NZ Metro TC 30 January 2015 – R 6
ID: JCA12315
Meet Title:
NZ Metro TC - 30 January 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/01/30
Race Number:
R6
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr May was fined the sum of $800.
Facts:
Following the running of Race 6, the PGG Wrightson NZ Yearling Sales Series No.23 3yo Fillies Championship, an information was filed by Stipendiary Steward Mr N M Ydgren against Open Horseman, Mr RT May, alleging a breach of Rule 869(3) (b) in that he angled his drive KATY PERRY inwards passing the 1700m making contact with JOANNES A DELIGHT, driven by AM Butt, which broke.
Mr May 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(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Easing Down Regulations read as follows;
These regulations are made by the Board pursuant to the Rules of Harness Racing.
Subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner. Easing down applies during the final 1,000 metres, regardless of margin so long as it does not cause interference.
Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that near the 1700m, Mr May, driving KATY PERRY, who had drawn 7 at the mobile gate, was racing just behind the leaders and approximately 4 wide. Mr Ydgen showed JOANNES DELIGHT, driven by Mr Butt, on the pylons shift outwards and take up a position on the back of DELIGHTFUL LANA. Mr Ydgren stated that Mr Butt had established himself on the back of Mr Dunn at the same time Mr May attempted to ease JOANNES DELIGHT down. He said that Mr May was not in a position to ease Mr Butt down as he did not hold an advantage on him and was not entitled to attempt the manoeuvre. He said it was clear to see that Mr May was at least a head behind Mr Butt when he was attempting to shift Mr Butt down. He said that shortly after contact was made, Mr Butt's horse breaks. Mr Ydgren pointed out the marks on the track made by the inside wheel of Mr Butt's horse which showed the considerable pressure between the two sulky’s when Mr May was attempting to shift Mr Butt down. Mr Ydgren submitted that Mr May was never in a position to be attempting that manoeuvre however he has persisted with it, continued on and caused Mr Butt's horse to gallop, losing considerable ground. Mr Ydgren reiterated the Easing Down Regulations which states “horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.”
Mr Butt gave evidence that he had drawn one on the second row and racing into the first bend he observed there was an opportunity to come off the fence, as there was ample room on the outside. He said he moved off the fence and got onto Mr Dunn's back (DELIGHTFUL LANA). Mr Butt stated that he believed he was established in that position on the back of Mr Dunn and when Mr May attempted to push him down, this caused JOANNES DELIGHT to break. Mr Butt stated that he had an advantage over Mr May of a head to a half neck at the time Mr May attempted to push him down. He also said that the manoeuvre by Mr May was aggressive but normal as you would expect to find in most races. He said that his horse broke because of the contact between KATY PERRY and JOANNES DELIGHT.
Mr May asked Mr Butt to consider that it was a 50/50 call as Mr Butt had his horses head out and he had his horse head angled in with them both going for the position behind Mr Dunn. Mr Butt agreed with Mr May that the contact between the horses was cart to cart not cart to horse’s leg. Mr May put it to Mr Butt, that the off side back leg tripped on JOANNES DELIGHT causing her to break. He asked whether that had occurred because of contact with the cart. Mr Butt was unable to confirm that that was the case. Mr Butt stated that it was when Mr May was attempting to push his horse down was when JOANNES DELIGHT broke. Mr Butt, in answer to a question from Mr Ydgren, stated that he was certain that he had an advantage over Mr May when Mr May was attempting to shift him down. He said it was clear on the films.
Mr May, in defence, said that he thought he had an advantage over Mr Butt when attempting to ease him down. He also said that he believed he had established himself on Mr Dunn's back and that Mr Butt was on Mr Dunn’s wheel and was never established on Mr Dunn's back. He said there was no contact with his sulky and JOANNES DELIGHT’s leg. He stated that it was probably cart movement that caused JOANNES DELIGHT to trip and break. He said that his easing down manoeuvre was normal and believed that JOANNES DELIGHT should not have broken with most horses not breaking in similar circumstances. He said it was a 50/50 call to say who had the advantage on who in this manoeuvre and who was established behind Mr Dunn.
Reasons for Decision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 1700m to run, JOANNES DELIGHT, had rightfully shifted out from a pylons run and was established on the back of DELIGHFUL LANA, as was the evidence given by Mr Butt, with which we agree. The video evidence, in our opinion, confirmed that. When cross examining Mr Butt, Mr May did not dispute this. We were also satisfied that Mr May did not have an advantage over Mr Butt and in fact the video evidence confirmed Mr Butt’s evidence that he had an advantage of a head to ½ a neck on Mr May. We found Mr May applied downward pressure to Mr Butt’s drive, JOANNES DELIGHT, to such a degree that Mr Butt’s horse eventually broke. Mr Butt’s evidence was unequivocal in that his horse would not have broken but for the pressure from Mr May. In making those findings we are satisfied that Mr May drove carelessly and was in breach of the Easing Down Regulations. We therefore found the charge of careless driving proved.
Submissions for Penalty:
Mr Ydgren submitted that the consequential effects of Mr May’s driving was that 3rd favourite, JOANNES DELIGHT, broke losing considerable ground and did not have its chance to compete fairly in the race. He said the status of the race, being a listed race with a stake of $156,000, needed to be taken into consideration. He submitted that the level of carelessness was mid-range with the consequences of his actions, severe. He stated that Mr May was a very busy driver and had an excellent penalty record under this rule. Mr Ydgren stated the JCA penalty guide recommends a starting point of a 30 drive suspension or a $1500 fine for a breach of this Rule in a major race. Mr Ydgren stated that a similar breach admitted by Open Horseman Mr R Holmes in the same event the previous year resulted in a fine of $700. Mr Ydgren submitted that a fine in excess of $700 be considered as penalty.
Mr May made no submissions in regard to penalty.
Reasons for Penalty:
In determining penalty, the Committee gave consideration to all aggravating and mitigating factors. The Committee agreed with the Stewards that the level of carelessness was mid-range with the consequential effects to third favoured runner, JOANNES DELIGHT, at a high level. Another aggravating factor was the listed status and stake payable, $156,000, of the race. The only mitigating factor we could take into account was Mr May’s penalty record, which was described as excellent. After taking into consideration the historic, admitted breach of the rule by Mr R Holmes, where the penalty was a fine of $700, we determined that a fine of $800 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: 4d4f9eeb6203bc42730932c3c57b12f6
informantnumber: A1457
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(3)(b)-Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 01/02/2015
hearing_title: NZ Metro TC 30 January 2015 - R 6
charge:
facts:
Following the running of Race 6, the PGG Wrightson NZ Yearling Sales Series No.23 3yo Fillies Championship, an information was filed by Stipendiary Steward Mr N M Ydgren against Open Horseman, Mr RT May, alleging a breach of Rule 869(3) (b) in that he angled his drive KATY PERRY inwards passing the 1700m making contact with JOANNES A DELIGHT, driven by AM Butt, which broke.
Mr May 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(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Easing Down Regulations read as follows;
These regulations are made by the Board pursuant to the Rules of Harness Racing.
Subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner. Easing down applies during the final 1,000 metres, regardless of margin so long as it does not cause interference.
Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that near the 1700m, Mr May, driving KATY PERRY, who had drawn 7 at the mobile gate, was racing just behind the leaders and approximately 4 wide. Mr Ydgen showed JOANNES DELIGHT, driven by Mr Butt, on the pylons shift outwards and take up a position on the back of DELIGHTFUL LANA. Mr Ydgren stated that Mr Butt had established himself on the back of Mr Dunn at the same time Mr May attempted to ease JOANNES DELIGHT down. He said that Mr May was not in a position to ease Mr Butt down as he did not hold an advantage on him and was not entitled to attempt the manoeuvre. He said it was clear to see that Mr May was at least a head behind Mr Butt when he was attempting to shift Mr Butt down. He said that shortly after contact was made, Mr Butt's horse breaks. Mr Ydgren pointed out the marks on the track made by the inside wheel of Mr Butt's horse which showed the considerable pressure between the two sulky’s when Mr May was attempting to shift Mr Butt down. Mr Ydgren submitted that Mr May was never in a position to be attempting that manoeuvre however he has persisted with it, continued on and caused Mr Butt's horse to gallop, losing considerable ground. Mr Ydgren reiterated the Easing Down Regulations which states “horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.”
Mr Butt gave evidence that he had drawn one on the second row and racing into the first bend he observed there was an opportunity to come off the fence, as there was ample room on the outside. He said he moved off the fence and got onto Mr Dunn's back (DELIGHTFUL LANA). Mr Butt stated that he believed he was established in that position on the back of Mr Dunn and when Mr May attempted to push him down, this caused JOANNES DELIGHT to break. Mr Butt stated that he had an advantage over Mr May of a head to a half neck at the time Mr May attempted to push him down. He also said that the manoeuvre by Mr May was aggressive but normal as you would expect to find in most races. He said that his horse broke because of the contact between KATY PERRY and JOANNES DELIGHT.
Mr May asked Mr Butt to consider that it was a 50/50 call as Mr Butt had his horses head out and he had his horse head angled in with them both going for the position behind Mr Dunn. Mr Butt agreed with Mr May that the contact between the horses was cart to cart not cart to horse’s leg. Mr May put it to Mr Butt, that the off side back leg tripped on JOANNES DELIGHT causing her to break. He asked whether that had occurred because of contact with the cart. Mr Butt was unable to confirm that that was the case. Mr Butt stated that it was when Mr May was attempting to push his horse down was when JOANNES DELIGHT broke. Mr Butt, in answer to a question from Mr Ydgren, stated that he was certain that he had an advantage over Mr May when Mr May was attempting to shift him down. He said it was clear on the films.
Mr May, in defence, said that he thought he had an advantage over Mr Butt when attempting to ease him down. He also said that he believed he had established himself on Mr Dunn's back and that Mr Butt was on Mr Dunn’s wheel and was never established on Mr Dunn's back. He said there was no contact with his sulky and JOANNES DELIGHT’s leg. He stated that it was probably cart movement that caused JOANNES DELIGHT to trip and break. He said that his easing down manoeuvre was normal and believed that JOANNES DELIGHT should not have broken with most horses not breaking in similar circumstances. He said it was a 50/50 call to say who had the advantage on who in this manoeuvre and who was established behind Mr Dunn.
reasonsfordecision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 1700m to run, JOANNES DELIGHT, had rightfully shifted out from a pylons run and was established on the back of DELIGHFUL LANA, as was the evidence given by Mr Butt, with which we agree. The video evidence, in our opinion, confirmed that. When cross examining Mr Butt, Mr May did not dispute this. We were also satisfied that Mr May did not have an advantage over Mr Butt and in fact the video evidence confirmed Mr Butt’s evidence that he had an advantage of a head to ½ a neck on Mr May. We found Mr May applied downward pressure to Mr Butt’s drive, JOANNES DELIGHT, to such a degree that Mr Butt’s horse eventually broke. Mr Butt’s evidence was unequivocal in that his horse would not have broken but for the pressure from Mr May. In making those findings we are satisfied that Mr May drove carelessly and was in breach of the Easing Down Regulations. We therefore found the charge of careless driving proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren submitted that the consequential effects of Mr May’s driving was that 3rd favourite, JOANNES DELIGHT, broke losing considerable ground and did not have its chance to compete fairly in the race. He said the status of the race, being a listed race with a stake of $156,000, needed to be taken into consideration. He submitted that the level of carelessness was mid-range with the consequences of his actions, severe. He stated that Mr May was a very busy driver and had an excellent penalty record under this rule. Mr Ydgren stated the JCA penalty guide recommends a starting point of a 30 drive suspension or a $1500 fine for a breach of this Rule in a major race. Mr Ydgren stated that a similar breach admitted by Open Horseman Mr R Holmes in the same event the previous year resulted in a fine of $700. Mr Ydgren submitted that a fine in excess of $700 be considered as penalty.
Mr May made no submissions in regard to penalty.
reasonsforpenalty:
In determining penalty, the Committee gave consideration to all aggravating and mitigating factors. The Committee agreed with the Stewards that the level of carelessness was mid-range with the consequential effects to third favoured runner, JOANNES DELIGHT, at a high level. Another aggravating factor was the listed status and stake payable, $156,000, of the race. The only mitigating factor we could take into account was Mr May’s penalty record, which was described as excellent. After taking into consideration the historic, admitted breach of the rule by Mr R Holmes, where the penalty was a fine of $700, we determined that a fine of $800 was an appropriate penalty in this case.
penalty:
Accordingly Mr May was fined the sum of $800.
hearing_type: Hearing
Rules: 869 (3) (b)
Informant: N M Ydgren- Stipendiary Steward
JockeysandTrainer: R T May-Open Horseman
Otherperson: A M Butt-Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: a4c9c23ca7b449d9da3b1567904d0a2a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5f22ff2bd2d8942120613118dd82fc9c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/01/2015
meet_title: NZ Metro TC - 30 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC