Archive Decision

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Oamaru HRC 8 January 2013 – R 1

ID: JCA16259

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr N McGrath - Open Horseman

Information Number:
1959

Hearing Type:
Hearing

Rules:
857(7)(g)

Plea:
denied

Meet Title:
Oamaru HRC - 8 January 2013

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2013/01/08

Race Number:
R1

Decision:

We find the charge proved.

Penalty:

Mr McGrath is fined the sum of $150.

Charge:

Failed to maintain his position behind the mobile.

Facts:

Mr Renault alleged that Mr McGrath (KENTUCKY GIRL) failed to maintain his position behind the mobile.

Rule 857(7)(g) states: No horseman shall fail to come up into and/or maintain his position

Submissions for Decision:

Mr Renault demonstrated on the videos that KENTUCKY GIRL, which had drawn 5 behind the mobile, had failed to maintain its position at the start. He stated the respondent had made no attempt to maintain his position and was level with the 2nd line horses when the mobile pulled away. He said there was no evidence of the respondent chasing his horse along in an endeavour to keep it up behind the mobile. He said the respondent “appears to do nothing”. He stated with respect to an alleged safety issue that the respondent raised, that nothing on the video suggested that the horse was in any difficulty.

Mr McGrath stated this was KENTUCKY GIRL’s first start and that the horse had a history of galloping at trials and workouts. He said he had a good draw and did want to be up behind the mobile. There was no advantage to be gained from drifting back. He was whistling and yelling at the horse but he was not prepared to shake the reins as he believed it was not in the interests of the horse or the drivers behind, as it would become a safety issue should the horse break. He demonstrated he was in position to start with and that he believed it would have been unprofessional for him to have used his whip.

Reasons for Decision:

We are satisfied that the respondent has initially come up to the mobile but he has failed to maintain his position and has dropped back. He has allowed the horse to drift and, while we accept the respondent’s statement that he was whistling and yelling at the horse, this was not sufficient. We cannot see any movement of his hands in an endeavour to prompt the horse to hold its position. There is no evidence of KENTUCKY GIRL pacing roughly on the videos, so we are unable to give any significant weight to the respondent’s claim that there were safety issues. In simple terms, we are satisfied the respondent has not made sufficient effort to maintain his position.

Submissions for Penalty:

Mr Renault produced the respondent’s record, which was clear under this rule the past 2 seasons. In that time Mr McGrath has had 200 drives. He submitted that a fine of $200 was appropriate.

Mr McGrath re-emphasised the safety issues and asked for $150.

Reasons for Penalty:

We note that KENTUCKY GIRL was having its first start and had a history of galloping. The respondent has simply allowed KENTUCKY GIRL to drift and has shown no vigour whatsoever in an endeavour to keep the horse up to the mobile.

From a starting point of $250 we give allow a discount for the respondent’s good record and take into account that the breach is low end of the scale and that Mr McGrath was doing what he believed to be the best by the horse.

Mr Dunn was fined the sum of $150 for a breach of this rule at Cromwell last Sunday. Having regard to the mitigating factors in Mr McGrath’s case, we believe a fine of this amount is again appropriate.

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: d07efd59fc111cc73764b1f5afc9c23e


informantnumber: 1959


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Oamaru HRC 8 January 2013 - R 1


charge:

Failed to maintain his position behind the mobile.


facts:

Mr Renault alleged that Mr McGrath (KENTUCKY GIRL) failed to maintain his position behind the mobile.

Rule 857(7)(g) states: No horseman shall fail to come up into and/or maintain his position


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault demonstrated on the videos that KENTUCKY GIRL, which had drawn 5 behind the mobile, had failed to maintain its position at the start. He stated the respondent had made no attempt to maintain his position and was level with the 2nd line horses when the mobile pulled away. He said there was no evidence of the respondent chasing his horse along in an endeavour to keep it up behind the mobile. He said the respondent “appears to do nothing”. He stated with respect to an alleged safety issue that the respondent raised, that nothing on the video suggested that the horse was in any difficulty.

Mr McGrath stated this was KENTUCKY GIRL’s first start and that the horse had a history of galloping at trials and workouts. He said he had a good draw and did want to be up behind the mobile. There was no advantage to be gained from drifting back. He was whistling and yelling at the horse but he was not prepared to shake the reins as he believed it was not in the interests of the horse or the drivers behind, as it would become a safety issue should the horse break. He demonstrated he was in position to start with and that he believed it would have been unprofessional for him to have used his whip.


reasonsfordecision:

We are satisfied that the respondent has initially come up to the mobile but he has failed to maintain his position and has dropped back. He has allowed the horse to drift and, while we accept the respondent’s statement that he was whistling and yelling at the horse, this was not sufficient. We cannot see any movement of his hands in an endeavour to prompt the horse to hold its position. There is no evidence of KENTUCKY GIRL pacing roughly on the videos, so we are unable to give any significant weight to the respondent’s claim that there were safety issues. In simple terms, we are satisfied the respondent has not made sufficient effort to maintain his position.


Decision:

We find the charge proved.


sumissionsforpenalty:

Mr Renault produced the respondent’s record, which was clear under this rule the past 2 seasons. In that time Mr McGrath has had 200 drives. He submitted that a fine of $200 was appropriate.

Mr McGrath re-emphasised the safety issues and asked for $150.


reasonsforpenalty:

We note that KENTUCKY GIRL was having its first start and had a history of galloping. The respondent has simply allowed KENTUCKY GIRL to drift and has shown no vigour whatsoever in an endeavour to keep the horse up to the mobile.

From a starting point of $250 we give allow a discount for the respondent’s good record and take into account that the breach is low end of the scale and that Mr McGrath was doing what he believed to be the best by the horse.

Mr Dunn was fined the sum of $150 for a breach of this rule at Cromwell last Sunday. Having regard to the mitigating factors in Mr McGrath’s case, we believe a fine of this amount is again appropriate.


penalty:

Mr McGrath is fined the sum of $150.


hearing_type: Hearing


Rules: 857(7)(g)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr N McGrath - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 36b852a391b56ef49139c55dfd87514b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1d29287211618f553485e596cdf0e6d7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/01/2013


meet_title: Oamaru HRC - 8 January 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Oamaru HRC