Oamaru HRC 21 January 2016 – R 6 (heard at Christchurch on 31 January 2016) – Chair, Mr S Ching

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hearing_title: Oamaru HRC 21 January 2016 - R 6 (heard at Christchurch on 31 January 2016) - Chair, Mr S Ching

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BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the

New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A1494

BETWEEN MR S RENAULT,

Stipendiary Steward for the Racing Integrity Unit

Informant

AND MISS J YOUNG, Licensed Junior Horsewoman

Respondent

Date of Hearing: 31 January 2016

Venue: Orari Raceway, Christchurch

Judicial Committee: Mr S Ching, Chair – Mr G Clapp, Committee Member

Present: Mr S Renault, Stipendiary Steward

Mr N McIntyre, Co-Chief Stipendiary Steward

Miss J Young, the Respondent

Mr B Orange, Open Horseman assisting Miss Young

Date of Decision: 31 January 2016

DECISION OF JUDICIAL COMMITTEE

The Charge

[1] Information No. A1494 alleges that:

On the 21st day of January 2016, Miss Young, being the driver of EM AY in Race 6, the Trillion Trust Pace, at the Oamaru Harness Racing Club meeting, drove carelessly by crossing inwards when insufficiently clear of BUCKEYE, driven by Mr J Geddes, resulting in BUCKEYE contacting the sulky wheel of EM AY and breaking.

The Rules

[2] Rule 869 (3)(b) provides as follows:

(3) No horseman in any race shall drive:-

(a) incompetently;

(b) carelessly;

The Plea

[3] Miss Young had signed the Statement by the Respondent at the foot of the information form indicating that she denied the breach of the Rule. Miss Young also confirmed that she understood the Rule she was being charged under. Shortly after commencing the hearing Miss Young requested a short adjournment so she could view the relevant films and discuss the incident with Mr Orange, who was assisting her. On reconvening the hearing, Miss Young sought leave from the Committee, which was granted, to change her plea to admitted.

[4] The Committee therefore found the charge proved.

Summary of Facts

[5] Mr Renault gave evidence and produced video replays to show Miss Young driving EM AY, who had drawn 2 off the front line, racing into the bend out of the straight with BUCKEYE, driven by Mr J Geddes, on her inner. Just prior to the bend out of the straight BUCKEYE started to pace roughly but did not break and comes back down pacing. Shortly after BUCKEYE regains the pace, BUCKEYE received pressure from the outside horse, being EM AY who was shifting in at this point with the right fore leg of BUCKEYE striking the inside sulky wheel of EM AY. After making contact with the wheel of EM AY, BUCKEYE broke and went back through the field. EM AY went on to assume the lead in the race. Mr Renault said that it was clear Miss Young did not give BUCKEYE enough room when improving forward and shifting in to assume the lead.

[6] Miss Young stated that at the time of the incident she did not feel the contact with Mr Geddes horse but after viewing the films conceded that contact had been made. Miss Young said both she and Mr Geddes were going for the lead prior to the incident and she observed his horse with its head pointing inwards. This, she said, indicated to her that it was possibly running outwards which was just prior to contact being made, which she believed may have contributed to the incident.

[7] Mr Orange submitted that Mr Geddes horse was very rough gaited and a prudent driver could assume that as it was going rough it would be easing back and out of the way by the time it was crossed. He said in these situations drivers are dealing with mere inches between striking a wheel or being clear. Miss Young and Mr Orange both submitted that Mr Geddes horse did not help this situation and had contributed to the incident.

Submissions of Informant on Penalty

[8] Mr Renault stated that Miss Young had driven on 110 occasions so far this season with 112 drives last season. He stated Miss Young’s penalty record showed two breaches of this Rule over the previous 3 months being a fine of $300 at Geraldine on 28 November 2015 and a fine of $300 at Dunedin on 16 December 2015. Mr Renault stated that the JCA Penalty Guide recommends a starting point of a 3-day suspension with a 2nd breach within 4 months. As this is Miss Young’s 3rd breach in 7-8 weeks her record could be described as poor. He also said that Miss Young was a Junior Driver and that the breach was mid-range in carelessness. Mr Renault stated that if a 2nd breach within 4 months was a 3-day suspension, the Stewards submitted that a 5-day suspension be considered as penalty for a 3rd breach within a 4-month period.

Submissions of Respondent on Penalty

[9] Miss Young stated that her last breach of the rule at Dunedin was on a very difficult horse and the incident there was when her horse had just brushed the sulky tyre of another horse which subsequently went flat. She stated that this was a low level breach.

Mr Orange said the only way Junior Drivers learn is by their mistakes and to sideline Miss Young for 5 days would be excessive. Miss Young asked if a combined suspension and fine could be considered as penalty in this case.

Mr Renault, in response, that with this being Miss Young’s 3rd breach in 8 weeks the Stewards would oppose any combination fine and suspension as penalty.

Deferment of penalty was discussed with Miss Young opting to take any suspension immediately.

Reasons for Penalty

[10] In determining penalty the Committee took into consideration all mitigating and aggravating factors. The aggravating factor in this case is Miss Young’s penalty record of now 3 breaches of this Rule within 3 months, which the Committee considers to be poor. In mitigation, Miss Young’s admission of the breach is a factor to her credit. Due to Miss Young’s poor record, the Committee has determined that a period of suspension is an appropriate penalty in this case. In taking the JCA Penalty Guide starting point of a 3-day suspension, the aggravating factor in this case commands an uplift of 2 days to a 5-day suspension. However, we are able to give Miss Young a discount of 1 day for her admission of the breach.

[11] The Committee therefore determined that a 4-day suspension was an appropriate penalty.

Penalty

[12] Miss Young’s Junior Drivers Licence was suspended from the conclusion of racing on 31 January up to and including 8 February 2016. This suspension encompasses the meetings at Winton on 5 February, Ashburton on 6 February, Waikouaiti on 7 February and Amberley on 8 February 2016.

S Ching               G Clapp

Chair                   Committee Member

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