Rangiora HRC 17 September 2015 – R 4 – Mr KG Hales, Chair
ID: JCA12269
Meet Title:
Rangiora HRC - 17 September 2015
Meet Chair:
KHales
Meet Committee Member 1:
GClapp
Race Date:
2015/09/17
Race Number:
R1
Decision:
The breach of the careless driving rule is dismissed.
Facts:
As a result of an incident in the "Keith Ussher Architecture Mobile Trot" Mr G Smith, Licensed Horseman, was charged with careless driving. It was alleged in the information that Mr Smith ("Paris Princess") drove carelessly when attempting to shift inwards striking the wheel of "Tehoro Holly" passing the 1400 metres.
Mr Smith denied the charge.
Mr Renault, Stipendiary Steward, requested Co-Chief Stipendiary Steward Mr N McIntyre to show the incident on the video coverage available, from the head-on and side-on camera angles. Mr McIntyre pointed out how Mr Smith was endeavouring to hand up the lead to Mr Holmes ("Tehoro Holly") in the process of which he attempted to get "on the back" of "Tehoro Holly" in order to take a trailing position. However, Mr McIntyre said there was insufficient room for him to do so and as a result, "Paris Princess" made contact with the outside wheel of Mr Holmes' sulky. This, he said, caused "Paris Princess" to break from its gait. The Stipendiary Stewards maintained that there was insufficient room because of the presence of "KD Muscles" (M Edmonds) on the inside. It was pointed out by Mr McIntyre that Mr Edmonds could not drop further down the track because that would have put him into the passing lane, which he was not entitled to go to, at that stage of the race.
Mr Renault then called Mr Holmes to give evidence. Mr Holmes said that about the 1400 metres, he was challenged by Mr Smith for the lead. Mr Smith then elected to drop back and Mr Holmes believed that Mr Smith would drop behind in the trail. He confirmed that there was contact with his outside wheel which he described as "minute".
Mr Smith in response, said that in his opinion, there was always room for him to get into a trailing position behind Mr Holmes, and that the camera angles were deceiving. He emphasised that "KD Muscles" was at least a cart width down albeit not in the passing lane. Mr Smith then pointed out, how Mr Holmes moved out and that movement caused his horse to become unbalanced. Furthermore, at the relevant time he was endeavouring to get in behind Mr Holmes, so that a combination of moving down and then having to move out again slightly, caused the unbalancing that he spoke of. His conclusion was that was what caused his horse to break from its gait. If there was contact with Mr Holmes' sulky, then it was, as Mr Holmes described, "minute" and from his perspective, he doubted that the contact caused his horse to break from its gait. In fact, Mr Smith maintained that his horse had already gone into a break when the contact was made. He said that the contact was so minimal, that it would not have caused most horses to break.
Submissions for Decision:
In summary, Mr Renault said that it was a high risk manoeuvre on Mr Smith's part, and that it was the contact which caused the break, and as a consequence, "Paris Princess" lost all chances in the race.
Mr Smith had no further submissions to make.
Reasons for Decision:
In determining the outcome of this case, we have to be satisfied that Mr Smith drove carelessly. The standard of proof is not that of beyond reasonable doubt. We just have to be reasonably sure that he drove carelessly. Among other things, we have to enquire if Mr Smith's driving fell below that of a reasonable and prudent driver. There is, of course, no such thing as the "perfect driver".
In essence, the Stipendiary Stewards' case is that there was insufficient room for Mr Smith to take his horse into a trailing position behind Mr Holmes. He attempted to do so, but as a consequence, his horse made contact with the outside wheel of Mr Holmes' sulky. Mr Holmes confirmed this in his oral evidence, but said that the contact was "minute".
Mr Smith's case was that there was sufficient room for him to move into the trailing position but that Mr Holmes moved out, perhaps close to a cart width. He said that his horse became unbalanced and if there was contact, it was at a point when where his horse was already in a break, as a result of his horse being unbalanced. He placed emphasis on this point. He was firmly of the view that the camera angles were deceiving. He also maintained that the amount of contact would not cause a horse to break.
This charge has been properly laid by the Stipendiary Stewards. Mr Smith's horse broke from its gait seemingly when it was still in a trot and which break was the result of it coming into contact with Mr Holmes' cart. Mr Smith does not agree.
We have looked carefully at the video coverage and listened carefully to the oral evidence and submissions. The case is evenly balanced. Whilst some contact by "Paris Princess" with Mr Holmes' cart is agreed upon, it is disputed at which point the contact was made - whilst in a trot or after it had broken.
Because of the even balance between the competing claims, we must err in favour of Mr Smith. We are just not satisfied to such a degree as to find the charge proved.
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: 48174446247c1a2bb7c961dec3442713
informantnumber: A7710
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 0
decisiondate: 21/09/2015
hearing_title: Rangiora HRC 17 September 2015 - R 4 - Mr KG Hales, Chair
charge:
facts:
As a result of an incident in the "Keith Ussher Architecture Mobile Trot" Mr G Smith, Licensed Horseman, was charged with careless driving. It was alleged in the information that Mr Smith ("Paris Princess") drove carelessly when attempting to shift inwards striking the wheel of "Tehoro Holly" passing the 1400 metres.
Mr Smith denied the charge.
Mr Renault, Stipendiary Steward, requested Co-Chief Stipendiary Steward Mr N McIntyre to show the incident on the video coverage available, from the head-on and side-on camera angles. Mr McIntyre pointed out how Mr Smith was endeavouring to hand up the lead to Mr Holmes ("Tehoro Holly") in the process of which he attempted to get "on the back" of "Tehoro Holly" in order to take a trailing position. However, Mr McIntyre said there was insufficient room for him to do so and as a result, "Paris Princess" made contact with the outside wheel of Mr Holmes' sulky. This, he said, caused "Paris Princess" to break from its gait. The Stipendiary Stewards maintained that there was insufficient room because of the presence of "KD Muscles" (M Edmonds) on the inside. It was pointed out by Mr McIntyre that Mr Edmonds could not drop further down the track because that would have put him into the passing lane, which he was not entitled to go to, at that stage of the race.
Mr Renault then called Mr Holmes to give evidence. Mr Holmes said that about the 1400 metres, he was challenged by Mr Smith for the lead. Mr Smith then elected to drop back and Mr Holmes believed that Mr Smith would drop behind in the trail. He confirmed that there was contact with his outside wheel which he described as "minute".
Mr Smith in response, said that in his opinion, there was always room for him to get into a trailing position behind Mr Holmes, and that the camera angles were deceiving. He emphasised that "KD Muscles" was at least a cart width down albeit not in the passing lane. Mr Smith then pointed out, how Mr Holmes moved out and that movement caused his horse to become unbalanced. Furthermore, at the relevant time he was endeavouring to get in behind Mr Holmes, so that a combination of moving down and then having to move out again slightly, caused the unbalancing that he spoke of. His conclusion was that was what caused his horse to break from its gait. If there was contact with Mr Holmes' sulky, then it was, as Mr Holmes described, "minute" and from his perspective, he doubted that the contact caused his horse to break from its gait. In fact, Mr Smith maintained that his horse had already gone into a break when the contact was made. He said that the contact was so minimal, that it would not have caused most horses to break.
appealdecision:
isappeal:
submissionsfordecision:
In summary, Mr Renault said that it was a high risk manoeuvre on Mr Smith's part, and that it was the contact which caused the break, and as a consequence, "Paris Princess" lost all chances in the race.
Mr Smith had no further submissions to make.
reasonsfordecision:
In determining the outcome of this case, we have to be satisfied that Mr Smith drove carelessly. The standard of proof is not that of beyond reasonable doubt. We just have to be reasonably sure that he drove carelessly. Among other things, we have to enquire if Mr Smith's driving fell below that of a reasonable and prudent driver. There is, of course, no such thing as the "perfect driver".
In essence, the Stipendiary Stewards' case is that there was insufficient room for Mr Smith to take his horse into a trailing position behind Mr Holmes. He attempted to do so, but as a consequence, his horse made contact with the outside wheel of Mr Holmes' sulky. Mr Holmes confirmed this in his oral evidence, but said that the contact was "minute".
Mr Smith's case was that there was sufficient room for him to move into the trailing position but that Mr Holmes moved out, perhaps close to a cart width. He said that his horse became unbalanced and if there was contact, it was at a point when where his horse was already in a break, as a result of his horse being unbalanced. He placed emphasis on this point. He was firmly of the view that the camera angles were deceiving. He also maintained that the amount of contact would not cause a horse to break.
This charge has been properly laid by the Stipendiary Stewards. Mr Smith's horse broke from its gait seemingly when it was still in a trot and which break was the result of it coming into contact with Mr Holmes' cart. Mr Smith does not agree.
We have looked carefully at the video coverage and listened carefully to the oral evidence and submissions. The case is evenly balanced. Whilst some contact by "Paris Princess" with Mr Holmes' cart is agreed upon, it is disputed at which point the contact was made - whilst in a trot or after it had broken.
Because of the even balance between the competing claims, we must err in favour of Mr Smith. We are just not satisfied to such a degree as to find the charge proved.
Decision:
The breach of the careless driving rule is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: Rule 869(3) No horseman in any race shall drive:-, (b) carelessly;
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: GA Smith- Licensed Horseman
Otherperson: Mr N McIntyre - Co-Chief Stipendiary Steward, Mr Holmes - Driver of TEHORO HOLLY
PersonPresent:
Respondent:
StipendSteward:
raceid: ee286f3cb1b7814eb1f069d5998b9869
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: cdf9aba4d9a204b27120ff398bc6a6be
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/09/2015
meet_title: Rangiora HRC - 17 September 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: GClapp
meet_pm2: none
name: Rangiora HRC