Decision:
Mr Ydgren gave evidence and showed the relevant films of the alleged interference which occurred at the entrance to the passing lane. Mr Ydgren pointed out TIGER THOMPSON, driven by Mr Curtin, racing on the pylons in the lead with KING SOLOMON, driven by Mr Anderson, in the trail. As the horses passed the entrance to the passing lane, Mr Curtin’s horse shifted down abruptly into the passing lane and took the rightful run of the trailing horse, KING SOLOMON, which is in breach of the passing lane regulations. Mr Ydgren stated that Mr Curtin was being charged because after TIGER THOMPSON shifted down into the passing lane, Mr Curtin did not make sufficient effort to return his drive back to its proper running and leave access to the passing lane free for trailing runners. Mr Ydgren showed on the films that Mr Curtin had activated the removable deafeners at the entrance to the straight with TIGER THOMPSON shifting abruptly into the passing lane. He said that from that point on it was clear on the films that the right rein of the horse appears loose at all times as well as Mr Curtin being quite active with the whip in the early stages of the run home. He stated that the Stewards' take on this was that Mr Curtin should have made some measures in the early and middle stages of the home straight to take his horse out of the passing lane and allow KING SOLOMON that run. Mr Ydgren showed on the films that further into the straight Mr Anderson had become established on the outside of Mr Curtin and from that point it was not an option for Mr Curtin to shift away from the passing lane. Mr Ydgren stated that for at least 100m prior there was every possible opportunity for Mr Curtin to take TIGER THOMPSON out of the passing lane and back into the running line instead of driving the horse out with the whip and reins as he has on this occasion. Mr Ydgren acknowledged that TIGER THOMPSON was a difficult horse to drive and was hanging in prior to the entrance to the straight.
Mr Curtin showed several films of previous races of TIGER THOMPSON which he said proved he was a difficult horse to drive. He stated that the horse was on one rein, hanging in, when entering the straight and shifted abruptly into the passing lane. He said that he would not have been able to get TIGER THOMPSON back out and decided to stick to the inside so the trailing horse could get the run on his outer. Mr Curtin stated that he thought it was better and safer to remain in the passing lane and not try to get the horse back out. He was concerned he may not have been able to get him out fully due to the difficult horse that he is. Mr Curtin said he was aware of Mr Anderson’s horse behind him and thought he was too close for him to be able to shift back out into the running line.
Reasons for Decision:
The Committee carefully considered the evidence given and the video coverage of the incident. We were satisfied that Mr Curtin’s horse shifted into the passing lane near the 200m when not entitled to. We were also satisfied that TIGER THOMPSON shifted down abruptly into the lane when hanging in and that the horse was a difficult horse to drive. We determined, however, that Mr Curtin did have opportunity for some distance to attempt to correct his horse’s inward movement and shift back out of the passing lane. We found that Mr Curtin made no discernible effort to correct his horse and instead opted to continue in the passing lane in breach of the passing lane regulations. He in fact continued to drive his horse out with reins and whip in his right hand. We therefore found the charge proved.
Submissions for Penalty:
Mr Ydgren stated that Mr Curtin was a highly experienced horseman and had driven on 92 occasions so far this season with 420 drives last season and 392 the season previous. He said Mr Curtin was very rarely before the Stewards and had an excellent penalty record. Mr Ydgren submitted that as this charge arose from a successful protest that resulted in a relegation a suspension was called for. He stated that the JCA Penalty Guide provided a 3-day suspension for a breach of Rule 869(3)(b) when a relegation was involved in any careless driving charge. He submitted that after taking Mr Curtin’s excellent record into account, a 2-day suspension be considered as penalty in this case.
Mr Curtin made no submissions on penalty apart from stating that a suspension was acceptable.
Deferment was discussed but with no relevant meetings in the next 7 days, Mr Curtin accepted that any suspension would begin after racing at Ashburton on Monday 24 October.
Reasons for Penalty:
In determining penalty, the Committee considered all aggravating and mitigating factors. The aggravating factor in this case was that a relegation had occured. The JCA Penalty Guide recommends a starting point for a breach, where a relegation takes place, is a 3-day suspension. In taking the starting point of a 3-day suspension, we were able to afford Mr Curtin a discount of 1 day for his excellent record. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
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: 3ace1bfbf0bf42c344a505a9d591d9dd
informantnumber: A8320
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in a manner likely to cause interference
plea: denied
penaltyrequired: 1
decisiondate: 25/10/2016
hearing_title: NZ Metro TC 21 October 2016 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the NRM Sires’ Stakes No33 (Heat 5) Mobile Pace, an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman, Mr J Curtin, alleging a breach of Rule 869(4) and the Passing Lane Regulations in that Mr Curtin, driving TIGER THOMPSON, failed to allow full access to the passing lane for KING SOLOMON.
Mr Curtin had indicated on the Information that this breach of the Rules was not admitted which he confirmed to the Committee and that he understood the Rule he was charged with.
Rule 869(4)) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and showed the relevant films of the alleged interference which occurred at the entrance to the passing lane. Mr Ydgren pointed out TIGER THOMPSON, driven by Mr Curtin, racing on the pylons in the lead with KING SOLOMON, driven by Mr Anderson, in the trail. As the horses passed the entrance to the passing lane, Mr Curtin’s horse shifted down abruptly into the passing lane and took the rightful run of the trailing horse, KING SOLOMON, which is in breach of the passing lane regulations. Mr Ydgren stated that Mr Curtin was being charged because after TIGER THOMPSON shifted down into the passing lane, Mr Curtin did not make sufficient effort to return his drive back to its proper running and leave access to the passing lane free for trailing runners. Mr Ydgren showed on the films that Mr Curtin had activated the removable deafeners at the entrance to the straight with TIGER THOMPSON shifting abruptly into the passing lane. He said that from that point on it was clear on the films that the right rein of the horse appears loose at all times as well as Mr Curtin being quite active with the whip in the early stages of the run home. He stated that the Stewards' take on this was that Mr Curtin should have made some measures in the early and middle stages of the home straight to take his horse out of the passing lane and allow KING SOLOMON that run. Mr Ydgren showed on the films that further into the straight Mr Anderson had become established on the outside of Mr Curtin and from that point it was not an option for Mr Curtin to shift away from the passing lane. Mr Ydgren stated that for at least 100m prior there was every possible opportunity for Mr Curtin to take TIGER THOMPSON out of the passing lane and back into the running line instead of driving the horse out with the whip and reins as he has on this occasion. Mr Ydgren acknowledged that TIGER THOMPSON was a difficult horse to drive and was hanging in prior to the entrance to the straight.
Mr Curtin showed several films of previous races of TIGER THOMPSON which he said proved he was a difficult horse to drive. He stated that the horse was on one rein, hanging in, when entering the straight and shifted abruptly into the passing lane. He said that he would not have been able to get TIGER THOMPSON back out and decided to stick to the inside so the trailing horse could get the run on his outer. Mr Curtin stated that he thought it was better and safer to remain in the passing lane and not try to get the horse back out. He was concerned he may not have been able to get him out fully due to the difficult horse that he is. Mr Curtin said he was aware of Mr Anderson’s horse behind him and thought he was too close for him to be able to shift back out into the running line.
reasonsfordecision:
The Committee carefully considered the evidence given and the video coverage of the incident. We were satisfied that Mr Curtin’s horse shifted into the passing lane near the 200m when not entitled to. We were also satisfied that TIGER THOMPSON shifted down abruptly into the lane when hanging in and that the horse was a difficult horse to drive. We determined, however, that Mr Curtin did have opportunity for some distance to attempt to correct his horse’s inward movement and shift back out of the passing lane. We found that Mr Curtin made no discernible effort to correct his horse and instead opted to continue in the passing lane in breach of the passing lane regulations. He in fact continued to drive his horse out with reins and whip in his right hand. We therefore found the charge proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren stated that Mr Curtin was a highly experienced horseman and had driven on 92 occasions so far this season with 420 drives last season and 392 the season previous. He said Mr Curtin was very rarely before the Stewards and had an excellent penalty record. Mr Ydgren submitted that as this charge arose from a successful protest that resulted in a relegation a suspension was called for. He stated that the JCA Penalty Guide provided a 3-day suspension for a breach of Rule 869(3)(b) when a relegation was involved in any careless driving charge. He submitted that after taking Mr Curtin’s excellent record into account, a 2-day suspension be considered as penalty in this case.
Mr Curtin made no submissions on penalty apart from stating that a suspension was acceptable.
Deferment was discussed but with no relevant meetings in the next 7 days, Mr Curtin accepted that any suspension would begin after racing at Ashburton on Monday 24 October.
reasonsforpenalty:
In determining penalty, the Committee considered all aggravating and mitigating factors. The aggravating factor in this case was that a relegation had occured. The JCA Penalty Guide recommends a starting point for a breach, where a relegation takes place, is a 3-day suspension. In taking the starting point of a 3-day suspension, we were able to afford Mr Curtin a discount of 1 day for his excellent record. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Curtin’s Horseman’s license is suspended from the conclusion of racing today, Monday 24 October, up to and including 31 October 2016. This period of suspension encompasses the meetings at Kaikoura on 30 October and Kaikoura on 31 October 2016.
hearing_type: Hearing
Rules: 869 (4) and Passing Lane Regulations
Informant: N Ydgren- Stipendiary Steward
JockeysandTrainer: J Curtin-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f54df31533a43b5118ed87efe79cd070
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race_title: R6
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meetdate: 21/10/2016
meet_title: NZ Metro TC - 21 October 2016
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meet_racingtype: harness-racing
meet_chair: SChing
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name: NZ Metro TC