NZ Metro TC 7 July 2011 – R 2
ID: JCA14121
Meet Title:
NZ Metro TC - 7 July 2011
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/07/07
Race Number:
R2
Decision:
This committee finds that the Stipendiary Stewards evidence satisfies us that Ms Laing drove carelessly, and the charged is found to be proved accordingly.
Penalty:
Ms Laing is suspended from race driving from the conclusion of racing on Thursday 7th July 2011 until the conclusion of racing on Thursday 21st July. That suspension encompasses meetings at Forbury Park 12th July, NZMTC 15th July, Rangiora 16th July and Forbury Park 21st July 2011.
Charge:
Alleged that rounding the first turn Angela Laing attempted to shift "The Friendlyassassin" down to the pylons when not having a clear advantage to do so, resulting in "The Friendlyassassin" being checked and breaking.
Facts:
Mr McIntyre alleged that Ms Laing when rounding the first turn, she attempted to move Mr R Holmes drive, "The Friendly Assassin" down on to the pylons but at a time when she did not have a clear advantage over that horse in terms of the "Easing Down" regulations, which provide:
"Subject to Rule 869(3) Careless driving, Rule 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....."
Mr McIntyre called Mr Holmes, who told the hearing that he was racing 3-wide, trailing "Mike McKaid" (N Williamson) with Ms Laing immediately adjacent to him. He said that Ms Laing saw an opportunity to force him down, but that her actions caused his horse to pace roughly, and then to break. He conceded that his horse was having its first start and that perhaps a more experienced horse might not have broken in the circumstances. Whatever the situation, however, he was firm in his view that Ms Laing did not have a clear advantage on him at any time prior to his horse breaking. Furthermore, she did not at any time have a trailing position behind "Mike McKaid".
Mr McIntyre then requested Mr Andrew Ray, Stipendiary Steward to show the incident on the video coverage from the side-on and head-on views.
In response, Ms Laing said that coming around the first bend, that when she got up alongside of Mr Holmes' drive, that the stays on their sulkies locked up for a time and that Mr Holmes' horse did not break until such time as they broke apart. She said that Mr Holmes' horse had been pacing satisfactorily up until then. She believed at all times that she was in a position to force Mr Holmes down on to the pylons.
Submissions for Decision:
In summary, Mr McIntyre submitted that Ms Laing was not in a position, in terms of the "Easing Down" regulations, to force Mr Holmes down because she did not have a clear advantage over Mr Holmes' horse. He acknowledged that Mr Holmes horse may have been "green", and that a more experienced horse may not have broken.
Ms Laing had nothing to add to her evidence.
Reasons for Decision:
After hearing the evidence, and viewing the video coverage of the incident, this committee finds as a fact that Ms Laing did not have a clear advantage, when she attempted to force Mr Holmes' horse down on to the pylons. This finding is reinforced by Ms Laing's evidence that the stays on the sulkies locked up for a time. This indicates that the horses, must at the material time, have been racing on even terms. Having carefully considered the video evidence, we also find that we prefer the evidence of Mr Holmes.
We also find that whilst it was conceded that Mr Holmes' horse was having its first start and may have been "green", that fact is only relevant to mitigation of penalty, but not to culpabilty.
Submissions for Penalty:
Mr McIntyre told the hearing that to all intents and purposes, that Ms Laing has a clear record for charges of this nature. He submitted that it was an aggravating feature that "The Friendlyassassin" lost all chances in the race as it did not recover sufficiently from its break from gait to run an effective part in the race. He submiited that a fine in the region of $400 should be imposed.
Ms Laing, in response, said that she would prefer to receive a suspension. She said that she had 78 drives in the current season and that she had a good record.
Mr McIntyre then submitted that if a suspension was to be imposed that the length of the suspension should be sufficient to encompass 8 drives.
Reasons for Penalty:
Having considered the submissions on the question of penalty, we have decided that our starting point for a suspension is a period to encompass 8 drives. Having regard to the fact that Ms Laing drives approximately twice per meeting, a suspension to cover 4 meetings is considered appropriate. Some cognisance is given to the view that a more experienced horse may not have broken, but to large extent, such a view is speculative. Ms Laing does have a good record and is entitled to some credit for that, but against that is the aggravating feature of her actions having deprived "The Friendlyassassin" of all chances in the race. That being the case, we see no reason to depart from our starting point of a suspension to cover 8 drives.
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: 9abba688a520be0c4ff06561be70d81b
informantnumber: 64887
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 06/07/2011
hearing_title: NZ Metro TC 7 July 2011 - R 2
charge:
Alleged that rounding the first turn Angela Laing attempted to shift "The Friendlyassassin" down to the pylons when not having a clear advantage to do so, resulting in "The Friendlyassassin" being checked and breaking.
facts:
Mr McIntyre alleged that Ms Laing when rounding the first turn, she attempted to move Mr R Holmes drive, "The Friendly Assassin" down on to the pylons but at a time when she did not have a clear advantage over that horse in terms of the "Easing Down" regulations, which provide:
"Subject to Rule 869(3) Careless driving, Rule 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....."
Mr McIntyre called Mr Holmes, who told the hearing that he was racing 3-wide, trailing "Mike McKaid" (N Williamson) with Ms Laing immediately adjacent to him. He said that Ms Laing saw an opportunity to force him down, but that her actions caused his horse to pace roughly, and then to break. He conceded that his horse was having its first start and that perhaps a more experienced horse might not have broken in the circumstances. Whatever the situation, however, he was firm in his view that Ms Laing did not have a clear advantage on him at any time prior to his horse breaking. Furthermore, she did not at any time have a trailing position behind "Mike McKaid".
Mr McIntyre then requested Mr Andrew Ray, Stipendiary Steward to show the incident on the video coverage from the side-on and head-on views.
In response, Ms Laing said that coming around the first bend, that when she got up alongside of Mr Holmes' drive, that the stays on their sulkies locked up for a time and that Mr Holmes' horse did not break until such time as they broke apart. She said that Mr Holmes' horse had been pacing satisfactorily up until then. She believed at all times that she was in a position to force Mr Holmes down on to the pylons.
appealdecision:
isappeal:
submissionsfordecision:
In summary, Mr McIntyre submitted that Ms Laing was not in a position, in terms of the "Easing Down" regulations, to force Mr Holmes down because she did not have a clear advantage over Mr Holmes' horse. He acknowledged that Mr Holmes horse may have been "green", and that a more experienced horse may not have broken.
Ms Laing had nothing to add to her evidence.
reasonsfordecision:
After hearing the evidence, and viewing the video coverage of the incident, this committee finds as a fact that Ms Laing did not have a clear advantage, when she attempted to force Mr Holmes' horse down on to the pylons. This finding is reinforced by Ms Laing's evidence that the stays on the sulkies locked up for a time. This indicates that the horses, must at the material time, have been racing on even terms. Having carefully considered the video evidence, we also find that we prefer the evidence of Mr Holmes.
We also find that whilst it was conceded that Mr Holmes' horse was having its first start and may have been "green", that fact is only relevant to mitigation of penalty, but not to culpabilty.
Decision:
This committee finds that the Stipendiary Stewards evidence satisfies us that Ms Laing drove carelessly, and the charged is found to be proved accordingly.
sumissionsforpenalty:
Mr McIntyre told the hearing that to all intents and purposes, that Ms Laing has a clear record for charges of this nature. He submitted that it was an aggravating feature that "The Friendlyassassin" lost all chances in the race as it did not recover sufficiently from its break from gait to run an effective part in the race. He submiited that a fine in the region of $400 should be imposed.
Ms Laing, in response, said that she would prefer to receive a suspension. She said that she had 78 drives in the current season and that she had a good record.
Mr McIntyre then submitted that if a suspension was to be imposed that the length of the suspension should be sufficient to encompass 8 drives.
reasonsforpenalty:
Having considered the submissions on the question of penalty, we have decided that our starting point for a suspension is a period to encompass 8 drives. Having regard to the fact that Ms Laing drives approximately twice per meeting, a suspension to cover 4 meetings is considered appropriate. Some cognisance is given to the view that a more experienced horse may not have broken, but to large extent, such a view is speculative. Ms Laing does have a good record and is entitled to some credit for that, but against that is the aggravating feature of her actions having deprived "The Friendlyassassin" of all chances in the race. That being the case, we see no reason to depart from our starting point of a suspension to cover 8 drives.
penalty:
Ms Laing is suspended from race driving from the conclusion of racing on Thursday 7th July 2011 until the conclusion of racing on Thursday 21st July. That suspension encompasses meetings at Forbury Park 12th July, NZMTC 15th July, Rangiora 16th July and Forbury Park 21st July 2011.
hearing_type: Hearing
Rules: Rule 869(3)(b), No Horseman in a race shall drive:, (b)Carelessly
Informant: N McIntyre - Stipendiary Steward, A Ray - Stipendiary Steward
JockeysandTrainer: Angela Laing - Licensed Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: dd3a2342a3a8e8168985b2afdea19c14
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 41a6189be4721f9a1f952f9d0289a13c
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meetdate: 07/07/2011
meet_title: NZ Metro TC - 7 July 2011
meet_expappcomment:
meet_km:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC