NZ Metro TC 6 April 2018 – R 2 – Chair, Mr R McKenzie
ID: JCA15064
Meet Title:
NZ Metro TC - 6 April 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2018/04/06
Race Number:
R2
Decision:
The charge was found proved.
Penalty:
Mr Close’s Open Horseman’s licence is suspended from after the close of racing on 8th April 2018 up to and including 19th April 2018 - 3 days. The meetings intended to be encompassed by that period of suspension are Addington on 13th April, Methven on 15th April and Forbury Park on 19th April. Mr Close told the Committee that he did not intend driving at Winton on 14 April.
Facts:
Following the running of Race 2, PI & GJ Kennard Bloodstock Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R D Close, alleging a breach of Rule 869 (3) (b) in that Mr Close, as the driver of MONKEY’S WAY in the race “near the 900 metres shifted inwards and checked BONNIE HIGHLANDER (J R Dunn) which broke and lost his [sic] chance”.
Mr Close was present at the hearing of the information and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr Ydgren began by explaining that Stewards had spoken to Mr J R Dunn, driver of BONNIE HIGHLANDER, post-race and Stewards were electing not to call him as a witness at the hearing of this charge. Mr Ydgren then showed video replays of the relevant part of the race.
He pointed out BONNIE HIGHLANDER, driven by Mr Dunn, improving round the field 3-wide passing the winning post with a round to go with MONKEY’S WAY, driven by Mr Close on its back. Near the 1000 metres, Mr Dunn crossed to sit outside the leader. Passing the 900 metres, Mr Close went forward of Mr Dunn and shifted inwards and, in doing so, made contact with Mr Dunn’s horse’s leg, causing that runner to run out of room and break. Mr Close’s runner sustained a punctured tyre in the incident. The Stewards’ allegation is that Mr Close had not given himself sufficient room when crossing Mr Dunn, Mr Ydgren said.
Mr Close said that the bend is quite a sharp one and his horse was hanging badly. He said that he had been clear but, reaching the bend, it “all tightened up”. He accepted that he had made contact with the leg of Mr Dunn’s runner and that his own tyre had immediately punctured. He claimed that he been trying to give Mr Dunn as much room as he could. Mr Close stated that his defence to the charge was based on his assertion that his horse was hanging going into the bend. He pointed out on the video that the boring pole worn by his horse was “quite loose” but, he submitted, it had got tighter just prior to his crossing over.
Mr Ydgren responded that it was not apparent from the videos that Mr Close’s horse was hanging. Neither could Mr Close be seen to be taking any action to suggest that it was hanging, he said. He added that, if the horse was hanging when he was shifting forward, Mr Close had made no allowance for that when he did go forward of Mr Dunn, and this was of concern to Stewards, Mr Ydgren said. A driver having difficulty with his horse hanging in would be expected to be aware that he needed to take care to give himself more room, he added.
Mr Close said that he believed that he had given himself enough room but, with the horse hanging on the bend, it had come down quicker than he thought and he “didn’t quite cross” Mr Dunn.
Reasons for Decision:
The Committee found that Mr Close had followed Mr Dunn in the 3-wide line until the 1000 metres, at which point Mr Dunn crossed to the one-out line to race outside the leader. Mr Close pressed forward to cross Mr Dunn but misjudged the space he had available when he eventually crossed Mr Dunn near the 900 metres. Mr Close shifted inwards and, in doing so, the off-front leg of BONNIE HIGHLANDER struck the inside sulky wheel of MONKEY’S WAY which immediately punctured. BONNIE HIGHLANDER went off stride as a result and continued in a gallop losing all chance in the race. We were satisfied that that runner had galloped as a result of striking the wheel.
Mr Close freely admitted that BONNIE HIGHLANDER had struck his wheel and confirmed that his sulky tyre had punctured. His defence was, essentially, that his horse had been hanging at the time. The Committee was not impressed by that argument. It was not apparent from the videos that his horse was hanging and, in any event, it clearly did not excuse a patent error of judgement by Mr Close. Mr Close had crossed Mr Dunn when not sufficiently clear. It was a case of the facts speaking for themselves. The Committee was satisfied that Mr Close had driven carelessly as alleged.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide which recommended as a starting point for a breach of the rule a 10 drives’ suspension or a $500 fine. He described this breach as “mid-range offending” with “at least mid-range consequential effects” where another runner had been put out of contention in a $20,000 race. In the circumstances, Stewards felt that an appropriate penalty would be a suspension of Mr Close’s licence.
Mr Ydgren informed the Committee that Mr Close has a clear record under the Rule and is a reasonably busy driver in the Canterbury area. He has had 218 drives to date in the current season. Last season he had 349 drives and, in the 2015/16 season, a total of 425 drives.
It was agreed that Mr Close has been averaging three drives per meeting. On that basis, Mr Ydgren submitted, a 3-days’ suspension would be appropriate for this ‘clear-cut case” of careless driving, having regard to Mr Close’s good record.
Mr Close submitted that he believed that a 3-days’ suspension would be excessive for the breach and asked the Committee to consider 2 days.
After looking at upcoming meetings at which Mr Close would be likely to drive, Mr Close was offered the opportunity to seek a deferment of any suspension, but he elected to have a suspension commence after racing at Rangiora on 8 April, at which meeting he had declared drives.
Reasons for Penalty:
In arriving at penalty, the Committee firstly considered whether a fine or a suspension was the appropriate penalty. Mr Ydgren submitted that the latter should be considered by the Committee. Having regard to the fact that the race was a $20,000 race and having regard to the consequences of Mr Close’s carelessness, the Committee agreed that a suspension was called for. Further, the Committee decided that the Penalty Guide starting point should be uplifted to 12 drives for the consequences referred to.
The Committee then took that starting point of 12 drives and, based on Mr Close’s having, on average, three drives per meeting and giving him credit for a good record, the Committee concluded that a 3-days’ suspension was the appropriate penalty.
JCA Decision Fields (raw)
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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: a212e4d3cafe9669b25edfb88cc13fdf
informantnumber: A10227
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 09/04/2018
hearing_title: NZ Metro TC 6 April 2018 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, PI & GJ Kennard Bloodstock Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R D Close, alleging a breach of Rule 869 (3) (b) in that Mr Close, as the driver of MONKEY’S WAY in the race “near the 900 metres shifted inwards and checked BONNIE HIGHLANDER (J R Dunn) which broke and lost his [sic] chance”.
Mr Close was present at the hearing of the information and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren began by explaining that Stewards had spoken to Mr J R Dunn, driver of BONNIE HIGHLANDER, post-race and Stewards were electing not to call him as a witness at the hearing of this charge. Mr Ydgren then showed video replays of the relevant part of the race.
He pointed out BONNIE HIGHLANDER, driven by Mr Dunn, improving round the field 3-wide passing the winning post with a round to go with MONKEY’S WAY, driven by Mr Close on its back. Near the 1000 metres, Mr Dunn crossed to sit outside the leader. Passing the 900 metres, Mr Close went forward of Mr Dunn and shifted inwards and, in doing so, made contact with Mr Dunn’s horse’s leg, causing that runner to run out of room and break. Mr Close’s runner sustained a punctured tyre in the incident. The Stewards’ allegation is that Mr Close had not given himself sufficient room when crossing Mr Dunn, Mr Ydgren said.
Mr Close said that the bend is quite a sharp one and his horse was hanging badly. He said that he had been clear but, reaching the bend, it “all tightened up”. He accepted that he had made contact with the leg of Mr Dunn’s runner and that his own tyre had immediately punctured. He claimed that he been trying to give Mr Dunn as much room as he could. Mr Close stated that his defence to the charge was based on his assertion that his horse was hanging going into the bend. He pointed out on the video that the boring pole worn by his horse was “quite loose” but, he submitted, it had got tighter just prior to his crossing over.
Mr Ydgren responded that it was not apparent from the videos that Mr Close’s horse was hanging. Neither could Mr Close be seen to be taking any action to suggest that it was hanging, he said. He added that, if the horse was hanging when he was shifting forward, Mr Close had made no allowance for that when he did go forward of Mr Dunn, and this was of concern to Stewards, Mr Ydgren said. A driver having difficulty with his horse hanging in would be expected to be aware that he needed to take care to give himself more room, he added.
Mr Close said that he believed that he had given himself enough room but, with the horse hanging on the bend, it had come down quicker than he thought and he “didn’t quite cross” Mr Dunn.
reasonsfordecision:
The Committee found that Mr Close had followed Mr Dunn in the 3-wide line until the 1000 metres, at which point Mr Dunn crossed to the one-out line to race outside the leader. Mr Close pressed forward to cross Mr Dunn but misjudged the space he had available when he eventually crossed Mr Dunn near the 900 metres. Mr Close shifted inwards and, in doing so, the off-front leg of BONNIE HIGHLANDER struck the inside sulky wheel of MONKEY’S WAY which immediately punctured. BONNIE HIGHLANDER went off stride as a result and continued in a gallop losing all chance in the race. We were satisfied that that runner had galloped as a result of striking the wheel.
Mr Close freely admitted that BONNIE HIGHLANDER had struck his wheel and confirmed that his sulky tyre had punctured. His defence was, essentially, that his horse had been hanging at the time. The Committee was not impressed by that argument. It was not apparent from the videos that his horse was hanging and, in any event, it clearly did not excuse a patent error of judgement by Mr Close. Mr Close had crossed Mr Dunn when not sufficiently clear. It was a case of the facts speaking for themselves. The Committee was satisfied that Mr Close had driven carelessly as alleged.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide which recommended as a starting point for a breach of the rule a 10 drives’ suspension or a $500 fine. He described this breach as “mid-range offending” with “at least mid-range consequential effects” where another runner had been put out of contention in a $20,000 race. In the circumstances, Stewards felt that an appropriate penalty would be a suspension of Mr Close’s licence.
Mr Ydgren informed the Committee that Mr Close has a clear record under the Rule and is a reasonably busy driver in the Canterbury area. He has had 218 drives to date in the current season. Last season he had 349 drives and, in the 2015/16 season, a total of 425 drives.
It was agreed that Mr Close has been averaging three drives per meeting. On that basis, Mr Ydgren submitted, a 3-days’ suspension would be appropriate for this ‘clear-cut case” of careless driving, having regard to Mr Close’s good record.
Mr Close submitted that he believed that a 3-days’ suspension would be excessive for the breach and asked the Committee to consider 2 days.
After looking at upcoming meetings at which Mr Close would be likely to drive, Mr Close was offered the opportunity to seek a deferment of any suspension, but he elected to have a suspension commence after racing at Rangiora on 8 April, at which meeting he had declared drives.
reasonsforpenalty:
In arriving at penalty, the Committee firstly considered whether a fine or a suspension was the appropriate penalty. Mr Ydgren submitted that the latter should be considered by the Committee. Having regard to the fact that the race was a $20,000 race and having regard to the consequences of Mr Close’s carelessness, the Committee agreed that a suspension was called for. Further, the Committee decided that the Penalty Guide starting point should be uplifted to 12 drives for the consequences referred to.
The Committee then took that starting point of 12 drives and, based on Mr Close’s having, on average, three drives per meeting and giving him credit for a good record, the Committee concluded that a 3-days’ suspension was the appropriate penalty.
penalty:
Mr Close’s Open Horseman’s licence is suspended from after the close of racing on 8th April 2018 up to and including 19th April 2018 - 3 days. The meetings intended to be encompassed by that period of suspension are Addington on 13th April, Methven on 15th April and Forbury Park on 19th April. Mr Close told the Committee that he did not intend driving at Winton on 14 April.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: R D Close, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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race_title: R2
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meetdate: 06/04/2018
meet_title: NZ Metro TC - 6 April 2018
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meet_racingtype: harness-racing
meet_chair: RMcKenzie
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name: NZ Metro TC