NZ Metro TC – 7 October 2005 – Race 5

hearingid: 39a8d22ea683626865b26b5bb56df3fd

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hearing_racingtype: harness-racing

startdate: 07/10/2005

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decisiondate: no date provided

hearing_title: NZ Metro TC - 7 October 2005 - Race 5

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Decision:

Following the running of Race 5, the Avon City Ford Mobile Pace, an information was laid by Stipendiary Steward Mr B. D. Williams against Mr C. T. Woodward the driver of "Sandy's Dream" (9) alleging that he had committed a breach of Rule 868(3)

Following the running of Race 5, the Avon City Ford Mobile Pace, an information was laid by Stipendiary Steward Mr B. D. Williams against Mr C. T. Woodward the driver of "Sandy's Dream" (9) alleging that he had committed a breach of Rule 868(3). The charge reads as follows.

"I the above named informant allege that the above named Defendant committed a breach of Rule 868(3) in that C. T. Woodward (Sandy's Dream) failed to drive his horse out in the run home to finish in the best possible position."

Rules 869(3) read as follows.

Mr Woodward had pleaded not guilty to this breach of the Rules and he confirmed this at the hearing. Mr Woodward also agreed that he understood the Rule and the nature of the charge.

Mr Williams gave evidence that Mr Woodward drove "Sandy's Dream" which led into the straight for the final time. Mr Williams said that Mr Woodward showed some vigour in the early part of the run home when he "flicked" his whip on about three occasions. When the challenge came on the inside Mr Woodward became less vigorous, and over the concluding 60 metres or so of the race has appeared to have done little or nothing to encourage his horse to finish in a better position. Sandy's Dream" was beaten in to 2^nd position by a nose. "Sandy's Dream" was the third favourite for the race.

Stipendiary Steward Mrs Williams gave evidence that she was positioned at the top of the straight, and she used video coverage of the race to illustrate what she saw. Mrs Williams said that "Sandy's Dream" led into the straight and that it maintained a straight line as it was required to do. Mrs Williams pointed out the sparing use of the whip and the use of the reins by Mr Woodward. Mrs Williams also said that the horse did not appear to react negatively to the use of the whip.

Mr Woodward gave evidence that he had used the whip on a couple of occasions after entering the straight and believed he was going "good enough". About a 100 metres out she was battling and he had considered using the whip again. He did not do so, he said, because when he drove the horse last week it did not respond to the whip. Mr Woodward also said that it was "?.probably a judgement call. A bad error on my part".

Mr Woodward believed that the horse was doing its best, and as an alternative he had put the "stick under her tail". Mr Woodward also said that he believed that he had won the race.

Mr Woodward stressed that he believed that he had done the best he could to win the race.

Mr Woodward wanted to call the trainer of the horse, Mr B. Weaver, to give evidence about the characteristics of the horse, especially in relation to the use of the whip. However Mr Weaver was not available. Mr Williams said that he did not

believe this evidence would be helpful as Mr Woodward had used the whip on the horse last week with no negative results.

Mr Williams said that he would accept that the trainer may acknowledge that the horse does not take strong use of the whip, but that he did not believe that this would mitigate Mr Woodward's performance on this occasion.

We were satisfied that evidence from Mr Weaver was not essential.

At this stage of the hearing Mr Woodward was reminded that the charge was that he did not drive his horse out to end of the race. Mr Woodward said that in his opinion he did drive his horse out as required.

At the conclusion of the evidence Mr Williams summarised the Informant's case as follows.

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• The margin between 1^st and 2^nd was a nose.
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• Mr Woodward has acknowledged use of the whip the previous week.
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• There was no notification from the connections of the horse regarding a change in tactics with the horse.
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• Mr Woodward showed less vigour the closer he got to the finish.
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• That there is a public perception, and the integrity of harness racing.
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• That at best Mr Woodward made an error of judgement.

We adjourned to consider our decision,

After we had reviewed the evidence and the video coverage we were satisfied that Mr Woodward had not driven his horse out to the end of the race as required by the Rules. It is well established that the test is an objective one and an alleged breach of the Rule is to be considered by objective standards and not by the subjective views of the driver. The Rule requires a demonstration of tactics which can, by objective standards, be said to show that a horse was driven out to the end of the race. In particular we took account of the lack of use of the whip, and that Mr Woodward became less vigorous rather than more vigorous as the race came to its conclusion.

On returning to the Enquiry Room we gave the following oral decision.

"Having heard the evidence and having seen the video coverage of this incident we make the following findings.

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• Mr Woodward, driving "Sandy's Dream", led into the straight and was run down in the final stages to be beaten by a nose.
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• In the run home Mr Woodward used his whip on only a few occasions, and used other means of urging his horse very sparingly.
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• Over the final stages of the race Mr Woodward showed a lack of vigour.

Mr Woodward's explanation was ?

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• That the horse tended to react negatively to the whip. Mr Woodward did concede that he had used the whip on the horse on a previous occasion.
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• That in his opinion the horse was doing its best.

We find that, looked at objectively, Mr Woodward did not meet his

responsibility to drive his horse out to the end of the race and we find the charge proved."

Mr Woodward submitted that the suggested penalty was harsh, and suggested that a fine could be considered, but Mr Williams did not agree that a fine on its own would be appropriate.

It was discussed that a 6 week suspension would end after the Premier Day on 18 November 2005. It was also discussed that a suspension coupled with a fine might be appropriate.

We adjourned to consider our decision on penalty.

We were satisfied that this charge is relatively serious, and on checking previous penalties for a breach of this Rule noted that penalties imposed have been quite severe. We were also satisfied that a breach of this particular Rule invariably jeopardises the integrity of harness racing, and this is one of the specific matters which we must have regard to when assessing penalty; see Rule 1114(2)(d). It is expected that all participants in a race will be given every possible opportunity by their drivers, and that when the race has been run all participating horses will have been fully tested.

We were satisfied that the recommended penalty was appropriate in the circumstances. We had a concern that a 6 week suspension would have ended after racing on 18 November 2005. The last 2 weeks of this suspension includes three Premier Days racing at Addington. We were satisfied that a suspension over this period would amount to much more than a 6 week suspension, and would have been unduly harsh.

Taking all the above matters into account we determined that Mr Woodward would be suspended from race driving from after the conclusion of racing on 9 October 2005 until after the conclusion of racing on 4 November 2005. This is a 4 weeks suspension. In addition Mr Woodward was fined the sum of $1000-00.

On returning the Enquiry Room we advised the parties of our decision.

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hearing_type: Old Hearing

Rules: 868.3, 1114.2.d

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raceid: c580213f3af1eb12d4d50bb383aef59e

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race_title: Race 5

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meetdate: 07/10/2005

meet_title: NZ Metro TC - 7 October 2005

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name: NZ Metro TC