Rangiora HRC – 1 July 2007 – Race 9
ID: JCA20389
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 1 July 2007
Race Date:
2007/07/01
Race Number:
Race 9
Decision: --
Following the running of Race 9, The Trusts Charitable Foundation (Inc.) Handicap Trot, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr G. W. Hunt alleging a breach of Rule 869(4) and Clauses 4 and 8 of the Passing Lanes, False Rails, and Home Straight Regulations. It was alleged that Mr Hunt allowed his horse to move into the passing lane when entering the home straight for the final time.
--
DECISION AND REASONS :
--This information was heard at the NZMTC meeting on 6 July 2007.
--Following the running of Race 9, The Trusts Charitable Foundation (Inc.) Handicap Trot, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr G. W. Hunt alleging a breach of Rule 869(4) and Clauses 4 and 8 of the Passing Lanes, False Rails, and Home Straight Regulations. It was alleged that Mr Hunt allowed his horse to move into the passing lane when entering the home straight for the final time.
--The charge reads as follows :
--"I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and the Passing Lane Regulations in that Mr Hunt allowed his horse to move into the passing lane in the run home."
--Rule 869(4) reads as follows.
--"No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress."
--This charge was based on a breach of the Passing Lanes, False Rails and Home Straight Regulations. The relevant clauses of this regulation are as follows ?
--"4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane."
--"8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply."
--Mr Hunt agreed that he understood the nature of the charge and the Rule. The hearing was conducted on the basis that Mr Hunt did not admit the charge.
--Mr Ydgren gave evidence and used video coverage to show that DEL?S HOOF N IT had led into the straight and moved into the passing lane shortly after. The horse remained in the passing lane with Mr Hunt making no apparent effort to correct the situation. As a result the trailing horse, SO AND SO, was denied the use of the passing lane.
--Mr Hunt gave evidence that DEL?S HOOF N IT has the habit of "hanging" in it's races. On this occasion it had moved into the passing lane of it's own accord and rather than try and move out of the passing lane he had decided to drive it out in the hope that he would win by a large enough margin to prevent a protest by the placed horses. Mr Hunt also said that he was also concerned that if he did move out of the passing lane he might cause interference to HAIRY MACLARY DRYDEN.
--We adjourned to consider our decision. We were satisfied that the Regulations governing passing lanes places an absolute obligation on a driver to keep out of the passing lane when entering the straight in front. At the very least a driver must make a positive effort to comply with the Regulations. Mr Hunt's reasons for not complying with the Regulations are not valid. In particular we reject Mr Hunt's excuse that his horse has a "hanging" problem and that this relieves him of his responsibilities.
--On returning to the Enquiry Room we advised that a full written decision would be given later, and we gave the following oral decision.
--"Having heard the evidence and having seen the video coverage of this incident we are satisfied that DEL?S HOOF N IT was leading when it entered the straight for the final time. It could be seen that DEL'S HOOF N IT moved into the passing lane shortly after entering the straight and remained there for the rest of the race.
--It could also be seen that Mr Hunt continued to drive his horse out to the finish. It was also obvious that Mr Hunt made no serious effort to steer his horse out of the passing lane.
--Mr Hunt gave evidence that DEL?S NOOF N IT has a "hanging" problem and that on this occasion he felt it was better to drive his horse out rather than attempt to correct the situation.
--We are satisfied that under the Regulations Mr Hunt had a responsibility to keep his horse out of the passing lane, and at the very least to make a positive effort to do so. He did not and we find the charge proved."
--PENALTY : In relation to penalty Mr Ydgren advised that Mr Hunt had no relevant previous convictions, and that he had had 20 drives so far this season. A suspension up to and including 6 August 2007 (6 days) was recommended.
--In his submissions Mr Hunt said that he would prefer a suspension to a fine, but he thought that the length of suspension sought was harsh.
--We adjourned to consider the matter of penalty. We were satisfied that a suspension was appropriate in this case, but that the length of the suspension sought was excessive. On returning to the Enquiry Room we advised that Mr Hunt's Open Horseman's licence was suspended from after the completion of racing on 6 July 2007 until after the completion of racing on 27 July 2007, this being a 4 day suspension.
--J. M. Phelan
--Chairman
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
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: 7bee39f5537b84234dc4e8bf1d640f25
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 01/07/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC - 1 July 2007 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 9, The Trusts Charitable Foundation (Inc.) Handicap Trot, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr G. W. Hunt alleging a breach of Rule 869(4) and Clauses 4 and 8 of the Passing Lanes, False Rails, and Home Straight Regulations. It was alleged that Mr Hunt allowed his horse to move into the passing lane when entering the home straight for the final time.
--
DECISION AND REASONS :
--This information was heard at the NZMTC meeting on 6 July 2007.
--Following the running of Race 9, The Trusts Charitable Foundation (Inc.) Handicap Trot, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr G. W. Hunt alleging a breach of Rule 869(4) and Clauses 4 and 8 of the Passing Lanes, False Rails, and Home Straight Regulations. It was alleged that Mr Hunt allowed his horse to move into the passing lane when entering the home straight for the final time.
--The charge reads as follows :
--"I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and the Passing Lane Regulations in that Mr Hunt allowed his horse to move into the passing lane in the run home."
--Rule 869(4) reads as follows.
--"No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress."
--This charge was based on a breach of the Passing Lanes, False Rails and Home Straight Regulations. The relevant clauses of this regulation are as follows ?
--"4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane."
--"8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply."--Mr Hunt agreed that he understood the nature of the charge and the Rule. The hearing was conducted on the basis that Mr Hunt did not admit the charge.
--Mr Ydgren gave evidence and used video coverage to show that DEL?S HOOF N IT had led into the straight and moved into the passing lane shortly after. The horse remained in the passing lane with Mr Hunt making no apparent effort to correct the situation. As a result the trailing horse, SO AND SO, was denied the use of the passing lane.
--Mr Hunt gave evidence that DEL?S HOOF N IT has the habit of "hanging" in it's races. On this occasion it had moved into the passing lane of it's own accord and rather than try and move out of the passing lane he had decided to drive it out in the hope that he would win by a large enough margin to prevent a protest by the placed horses. Mr Hunt also said that he was also concerned that if he did move out of the passing lane he might cause interference to HAIRY MACLARY DRYDEN.
--We adjourned to consider our decision. We were satisfied that the Regulations governing passing lanes places an absolute obligation on a driver to keep out of the passing lane when entering the straight in front. At the very least a driver must make a positive effort to comply with the Regulations. Mr Hunt's reasons for not complying with the Regulations are not valid. In particular we reject Mr Hunt's excuse that his horse has a "hanging" problem and that this relieves him of his responsibilities.
--On returning to the Enquiry Room we advised that a full written decision would be given later, and we gave the following oral decision.
--"Having heard the evidence and having seen the video coverage of this incident we are satisfied that DEL?S HOOF N IT was leading when it entered the straight for the final time. It could be seen that DEL'S HOOF N IT moved into the passing lane shortly after entering the straight and remained there for the rest of the race.
--It could also be seen that Mr Hunt continued to drive his horse out to the finish. It was also obvious that Mr Hunt made no serious effort to steer his horse out of the passing lane.
--Mr Hunt gave evidence that DEL?S NOOF N IT has a "hanging" problem and that on this occasion he felt it was better to drive his horse out rather than attempt to correct the situation.
--We are satisfied that under the Regulations Mr Hunt had a responsibility to keep his horse out of the passing lane, and at the very least to make a positive effort to do so. He did not and we find the charge proved."
--PENALTY
: In relation to penalty Mr Ydgren advised that Mr Hunt had no relevant previous convictions, and that he had had 20 drives so far this season. A suspension up to and including 6 August 2007 (6 days) was recommended.--In his submissions Mr Hunt said that he would prefer a suspension to a fine, but he thought that the length of suspension sought was harsh.
--We adjourned to consider the matter of penalty. We were satisfied that a suspension was appropriate in this case, but that the length of the suspension sought was excessive. On returning to the Enquiry Room we advised that Mr Hunt's Open Horseman's licence was suspended from after the completion of racing on 6 July 2007 until after the completion of racing on 27 July 2007, this being a 4 day suspension.
--J. M. Phelan
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 088cbcf1ce455c1c33b89cf8ae39c403
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
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meetdate: 01/07/2007
meet_title: Rangiora HRC - 1 July 2007
meet_expappcomment:
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tracklocation: rangiora-hrc
meet_racingtype: harness-racing
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