Rangiora HRC 11 October 2011 – R 4
ID: JCA15044
Meet Title:
Rangiora HRC - 11 October 2011
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/11
Race Number:
R 4
Decision:
The charge was found to be proved.
Penalty:
Mr Andersons Horsemans Licence was suspended from, after the conclusion of racing on 11 October 2011 up to, and including, 11 December 2011, a period of 2 months. In addition we imposed a fine of $300.
Charge:
Failing to take all reasonable and permissible measures at all times during the race.
Facts:
Following the running of Race 4, the Caspers Café Bar Woodend Mobile Pace, an Information was filed by Stipendiary Steward, Mr NM Ydgren, against Licensed Open Horseman, Mr GR Anderson, alleging a breach of Rule 868(2) in that Mr Anderson failed to show sufficient vigour on his drive BIONIC CULLEN in the run to the finish, when at all times it was reasonable and permissible to do so.
The charge reads as follows;
“I the above named informant allege that the above named respondent committed a breach of Rule 868(2) in that Mr Anderson failed to show sufficient vigour on his drive BIONIC CULLEN in the run to the finish when at all times it was reasonable and permissible to do so.”
Rule 868(2) provides as follows:
(2)Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Submissions for Decision:
Mr Anderson was present at the hearing of the information and he indicated that he denied the breach and understood the Rule he was being charged with.
Mr Anderson was offered the opportunity to have the hearing of the charge adjourned but elected not to do so.
Mr Ydgren gave evidence and used the video coverage, with the assistance of Stipendiary Steward Mr AL Ray, to show that BIONIC CULLEN had led from the outset of the race and was still in that position approaching the final bend near the 250m. From that point until the 50m Mr Anderson made no discernable action to urge his horse on, apart from pulling the earplugs at the 125m. At the 50m mark Mr Anderson implemented his whip, with taps on two to three occasions, prior to the finish line. BIONIC CULLEN finished in third place with the official margins being a neck and a half a head. An initial investigation by the Stewards with Mr Anderson revealed that BIONIC CULLEN was travelling well at the home turn and there was nothing to prevent him driving his horse out. The Stewards ordered a post race veterinary check on BIONIC CULLEN with the vet discovering small wounds on its off and near front fetlock with no blood present. The veterinary surgeon also reported that the wounds were not deep and the horse was not sore. Mr Ydgren stated that, in the Stewards opinion, this would not have precluded Mr Anderson showing some action in the initial 150-200m in the run home. In summary, Mr Ydgren stated that the actions by Mr Anderson over the concluding stages by tapping the horse two to three times inside the 50m was, too little, too late. He also submitted that the vigour used between the 250m and 50m fell well below what was expected from a prudent horseman.
In his defence Mr Anderson stated that BIONIC CULLEN was having its first start at a race meeting after two trial starts, was unused to the Addington track and type of surface. Mr Anderson used the video to show BIONIC CULLEN racing greenly when running wide on the turn out of the straight when in the lead. Mr Anderson stated that, he believed, he had the other horses on his outer covered at the home turn. Mr Anderson also stated that BIONIC CULLEN was uncomfortable in its gait over the concluding stages, proven in his opinion by the fact that the horse suffered severe chaffing to its fore legs, and that he was holding the horses head up to keep it balanced. In response to a question from Mr Ydgren, Mr Anderson stated that the horses gait was more important to him than striking the horse more with the whip. In answer to a question from the Committee, Mr Anderson stated that BIONIC CULLEN had begun to shift out, when tiring, over the final stages.
Reasons for Decision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee found that near the 250m Mr Anderson, driving BIONIC CULLEN, was racing in the lead on the running line with two horses on its outer challenging. All three horses remained in close proximity over the concluding stages with both other drivers showing vigour with their respective drives. The video coverage showed Mr Anderson sitting still in the sulky from the 250m and only moved when pulling the ear plugs near the 125m. Inside the 50m Mr Anderson was observed to implement the whip, and only then, by tapping the horse two to three times prior to the finishing line. The head on video coverage of the final 250m of the race showed BIONIC CULLEN pacing in a true line with no signs of an uncomfortable gait or a tendency to shift out when tiring. A post race veterinary check of BIONIC CULLEN found small wounds to the horse’s fetlocks which in the veterinarian’s opinion were not bleeding, not deep in nature and that the horse was not sore.
Mr Anderson, for his part, told the Committee that he believed BIONIC CULLEN was uncomfortable in its gait between the 250m and 50m, and that he was holding the horse’s head up to keep him balanced. He also stated that consideration should be given to the fact that the horse was having its first start on a strange track and surface.
In this case the Committee found the side on and head on video replays compelling. It clearly supported the contention of the Stipendiary Stewards that from the 250m Mr Anderson showed no vigour, and only inside the final 50m did he make an attempt to encourage the horse, and this was only by tapping the horse with the whip. Mr Anderson made no effort to drive the horse out, with vigour, between the 250 and 50m when he was competing with the other runners on his outer over the final stages. Mr Anderson has an obligation under the Rules, when circumstances permit ,to leave no doubt to the betting public that all reasonable and permissible measures have been taken to ensure his drive is given every opportunity to finish in the highest possible placing.
In not fulfilling his obligation to drive his horse with some degree of vigour, between the 250m and 50m, he had failed to take all reasonable and permissible measures to ensure his drive finished in the best possible position or finishing place.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Anderson had not been before the JCA in regard to this Rule previously and that his penalty record could be regarded as good. Mr Ydgren stated that the JCA penalty guide showed that a starting point for a breach of this Rule was 15 drives or a fine of $750. Mr Anderson’s driving statistics were that he had 11 drives last season and this season 2 drives so far. Mr Ydgren submitted that due to Mr Anderson's limited driving capacity, a suspension of between three and four months be imposed.
Mr Anderson submitted that he had more horses in the stable this year (9) compared to 5 last year and his opportunities to drive race day would be increased. He submitted that a suspension of three to four months would be excessive. Mr Anderson also stated, after a question from the Committee, that he was in a position to pay a fine if one was imposed.
Reasons for Penalty:
In determining penalty, the Committee took into account all mitigating and aggravating factors including Mr Andersons good record in totality and under this Rule, and what we believe was an error of judgement by Mr Anderson.
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: 9e1c22d3e3943bd291c26baf6d9712b2
informantnumber: A5304
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 11/10/2011
hearing_title: Rangiora HRC 11 October 2011 - R 4
charge:
Failing to take all reasonable and permissible measures at all times during the race.
facts:
Following the running of Race 4, the Caspers Café Bar Woodend Mobile Pace, an Information was filed by Stipendiary Steward, Mr NM Ydgren, against Licensed Open Horseman, Mr GR Anderson, alleging a breach of Rule 868(2) in that Mr Anderson failed to show sufficient vigour on his drive BIONIC CULLEN in the run to the finish, when at all times it was reasonable and permissible to do so.
The charge reads as follows;
“I the above named informant allege that the above named respondent committed a breach of Rule 868(2) in that Mr Anderson failed to show sufficient vigour on his drive BIONIC CULLEN in the run to the finish when at all times it was reasonable and permissible to do so.”
Rule 868(2) provides as follows:
(2)Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
appealdecision:
isappeal:
submissionsfordecision:
Mr Anderson was present at the hearing of the information and he indicated that he denied the breach and understood the Rule he was being charged with.
Mr Anderson was offered the opportunity to have the hearing of the charge adjourned but elected not to do so.
Mr Ydgren gave evidence and used the video coverage, with the assistance of Stipendiary Steward Mr AL Ray, to show that BIONIC CULLEN had led from the outset of the race and was still in that position approaching the final bend near the 250m. From that point until the 50m Mr Anderson made no discernable action to urge his horse on, apart from pulling the earplugs at the 125m. At the 50m mark Mr Anderson implemented his whip, with taps on two to three occasions, prior to the finish line. BIONIC CULLEN finished in third place with the official margins being a neck and a half a head. An initial investigation by the Stewards with Mr Anderson revealed that BIONIC CULLEN was travelling well at the home turn and there was nothing to prevent him driving his horse out. The Stewards ordered a post race veterinary check on BIONIC CULLEN with the vet discovering small wounds on its off and near front fetlock with no blood present. The veterinary surgeon also reported that the wounds were not deep and the horse was not sore. Mr Ydgren stated that, in the Stewards opinion, this would not have precluded Mr Anderson showing some action in the initial 150-200m in the run home. In summary, Mr Ydgren stated that the actions by Mr Anderson over the concluding stages by tapping the horse two to three times inside the 50m was, too little, too late. He also submitted that the vigour used between the 250m and 50m fell well below what was expected from a prudent horseman.
In his defence Mr Anderson stated that BIONIC CULLEN was having its first start at a race meeting after two trial starts, was unused to the Addington track and type of surface. Mr Anderson used the video to show BIONIC CULLEN racing greenly when running wide on the turn out of the straight when in the lead. Mr Anderson stated that, he believed, he had the other horses on his outer covered at the home turn. Mr Anderson also stated that BIONIC CULLEN was uncomfortable in its gait over the concluding stages, proven in his opinion by the fact that the horse suffered severe chaffing to its fore legs, and that he was holding the horses head up to keep it balanced. In response to a question from Mr Ydgren, Mr Anderson stated that the horses gait was more important to him than striking the horse more with the whip. In answer to a question from the Committee, Mr Anderson stated that BIONIC CULLEN had begun to shift out, when tiring, over the final stages.
reasonsfordecision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee found that near the 250m Mr Anderson, driving BIONIC CULLEN, was racing in the lead on the running line with two horses on its outer challenging. All three horses remained in close proximity over the concluding stages with both other drivers showing vigour with their respective drives. The video coverage showed Mr Anderson sitting still in the sulky from the 250m and only moved when pulling the ear plugs near the 125m. Inside the 50m Mr Anderson was observed to implement the whip, and only then, by tapping the horse two to three times prior to the finishing line. The head on video coverage of the final 250m of the race showed BIONIC CULLEN pacing in a true line with no signs of an uncomfortable gait or a tendency to shift out when tiring. A post race veterinary check of BIONIC CULLEN found small wounds to the horse’s fetlocks which in the veterinarian’s opinion were not bleeding, not deep in nature and that the horse was not sore.
Mr Anderson, for his part, told the Committee that he believed BIONIC CULLEN was uncomfortable in its gait between the 250m and 50m, and that he was holding the horse’s head up to keep him balanced. He also stated that consideration should be given to the fact that the horse was having its first start on a strange track and surface.
In this case the Committee found the side on and head on video replays compelling. It clearly supported the contention of the Stipendiary Stewards that from the 250m Mr Anderson showed no vigour, and only inside the final 50m did he make an attempt to encourage the horse, and this was only by tapping the horse with the whip. Mr Anderson made no effort to drive the horse out, with vigour, between the 250 and 50m when he was competing with the other runners on his outer over the final stages. Mr Anderson has an obligation under the Rules, when circumstances permit ,to leave no doubt to the betting public that all reasonable and permissible measures have been taken to ensure his drive is given every opportunity to finish in the highest possible placing.
In not fulfilling his obligation to drive his horse with some degree of vigour, between the 250m and 50m, he had failed to take all reasonable and permissible measures to ensure his drive finished in the best possible position or finishing place.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Anderson had not been before the JCA in regard to this Rule previously and that his penalty record could be regarded as good. Mr Ydgren stated that the JCA penalty guide showed that a starting point for a breach of this Rule was 15 drives or a fine of $750. Mr Anderson’s driving statistics were that he had 11 drives last season and this season 2 drives so far. Mr Ydgren submitted that due to Mr Anderson's limited driving capacity, a suspension of between three and four months be imposed.
Mr Anderson submitted that he had more horses in the stable this year (9) compared to 5 last year and his opportunities to drive race day would be increased. He submitted that a suspension of three to four months would be excessive. Mr Anderson also stated, after a question from the Committee, that he was in a position to pay a fine if one was imposed.
reasonsforpenalty:
In determining penalty, the Committee took into account all mitigating and aggravating factors including Mr Andersons good record in totality and under this Rule, and what we believe was an error of judgement by Mr Anderson.
penalty:
Mr Andersons Horsemans Licence was suspended from, after the conclusion of racing on 11 October 2011 up to, and including, 11 December 2011, a period of 2 months. In addition we imposed a fine of $300.
hearing_type: Hearing
Rules: 868(2)
Informant: Mr NM Ydgren - Stipendiary Steward
JockeysandTrainer: Mr GR Anderson - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8e2ce1965b4ea701021033ca854ea5a2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
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meetdate: 11/10/2011
meet_title: Rangiora HRC - 11 October 2011
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tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: JPhelan
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name: Rangiora HRC