NZ Metro TC 23 September 2016 – R 8 (heard 25 September 2016 at Rangiora) – Chair, Mr S Ching

hearingid: 93f0685f2000af75bee6032f3744c392

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 23/09/2016

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC 23 September 2016 - R 8 (heard 25 September 2016 at Rangiora) - Chair, Mr S Ching

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Meeting: NZ Metro TC at Addington

Date: 23 September 2016

Race: 8

Rules: 869 (3) (b)

Committee: S Ching, Chairman - D Jackson, Panelist

Informant: N Ydgren-Stipendiary Steward

Respondent: G Smith-Open Horseman

Information Number: A8039

Plea: Not Admitted

Charge: Careless driving

Evidence:

This adjourned hearing was heard at the Rangiora Harness Racing Club's meeting at Rangiora on 25 September 2016.

Following the running of Race 5, the Woodlands Stud Mobile Pace an information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr G Smith, alleging a breach of Rule 869(3) (b) in that near the 200m he allowed IMOLA to strike the sulky wheel of BLACK REGAL PRINCESS resulting in IMOLA breaking and checking the trailing JOHNNY EYRE.

Mr Smith had endorsed on the Information that this breach of the Rules was not admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly:-

Submissions For Decision:

Mr Ydgren, gave evidence and used video coverage to show that approaching the home turn, IMOLA, driven by Mr Smith, was racing in a one off position and midfield, in the trail of BLACK REGAL PRINCESS, driven by Mr D Dunn. On the home turn Mr Smith shifted IMOLA out in order to improve on the outside of BLACK REGAL PRINCESS. Mr Ydgren stated that IMOLA was hanging in at this point and had been hanging in during the running which he pointed out on the film. He stated that on entering and in the home straight, Mr Smith had activated two items of gear on IMOLA. He said IMOLA then shifted into a position behind BLACK REGAL PRINCESS due to the horse hanging in. Mr Ydgren stated that Mr Smith then opted to use both reins with the left hand and use the whip in his right hand, striking IMOLA twice with backhanders in an attempt to move the horse up the track and around BLACK REGAL PRINCESS who had drifted out slightly in the straight. Shortly after being struck with the whip, IMOLA, improved onto BLACK REGAL PRINCESS, and struck the sulky wheel of that horse breaking and also checking JOHNNY EYRE. Mr Ydgren stated that the reason Mr Smith was being charged was that he was driving a horse that was hanging in quite severely during the running. He said that Mr Smith’s option to drive the horse with both reins in the left hand and strike the horse twice in a back hand manner in an attempt to improve out and around BLACK REGAL PRINCESS instead of using both hands on the reins to control the horse was not what the Stewards deem an acceptable action.

Mr Smith stated IMOLA was a difficult horse to drive and from the 1000m, despite being hard behind the horse in front of him, he was constantly hitting the horse, pulling him out and straightening him. He said going into the last bend he has laid in really badly and he has lost about a neck on the horse he was trailing. He said he then drove IMOLA really hard and that has put the horse back in the race. At no stage he said did he let the horse's head go, not steer it and not have proper control of the horse. He said that he pulled IMOLA out at the top of the straight and used the whip. He said he was still laying in so he then activated the blinds and he continued to hang inwards. He then activated the hood and struck him on the left hand side to scare him back out into a position to improve past Mr Dunn’s horse. He said the whole idea of hitting the horse on the inside was to make them run away from the whip. He stated that Mr Dunn had drifted out into his line, should have kept a straight line and should have held his ground when BALLYMORE BOY, driven by Mr Holmes drifted out towards Mr Dunn.

Reasons For Decision:

We carefully considered the oral and video evidence presented at the hearing. We were satisfied that upon entering the home straight, Mr Smith angled IMOLA out in order to improve on the outside of BLACK REGAL PRINCESS. Throughout the running, especially from the 1000m, IMOLA had a tendency to hang inwards and after turning for home and approaching the 200m, Mr Smith activated firstly the blinds and then the hood in order to straighten the horse up. Near the 200m Mr Smith found himself positioned behind Mr Dunn and opted at that point to put both reins in the left hand and use the whip with his right hand in a back hand manner in an attempt to shift AMOLA out and past Mr Dunn.

We were satisfied that although IMOLA was a difficult horse to drive, Mr Smith’s actions by using the whip in the right hand and both reins in the left hand, in order to manoeuvre IMOLA out and around BLACK REGAL PRINCESS did not constitute proper control when there were obvious alternative options in that situation.

We were also satisfied that Mr Dunn’s horse did drift out slightly in the straight but in saying that Mr Smith has an obligation and duty of care to drive within the rules irrespective of the racing manners and behaviour of the horse.

We also find that Mr Smith was never fully clear of Mr Dunn's horse from the moment he shifted wider on the home turn in order to improve past him and reject his submissions that the only option to improve around Mr Dunn with such a difficult horse was with the reins in the left hand and whip in the right. We determined that a prudent horseman would have had no option but to steady IMOLA and attempt to steer around Mr Dunn’s horse instead of taking the option of a risky manoeuvre.

The Committee found Mr Smith to have made an error of judgement and his actions in regard to this incident to constitute carelessness. We therefore found the charge proved.

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Ydgren informed the Committee that Mr Smith was a busy driver who drove on 421 occasions last season with 51 drives so far this season. Mr Smith’s record showed a breach of this rule on 15 September 2016 at Addington where he was fined the sum of $400. Mr Ydgren stated that the JCA Penalty Guide recommended a starting point for a 2nd breach of this rule within a 4-month period to be a 3-day suspension. He said there was some mitigation in this case with AMOLA being a difficult horse to drive and Mr Dunn’s horse which drifted out slightly marginally, aggravating the incident. Mr Ydgren submitted that the level of carelessness in this incident was mid-level as it was only Mr Smith’s horse that was affected with another out of contention runner being checked. He submitted that after taking all factors into consideration a 3-day suspension be considered as penalty in this case.

Mr Smith submitted that he would be driving at the local Canterbury meetings over the next period of time as well as at Dunedin on 6 October. He said his intention was to take BLADE to this meeting and was going to send the horse down with a junior driver in his employ. This junior driver had since resigned from his employ last week and he therefore was intending to take the horse to Dunedin himself. Mr Ydgren stated that the Stewards had no objection to this meeting at Dunedin being included in any period of suspension.

The issue of a deferment was discussed with Mr Smith who opted to take any suspension immediately.

Reasons for Penalty:

In determining penalty, the Committee took into account all mitigating and aggravation factors. The JCA Penalty Guide dictates a starting point of a 3-day suspension for a 2nd breach of this rule within 4 months. In adopting the starting point of a 3-day suspension, we determined that both aggravating and mitigating factors were neutral and decided that a 3-day suspension was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Smith’s Open Horseman’s licence was suspended from the conclusion of racing today, 25 September up to and including 6 October 2016. This suspension encompasses the meetings at Addington on 29 September, Banks Peninsula on 2 October and Dunedin on 6 October 2016.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869(3)(b)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: