NZ Metropolitan TC 26 March 2021 – R 3 – Chair, Mr R McKenzie
ID: JCA15926
Meet Title:
NZ Metro TC - 26 March 2021
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2021/03/26
Race Number:
R3
Decision:
The charge is found proved.
Penalty:
Ms Ottley is fined the sum of $600.
Facts:
Following the running of Race 3, Nevele R Fillies Series No. 43 (Heat 4) Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Ms SJ Ottley, alleging that Ms Ottley, as the driver of LA ROSA in the race, “drove improperly by failing to take her runner clear of the field in the score up which resulted in a false start being declared”.
Ms Ottley had signed the Statement by the Respondent on the Information form indicating that she denied the charge. She confirmed this at the hearing, at which she was present.
Rule 869 provides as follows:
(3) No driver in any race shall drive:
(f) improperly.
Submissions for Decision:
Mr Ydgren had Stipendiary Steward, Mr P Williams, point out on a video replay LA ROSA, driven by Ms Ottley, drawn barrier position 1, as the field began to score up behind the mobile barrier for the 1980 metres race.
As the runners came out of the pre-race circle, LA ROSA switched from a pace and into a gallop. Ms Ottley permitted the filly to gallop along behind the gate, basically unchecked, ensuring a false start so the horse could get another run, Mr Ydgren submitted.
Ms Ottley had explained to Stewards that her intention had been to allow the mobile to quicken so the horse could find its hopples, Mr Ydgren said. He said that such explanation was reasonable for a short distance but, at some stage, the onus is on Ms Ottley, on a galloping runner, to restrain her horse and ensure that it did not cause interference in the score up, rather than simply allow it to run along in a gallop. She had forced the Starter to declare a false start and, as a result, LA ROSA was given another opportunity in the restart, Mr Ydgren said.
Ms Ottley had opportunities to restrain the horse and take it away from the field or, in this case to shift inside the track markers, Mr Ydgren submitted. She has taken a wrong option in maintaining her position.
Ms Ottley said that the gate was going too slow and, often, a horse like LA ROSA will return to its correct gait when it goes a bit faster. She denied that her intention was ever “improper”. She was trying to do the best for the horse by letting it go to bring it back to its gait. The horse can “boot” if it is grabbed hold of, so that is a safety issue, she said.
Ms Ottley called the Trainer of the horse, Mr M P Jones. He spoke of the history of the filly and its family of causing false starts. If Ms Ottley had grabbed a hold of it, it could have interfered with a number of other runners, he said. He believed that the manners of the horse should be taken into account. He further believed that a false start should have been called earlier. If Ms Ottley had grabbed hold of the horse, it was possible that a number of other runners would have been interfered with. He said that there was every chance that the horse would have got back into its gait as the gate went quicker. A false start was inevitable, he said. Ms Ottley had done her best.
Mr Ydgren said that the horse is prominent in the Stewards’ records regarding its manners at the start. It was stood down to trial following its most recent start, he said. He agreed with Mr Jones that the barrier manners of the horse were unsatisfactory but this charge involves Ms Ottley’s actions, he said.
Reasons for Decision:
The Committee is prepared to accept Ms Ottley’s assertion that she did not intend to cause a false start with a view to her runner having another attempt at the start. Had she done so, we would have viewed the breach as more serious. However, there is no evidence that Ms Ottley intended to cause a false start.
However, it is beyond dispute that she did, in fact, cause a false start by allowing LA ROSA to gallop for an excessive distance, right up to the start point. She told us that she had done so in the hope that the horse would regain its correct gait prior to the start point.
We say “excessive distance” because her very clear obligation, in the Committee’s view, was to restrain her runner and, if necessary, take it out of the way of following runners to avoid interference to them. She, quite clearly, had the opportunity to do this.
We noted the evidence of Ms Ottley and Mr Jones as to the manners of LA ROSA. The filly obviously can be difficult. However, the Committee is of the view, contrary to the submissions of Mr Jones, that the horse’s manners are relevant only to a point and it is Ms Ottley’s actions in allowing it to gallop while maintaining its position to the starting point that leads us to find the charge of improper driving to be proved.
Submissions for Penalty:
Mr Ydgren began by saying that there are various shades of improper driving, some quite serious, but this breach is not one of the serious ones. Ms Ottley has been charged with improper driving, being the only Rule under which she could be charged. Rule 870(1) & (2) only have application during the running of a race, he submitted.
The Penalty Guide starting point is a 25-drives suspension which would be excessive for this breach. However, Stewards were submitting for a penalty of suspension, Mr Ydgren said.
Ms Ottley has had 558 drives to date in the current season and, last season, 644 drives. She is one of the busiest drivers in the country, Mr Ydgren said.
Ms Ottley said that a suspension at this time would be harsh, as she drives at every race meeting in the South Island and there are some major meetings coming up. She said that she preferred a fine.
Reasons for Penalty:
It is fair to say that the Penalty Guide is of little assistance in this instance. The Committee has decided that the breach can be dealt with by way of a fine. Mr Ydgren had said that, if the Committee were to decide that a fine is the appropriate penalty, he would leave the amount of that fine to the Committee.
We do note, however, that the Penalty Guide starting point for a breach of Rule 870(1) – failing to take a breaking horse clear of the field - is a fine of $400. This was the only assistance that we could get from the Penalty Guide, although a breach of that Rule is quite different.
On the basis that the circumstances of the breach by Ms Ottley are more serious than the average breach of Rule 870(1), which are rare in any event, and taking the starting point of a $400 fine, the Committee has decided that an uplift by 50% will adequately redress the breach.
JCA Decision Fields (raw)
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hearingid: e6064de0c9884810850c811372f141ff
informantnumber: A13307
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Improper Driving
plea: denied
penaltyrequired: 1
decisiondate: 01/04/2021
hearing_title: NZ Metropolitan TC 26 March 2021 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Nevele R Fillies Series No. 43 (Heat 4) Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Ms SJ Ottley, alleging that Ms Ottley, as the driver of LA ROSA in the race, “drove improperly by failing to take her runner clear of the field in the score up which resulted in a false start being declared”.
Ms Ottley had signed the Statement by the Respondent on the Information form indicating that she denied the charge. She confirmed this at the hearing, at which she was present.
Rule 869 provides as follows:
(3) No driver in any race shall drive:
(f) improperly.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren had Stipendiary Steward, Mr P Williams, point out on a video replay LA ROSA, driven by Ms Ottley, drawn barrier position 1, as the field began to score up behind the mobile barrier for the 1980 metres race.
As the runners came out of the pre-race circle, LA ROSA switched from a pace and into a gallop. Ms Ottley permitted the filly to gallop along behind the gate, basically unchecked, ensuring a false start so the horse could get another run, Mr Ydgren submitted.
Ms Ottley had explained to Stewards that her intention had been to allow the mobile to quicken so the horse could find its hopples, Mr Ydgren said. He said that such explanation was reasonable for a short distance but, at some stage, the onus is on Ms Ottley, on a galloping runner, to restrain her horse and ensure that it did not cause interference in the score up, rather than simply allow it to run along in a gallop. She had forced the Starter to declare a false start and, as a result, LA ROSA was given another opportunity in the restart, Mr Ydgren said.
Ms Ottley had opportunities to restrain the horse and take it away from the field or, in this case to shift inside the track markers, Mr Ydgren submitted. She has taken a wrong option in maintaining her position.
Ms Ottley said that the gate was going too slow and, often, a horse like LA ROSA will return to its correct gait when it goes a bit faster. She denied that her intention was ever “improper”. She was trying to do the best for the horse by letting it go to bring it back to its gait. The horse can “boot” if it is grabbed hold of, so that is a safety issue, she said.
Ms Ottley called the Trainer of the horse, Mr M P Jones. He spoke of the history of the filly and its family of causing false starts. If Ms Ottley had grabbed a hold of it, it could have interfered with a number of other runners, he said. He believed that the manners of the horse should be taken into account. He further believed that a false start should have been called earlier. If Ms Ottley had grabbed hold of the horse, it was possible that a number of other runners would have been interfered with. He said that there was every chance that the horse would have got back into its gait as the gate went quicker. A false start was inevitable, he said. Ms Ottley had done her best.
Mr Ydgren said that the horse is prominent in the Stewards’ records regarding its manners at the start. It was stood down to trial following its most recent start, he said. He agreed with Mr Jones that the barrier manners of the horse were unsatisfactory but this charge involves Ms Ottley’s actions, he said.
reasonsfordecision:
The Committee is prepared to accept Ms Ottley’s assertion that she did not intend to cause a false start with a view to her runner having another attempt at the start. Had she done so, we would have viewed the breach as more serious. However, there is no evidence that Ms Ottley intended to cause a false start.
However, it is beyond dispute that she did, in fact, cause a false start by allowing LA ROSA to gallop for an excessive distance, right up to the start point. She told us that she had done so in the hope that the horse would regain its correct gait prior to the start point.
We say “excessive distance” because her very clear obligation, in the Committee’s view, was to restrain her runner and, if necessary, take it out of the way of following runners to avoid interference to them. She, quite clearly, had the opportunity to do this.
We noted the evidence of Ms Ottley and Mr Jones as to the manners of LA ROSA. The filly obviously can be difficult. However, the Committee is of the view, contrary to the submissions of Mr Jones, that the horse’s manners are relevant only to a point and it is Ms Ottley’s actions in allowing it to gallop while maintaining its position to the starting point that leads us to find the charge of improper driving to be proved.
Decision:
The charge is found proved.
sumissionsforpenalty:
Mr Ydgren began by saying that there are various shades of improper driving, some quite serious, but this breach is not one of the serious ones. Ms Ottley has been charged with improper driving, being the only Rule under which she could be charged. Rule 870(1) & (2) only have application during the running of a race, he submitted.
The Penalty Guide starting point is a 25-drives suspension which would be excessive for this breach. However, Stewards were submitting for a penalty of suspension, Mr Ydgren said.
Ms Ottley has had 558 drives to date in the current season and, last season, 644 drives. She is one of the busiest drivers in the country, Mr Ydgren said.
Ms Ottley said that a suspension at this time would be harsh, as she drives at every race meeting in the South Island and there are some major meetings coming up. She said that she preferred a fine.
reasonsforpenalty:
It is fair to say that the Penalty Guide is of little assistance in this instance. The Committee has decided that the breach can be dealt with by way of a fine. Mr Ydgren had said that, if the Committee were to decide that a fine is the appropriate penalty, he would leave the amount of that fine to the Committee.
We do note, however, that the Penalty Guide starting point for a breach of Rule 870(1) – failing to take a breaking horse clear of the field - is a fine of $400. This was the only assistance that we could get from the Penalty Guide, although a breach of that Rule is quite different.
On the basis that the circumstances of the breach by Ms Ottley are more serious than the average breach of Rule 870(1), which are rare in any event, and taking the starting point of a $400 fine, the Committee has decided that an uplift by 50% will adequately redress the breach.
penalty:
Ms Ottley is fined the sum of $600.
hearing_type: Hearing
Rules: 869(3)(f)
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Ms SJ Ottley - Licensed Open Driver
Otherperson: Mr P Jones - Licensed Open Trainer, Mr P Williams - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a7add40e9d8465d5cbd79c9766a8bfe4
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race_title: R3
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meetdate: 26/03/2021
meet_title: NZ Metro TC - 26 March 2021
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meet_chair: RMcKenzie
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name: NZ Metro TC