NZ Metropolitan TC 4 February 2021 – R 5 – Chair, Mr R McKenzie
ID: JCA14633
Meet Title:
NZ Metro TC - 4 February 2021
Meet Chair:
RMcKenzie
Race Date:
2021/02/04
Race Number:
R5
Decision:
The charge was found proved.
Penalty:
Mr Morrison’s Junior Driver’s licence is suspended from after the close of racing on 7 February 2021 up to and including 10 February 2021 - 2 days. The two meetings intended to be encompassed by the period of suspension are Amberley TC on 8 February and Oamaru HRC on 10 February 2021.
Facts:
Following the running of Race 5, Spectators New $15 Daily Deals Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Mr JC Morrison, alleging that as the driver of MISS IMPRESSION in the race, he “shifted inwards on the final bend and raced inside track markers”.
Mr Morrison had indicated on the Statement by the Respondent on the Information form that he did not admit the breach and he confirmed this at the hearing at which he was present. He was assisted at the hearing by Licensed Open Driver, Mr CD Thornley.
Rule 869 provides as follows:
(7A) Every driver who moves inwards shall ensure:
(b) that any part of the sulky does not protrude inside the marker line. It shall be a defence to a breach of this sub-rule if the driver establishes that the breach was attributable to the behaviour of his own horse or any other horse or driver in the race.
Submissions for Decision:
Mr Renault pointed out Mr Morrison driving MISS IMPRESSION, racing three places back on the markers following MAJORCA, driven by Mr CD Thornley. On the home turn, Mr Morrison shifted his horse inwards and, in doing so, raced inside track markers. Mr Renault said that he anticipated that Mr Morrison would say that his horse was giving him difficulties but that was not apparent from the video, although the horse was overracing. He had simply tried to shift to the inside of a horse that was tiring, looking to get a run before it was there, Mr Renault said.
Mr Thornley said that he could hear MISS IMPRESSION, on his back, making noises like it was overracing. Breathing was an issue for the horse even though this may not have been apparent from the video replay. The horse was making noises that suggested that it might choke. Mr Morrison had gone in, not to gain any advantage, but more for safety reasons, Mr Thornley submitted. Mr Thornley said that he had moved out to try to give Mr Morrison room.
Mr Morrison said that the more he took hold of his horse, the more likely it was to “get fierce” and choke. He had been concerned that the horse behind him, also travelling keenly, would not have time to react. Mr Thornley’s runner was stopping quickly and his concern had been to clear his wheel. He added that he had not driven the horse out at that stage, but rather was just sitting and waiting until she got into the passing lane. He was not in as good a position to hear the horse’s breathing as was Mr Thornley, he said.
Mr Renault stated that he did not accept that Mr Morrison’s shifting in had been dictated by safety reasons. He had shifted in because Mr Thornley’s horse was stopping, he submitted. There was nothing, from the video evidence, to suggest that Mr Morrison was in trouble.
Reasons for Decision:
The Committee listened to the evidence of both parties and again viewed the video replays shown in the earlier protest hearing.
The explanation presented by Mr Thornley on Mr Morrison’s behalf was plausible, though not convincing. The Committee was concerned that Mr Thornley, who at the commencement of the hearing announced that he was assisting Mr Morrison, became the “star witness” for Mr Morrison. This is an undesirable situation and one which should be avoided. Mr Thornley cannot both assist and speak for Mr Morrison and, at the same time, give evidence. He has a conflict of interest. Unfortunately, neither the Stewards nor the Committee were aware that Mr Thornley would be giving evidence but, by the time this situation was revealed, the hearing had progressed too far.
In any event, and having said that, the Committee preferred the Stewards’ evidence – that is to say, that MISS IMPRESSION was racing keenly with Mr Morrison looking for racing room with MAJORCA, that it was following, beginning to weaken. Mr Thornley was clear that Mr Morrison had been forced to take the run on the inside and over track markers for safety reasons, yet Mr Morrison did not advance this as an explanation at the earlier protest hearing. The Committee considers that Mr Morrison would have known had his horse been about to choke down but this was not mentioned until Mr Thornley gave his evidence. The Committee has already said what it thinks of that. The Committee agrees with Mr Renault that, other than for Mr Thornley’s evidence, there was no evidence to suggest that Mr Morrison was in any difficulty.
What the Committee saw was a horse, full of running, behind a horse that was stopping quite quickly and a driver eager to obtain a run, but taking a run before it became available which, unfortunately for him, resulted in his sulky “protruding” inside the marker line, in breach of Rule 869(7A). The Committee finds accordingly.
Submissions for Penalty:
Mr Renault said that Mr Morrison has had 401 drives this season and is currently, the country’s leading junior driver. Last season, he had 590 drives. His record under the Rule is clear
Mr Renault submitted that the appropriate starting point for penalty should be similar to that for careless driving causing a relegation, a 3-day suspension, because of the consequences to punters and connections of the horse as a result of the horse being disqualified. He submitted that a 3-day suspension was an appropriate penalty. The starting point for a breach of rule 869(7A) is a 4-drive suspension or a fine of $200, Mr Renault said.
Upcoming Harness meetings were then looked to determine whether Mr Morrison required a deferment of suspension. Mr Morrison had notified drives at Addington on 5 February and Winton on 7 February. Mr Morrison told the hearing that he had no firm engagements for the Amberley TC meeting on 8 February, for which Drivers had not been notified. It was agreed that Mr Morrison would average 4-5 drives per meeting. He has 5 drives at tonight’s meeting.
He elected not to seek a deferment.
Reasons for Penalty:
The Penalty Guide starting point for protruding inside the marker line is a 4-drive suspension or a fine of $200. Mr Renault, quite rightly, pointed out that a significant aggravating factor in this case is Mr Morrison’s drive, MISS IMPRESSSION, was disqualified from 2nd placing in the race, obviously, with consequential effects on punters and connections.
Mr Renault submitted that, in deciding penalty, the Committee should consider the breach similar to careless driving causing a relegation for which the Penalty Guide starting point is a 3-day suspension. The starting point, as earlier stated, is a 4-drive suspension. Driving inside the marker line is not, in itself, as serious a breach as careless driving and the Committee has to, and does, recognise that.
The Committee takes the starting point of a 4-drive suspension and doubles it for the aggravating factor of the disqualification – that is to say, an 8-drive suspension. The Committee is satisfied that, in Mr Morrison’s case, that is equivalent to 2 days. That is the period of suspension that the Committee imposes.
That penalty takes into account that Mr Morrison has a clear record and his junior driver status.
JCA Decision Fields (raw)
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hearingid: 9de617d39c332a4567e30cbe17d9cf69
informantnumber: A13646
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving Inside Marker Line
plea: denied
penaltyrequired: 1
decisiondate: 08/02/2021
hearing_title: NZ Metropolitan TC 4 February 2021 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Spectators New $15 Daily Deals Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Mr JC Morrison, alleging that as the driver of MISS IMPRESSION in the race, he “shifted inwards on the final bend and raced inside track markers”.
Mr Morrison had indicated on the Statement by the Respondent on the Information form that he did not admit the breach and he confirmed this at the hearing at which he was present. He was assisted at the hearing by Licensed Open Driver, Mr CD Thornley.
Rule 869 provides as follows:
(7A) Every driver who moves inwards shall ensure:
(b) that any part of the sulky does not protrude inside the marker line. It shall be a defence to a breach of this sub-rule if the driver establishes that the breach was attributable to the behaviour of his own horse or any other horse or driver in the race.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault pointed out Mr Morrison driving MISS IMPRESSION, racing three places back on the markers following MAJORCA, driven by Mr CD Thornley. On the home turn, Mr Morrison shifted his horse inwards and, in doing so, raced inside track markers. Mr Renault said that he anticipated that Mr Morrison would say that his horse was giving him difficulties but that was not apparent from the video, although the horse was overracing. He had simply tried to shift to the inside of a horse that was tiring, looking to get a run before it was there, Mr Renault said.
Mr Thornley said that he could hear MISS IMPRESSION, on his back, making noises like it was overracing. Breathing was an issue for the horse even though this may not have been apparent from the video replay. The horse was making noises that suggested that it might choke. Mr Morrison had gone in, not to gain any advantage, but more for safety reasons, Mr Thornley submitted. Mr Thornley said that he had moved out to try to give Mr Morrison room.
Mr Morrison said that the more he took hold of his horse, the more likely it was to “get fierce” and choke. He had been concerned that the horse behind him, also travelling keenly, would not have time to react. Mr Thornley’s runner was stopping quickly and his concern had been to clear his wheel. He added that he had not driven the horse out at that stage, but rather was just sitting and waiting until she got into the passing lane. He was not in as good a position to hear the horse’s breathing as was Mr Thornley, he said.
Mr Renault stated that he did not accept that Mr Morrison’s shifting in had been dictated by safety reasons. He had shifted in because Mr Thornley’s horse was stopping, he submitted. There was nothing, from the video evidence, to suggest that Mr Morrison was in trouble.
reasonsfordecision:
The Committee listened to the evidence of both parties and again viewed the video replays shown in the earlier protest hearing.
The explanation presented by Mr Thornley on Mr Morrison’s behalf was plausible, though not convincing. The Committee was concerned that Mr Thornley, who at the commencement of the hearing announced that he was assisting Mr Morrison, became the “star witness” for Mr Morrison. This is an undesirable situation and one which should be avoided. Mr Thornley cannot both assist and speak for Mr Morrison and, at the same time, give evidence. He has a conflict of interest. Unfortunately, neither the Stewards nor the Committee were aware that Mr Thornley would be giving evidence but, by the time this situation was revealed, the hearing had progressed too far.
In any event, and having said that, the Committee preferred the Stewards’ evidence – that is to say, that MISS IMPRESSION was racing keenly with Mr Morrison looking for racing room with MAJORCA, that it was following, beginning to weaken. Mr Thornley was clear that Mr Morrison had been forced to take the run on the inside and over track markers for safety reasons, yet Mr Morrison did not advance this as an explanation at the earlier protest hearing. The Committee considers that Mr Morrison would have known had his horse been about to choke down but this was not mentioned until Mr Thornley gave his evidence. The Committee has already said what it thinks of that. The Committee agrees with Mr Renault that, other than for Mr Thornley’s evidence, there was no evidence to suggest that Mr Morrison was in any difficulty.
What the Committee saw was a horse, full of running, behind a horse that was stopping quite quickly and a driver eager to obtain a run, but taking a run before it became available which, unfortunately for him, resulted in his sulky “protruding” inside the marker line, in breach of Rule 869(7A). The Committee finds accordingly.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault said that Mr Morrison has had 401 drives this season and is currently, the country’s leading junior driver. Last season, he had 590 drives. His record under the Rule is clear
Mr Renault submitted that the appropriate starting point for penalty should be similar to that for careless driving causing a relegation, a 3-day suspension, because of the consequences to punters and connections of the horse as a result of the horse being disqualified. He submitted that a 3-day suspension was an appropriate penalty. The starting point for a breach of rule 869(7A) is a 4-drive suspension or a fine of $200, Mr Renault said.
Upcoming Harness meetings were then looked to determine whether Mr Morrison required a deferment of suspension. Mr Morrison had notified drives at Addington on 5 February and Winton on 7 February. Mr Morrison told the hearing that he had no firm engagements for the Amberley TC meeting on 8 February, for which Drivers had not been notified. It was agreed that Mr Morrison would average 4-5 drives per meeting. He has 5 drives at tonight’s meeting.
He elected not to seek a deferment.
reasonsforpenalty:
The Penalty Guide starting point for protruding inside the marker line is a 4-drive suspension or a fine of $200. Mr Renault, quite rightly, pointed out that a significant aggravating factor in this case is Mr Morrison’s drive, MISS IMPRESSSION, was disqualified from 2nd placing in the race, obviously, with consequential effects on punters and connections.
Mr Renault submitted that, in deciding penalty, the Committee should consider the breach similar to careless driving causing a relegation for which the Penalty Guide starting point is a 3-day suspension. The starting point, as earlier stated, is a 4-drive suspension. Driving inside the marker line is not, in itself, as serious a breach as careless driving and the Committee has to, and does, recognise that.
The Committee takes the starting point of a 4-drive suspension and doubles it for the aggravating factor of the disqualification – that is to say, an 8-drive suspension. The Committee is satisfied that, in Mr Morrison’s case, that is equivalent to 2 days. That is the period of suspension that the Committee imposes.
That penalty takes into account that Mr Morrison has a clear record and his junior driver status.
penalty:
Mr Morrison’s Junior Driver’s licence is suspended from after the close of racing on 7 February 2021 up to and including 10 February 2021 - 2 days. The two meetings intended to be encompassed by the period of suspension are Amberley TC on 8 February and Oamaru HRC on 10 February 2021.
hearing_type: Hearing
Rules: 869(7A)(b)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr JC Morrison - Licensed Junior Driver
Otherperson: Mr CD Thornley - Licensed Open Horseman assisting Mr Morrison
PersonPresent:
Respondent:
StipendSteward:
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race_title: R5
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meetdate: 04/02/2021
meet_title: NZ Metro TC - 4 February 2021
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meet_chair: RMcKenzie
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name: NZ Metro TC