NZ Metro TC – 28 March 2008 – Race 8

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hearing_racingtype: harness-racing

startdate: 28/03/2008

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hearing_title: NZ Metro TC - 28 March 2008 - Race 8

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Decision:

Following the running of Race 8, the George Calvert Cleaning Easter Cup, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. J. Reid, the driver of “Baileys Dream” (8), alleging a breach of Rule 869(5) the “half carting” rule.  

DECISION AND REASONS:

Following the running of Race 8, the George Calvert Cleaning Easter Cup, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. J. Reid, the driver of “Baileys Dream” (8), alleging a breach of Rule 869(5) the “half carting” rule.  

The charge as originally laid alleged the breach had taken place with approximately 2300 metres to run.  It was clear that the allegation was that the breach had taken place between the 2600 metre mark and the 2300 metre mark.  In accordance with Rule 1111(4) the information was amended, and the charge was as follows.

“I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869(5) in that S. Reid the driver of Bailey’s Dream half carted from the 2600m to approx the 2300m mark”

Rule 869(5) reads as follows.

“A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.”

Mr Reid had indicated on the information that he did not admit the breach of this Rule and he confirmed this at the hearing.  Mr Reid also agreed that he understood the Rule and the charge.

Stipendiary Steward Mr McIntyre gave evidence that on entering the straight at about the 2600 metre mark Mr Reid was trailing the outside wheel of the horse in front of him, “Waipawa Lad”.  Mr McIntyre also said that the purpose of this rule is to ensure that the trailing runners are not adversely affected in their decision whether to improve or not.

Stipendiary Steward Mr Ydgren used video coverage to show this incident.  He pointed out that after entering the straight for the first time Mr Reid was trailing the wheel of the horse in front of him, and this continued until about the 2300 metre mark.  It was illustrated that the manner in which Mr Reid had driven meant that following horses would have had to move wider on the track than would normally have been necessary.

Mr Reid asked Mr McIntyre if he agreed that Mr Purdon was trailing his

wheel.  Mr McIntyre agreed, but said that he believed that Mr Purdon was attempting to go forward but was “in no man’s land” as to what to do with Mr Reid half carting on Mr Jones’ (“Waipawa Lad’s”) wheel.

          Mr Reid said that he understood the Rule but that coming down the home straight he believed that Mr Purdon was trailing his wheel to try and make him (Mr Reid) come out.  He believed that Mr Purdon could easily have gone forward had he wished, and that he was not intentionally half carting. 

          After hearing the evidence we adjourned to consider our decision.  We were satisfied that between the 2600 and 2300 metre marks Mr Reid had “half carted”, and this was clearly shown by the video coverage.  We rejected Mr Reid’s evidence that the way he drove his horse was in some way affected by the horses behind him.

We were satisfied that the charge had been proved.

          On returning to the Enquiry Room we advised the parties that a full written decision would be given later, and gave the following oral decision.

          “Having seen the video coverage, and having heard the evidence, we are satisfied that from the 2600 to the 2300 metre mark Mr Reid was trailing the wheel of the horse in front of him.  Mr Reid gave evidence about the part other horses may have played in this incident, but we are satisfied this related to horses behind him, and that these horses were those affected by the alleged half carting.  The Rule is clear that a driver shall trail with his horse’s head behind the seat of the sulky being trailed.

          We find that Mr Reid was not complying with the Rule and we find the charge proved.”

Penalty: 

Mr McIntyre advised that Mr Reid had a clear record.  As this was a Group 1 $150,000-00 race a fine of $300 was recommended. Mr McIntyre also said that the recommended fine was based on a similar charge against Mr A. M. Butt on 1 February this year.  In that case the race was also a Group 1 race for

$100,000-00.  We were aware of this case.

Mr Reid thought that the amount of the fine was excessive.

As this breach was very similar in all its circumstances to the A. M. Butt case, and to be consistent, we decided that a fine of $300-00 was appropriate, and Mr Reid was fined this amount.

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J. M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 869.5, 1111.4

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raceid: 693059de30dabde833cc16bea6953d59

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race_title: Race 8

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meetdate: 28/03/2008

meet_title: NZ Metro TC - 28 March 2008

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name: NZ Metro TC