Oamaru HRC 22 May 2011 – R7
ID: JCA17962
Meet Title:
Oamaru HRC - 22 May 2011
Meet Chair:
GHall
Meet Committee Member 1:
JEagles
Race Date:
2011/05/22
Race Number:
R7
Decision:
We find the charge of careless driving proved.
Penalty:
Mr Orange is fined the sum of $200.
Charge:
Ms Williams alleged that Mr Orange drove carelessly when crossing SAMARIAS BROMAC racing into the first bend when insufficiently clear resulting in a check to that horse.
Facts:
Ms Williams demonstrated the incident on 2 video angles. This showed that the cart of Mr Orange's horse, SECRET POTION, came into contact with the legs of SAMARIAS BROMAC as Mr Orange traversed the first bend. SAMARIAS BROMAC broke for a stride but lost only a little ground. She said the defendant was not clear of SAMARIAS BROMAC when trying to cross at speed.
Mr T Williams, the driver of SAMARIAS BROMAC, stated that SECRET POTION had crossed him towards the point of the bend and had touched his legs slightly. He said the defendant was "all but clear". In response to questioning, he said SAMARIAS BROMAC did not go forward and hit SECRET POTION after that horse had crossed. He indicated he had not called out nor had there been pressure from his inside.
Mr Orange said they were racing flat out into the bend. He said he was 3/4 past when SECRET POTION momentarily shifted in. He said the natural reaction of a horse was to shift in when traversing a bend at speed. He said he was trying to give Mr Williams room and demonstrated how he had shifted his body position twice in the cart to try and keep SECRET POTION off SAMARIAS BROMAC. He said he was aware SECRET POTION had a tendency to hang and that it was often worked with a pole. He said had he had given SAMARIAS BROMAC enough room till the point of the bend and that he was doing his best to keep out. Had he overcorrected SECRET POTION, he said, he may have pulled the horse off its feet.
Submissions for Decision:
As above.
Reasons for Decision:
Mr Orange, when driving a horse that he knew had a tendency to hang, was most unwise to drive that horse at full speed in to the first bend and to endeavour to cross Mr Williams at the same time. His carelessness lay in failing to give Mr Williams sufficient room and as a consequence the defendant’s cart touched the legs of SAMARIAS BROMAC and that horse left stride briefly.
We accept all horses have a tendency to hang when traversing a bend a full speed but believe that Mr Orange should have allowed sufficient room for the manoeuvre, especially as he knew that SECRET POTION had a tendency to hang. We further accept that the videos demonstrate some attempt by the defendant to keep SECRET POTION off Mr Williams’ horse by shifting his position in the cart and leaning out, but this was ineffective. The defendant was simply too close to SAMARIAS BROMAC by this time.
Submissions for Penalty:
Ms Williams produced the defendant's record which was clear under this rule. She agreed with this committee's observation that the breach was at the low end. She said Mr Orange should not be penalised for defending the charge and submitted fine of $200 was appropriate.
Mr Orange agreed with Ms Williams' submission.
Reasons for Penalty:
The breach is low end. Mr Orange's late and futile attempts to keep his horse off SAMARIAS BROMAC reduce his culpability. Nonetheless there was potential for serious consequences as the contact occurred when the two horse were racing at speed near the head of the field into the first bend. We take account of Mr Orange's excellent record in respect of this rule. We accept he believed he had a genuine defence to the charge and we do not deprive him of the discount he would otherwise have obtained had he admitted the breach.
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: dd2f8b1acae513a9c2c71dced0edfa4c
informantnumber: 69069
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 14/04/2011
hearing_title: Oamaru HRC 22 May 2011 - R7
charge:
Ms Williams alleged that Mr Orange drove carelessly when crossing SAMARIAS BROMAC racing into the first bend when insufficiently clear resulting in a check to that horse.
facts:
Ms Williams demonstrated the incident on 2 video angles. This showed that the cart of Mr Orange's horse, SECRET POTION, came into contact with the legs of SAMARIAS BROMAC as Mr Orange traversed the first bend. SAMARIAS BROMAC broke for a stride but lost only a little ground. She said the defendant was not clear of SAMARIAS BROMAC when trying to cross at speed.
Mr T Williams, the driver of SAMARIAS BROMAC, stated that SECRET POTION had crossed him towards the point of the bend and had touched his legs slightly. He said the defendant was "all but clear". In response to questioning, he said SAMARIAS BROMAC did not go forward and hit SECRET POTION after that horse had crossed. He indicated he had not called out nor had there been pressure from his inside.
Mr Orange said they were racing flat out into the bend. He said he was 3/4 past when SECRET POTION momentarily shifted in. He said the natural reaction of a horse was to shift in when traversing a bend at speed. He said he was trying to give Mr Williams room and demonstrated how he had shifted his body position twice in the cart to try and keep SECRET POTION off SAMARIAS BROMAC. He said he was aware SECRET POTION had a tendency to hang and that it was often worked with a pole. He said had he had given SAMARIAS BROMAC enough room till the point of the bend and that he was doing his best to keep out. Had he overcorrected SECRET POTION, he said, he may have pulled the horse off its feet.
appealdecision:
isappeal:
submissionsfordecision:
As above.
reasonsfordecision:
Mr Orange, when driving a horse that he knew had a tendency to hang, was most unwise to drive that horse at full speed in to the first bend and to endeavour to cross Mr Williams at the same time. His carelessness lay in failing to give Mr Williams sufficient room and as a consequence the defendant’s cart touched the legs of SAMARIAS BROMAC and that horse left stride briefly.
We accept all horses have a tendency to hang when traversing a bend a full speed but believe that Mr Orange should have allowed sufficient room for the manoeuvre, especially as he knew that SECRET POTION had a tendency to hang. We further accept that the videos demonstrate some attempt by the defendant to keep SECRET POTION off Mr Williams’ horse by shifting his position in the cart and leaning out, but this was ineffective. The defendant was simply too close to SAMARIAS BROMAC by this time.
Decision:
We find the charge of careless driving proved.
sumissionsforpenalty:
Ms Williams produced the defendant's record which was clear under this rule. She agreed with this committee's observation that the breach was at the low end. She said Mr Orange should not be penalised for defending the charge and submitted fine of $200 was appropriate.
Mr Orange agreed with Ms Williams' submission.
reasonsforpenalty:
The breach is low end. Mr Orange's late and futile attempts to keep his horse off SAMARIAS BROMAC reduce his culpability. Nonetheless there was potential for serious consequences as the contact occurred when the two horse were racing at speed near the head of the field into the first bend. We take account of Mr Orange's excellent record in respect of this rule. We accept he believed he had a genuine defence to the charge and we do not deprive him of the discount he would otherwise have obtained had he admitted the breach.
penalty:
Mr Orange is fined the sum of $200.
hearing_type: Hearing
Rules: 869(3(b)
Informant: Ms K Williams - Stipendiary Steward
JockeysandTrainer: Mr B Orange - Licensed Driver
Otherperson: Mr T Williams - Licensed Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: a634f598a4223a5e2ce69903a4c609a8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: afb4e41aeeca542274b4ace36ca69016
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/05/2011
meet_title: Oamaru HRC - 22 May 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: JEagles
meet_pm2: none
name: Oamaru HRC