Rangiora HRC – 23 December 2006 – Race 2

hearingid: 25cb596107ed37c54454454a294fd0a8

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hearing_racingtype: harness-racing

startdate: 23/12/2006

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decisiondate: no date provided

hearing_title: Rangiora HRC - 23 December 2006 - Race 2

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Following the running of Race 2, Dakins RAL Plastic Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr P J Davis, alleging that Mr Davis "misconducted himself with the language that he used in the race to another driver and the manner in which he drove was unacceptable and reckless".

Following the running of Race 2, Dakins RAL Plastic Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr P J Davis, alleging that Mr Davis "misconducted himself with the language that he used in the race to another driver and the manner in which he drove was unacceptable and reckless".

Mr Davis was present at the hearing of the information and indicated that he admitted the charge of misconduct but denied the charge of driving in a manner that was reckless. Mr Davis was informed by the Committee that, because of the serious nature of the charges, he could, if he so wished, request an adjournment of the hearing of the charges to enable him to prepare a defence to the charges. Mr Davis indicated that he elected to have the matter heard on the raceday. Mrs Williams then sought the leave of the Committee to withdraw the charge of reckless driving under Rule 869 (3) (c). Leave was granted accordingly.

The charge of misconduct was found to be proved.

Mrs Williams stated that Mr Davis was the driver of BRAESIDE CEEJAY in Race 2. With approximately 1100 metres to run, Mr Davis believed he had been pushed wider on the track by Mrs S M Williams on GO FOR GRINS STAR. Mrs Williams said the Stipendiary Stewards were adamant that it was not a breach of the pushout rule in that Mrs S M Williams had been going forward. Mr Davis believed, at the time, that he been pushed wider and told Mrs S M Williams that she was not allowed to do that and told her so "in no uncertain terms" using "some expletives". Mr Davis then continued to drive his horse outside Mrs S M Williams despite having the opportunity to pull in behind her. He continued to use language that was unacceptable and continued to put pressure on Mrs S M Williams' horse by trying to force it back down. Mrs Williams alleged that it was also misconduct to drive his horse in that unacceptable manner. Mrs Williams alleged that the incident had continued for a distance in excess of 400 metres. Further, on pulling up, Mr Davis sought out Mrs S M Williams and "had another go at her".

Mrs Williams said that Mr Davis was entitled to credit for admitting the charge of misconduct and he had attempted to find Mrs S M Williams to apologise to her.

Mr N M Ydgren, Stipendiary Steward, showed video replays of the relevant portion of the race and pointed out the incident that had upset Mr Davis. Mr Ydgren stated that he had been positioned at the patrol box at the entrance to the back straight and had heard Mr Davis use the language complained of. He heard Mr Davis use expletives while racing outside Mrs Williams. He also pointed out on the video Mr Davis attempt to push Mrs Williams' horse back down despite her having successfully moved Mr Davis wider. Mr Ydgren said that he believed that trailing runners were endangered by Mr Davis' actions.

Mrs Williams stated that Mr Davis had "lost his cool" but had been very contrite in admitting the charge. She recommended a fine of $500. Mr Davis had not previously offended, she said.

Mr Davis said that he seriously regretted the incident. Prior to receiving notification that he was to be charged, he had made an attempt to apologise to Mrs S M Williams but had been unable to locate her at that time. Prior to the hearing of the charge, he had located Mrs Williams and had apologised to her. He acknowledged that, even had Mrs Williams been guilty of a breach of the pushout rule, the manner in which he spoke to her was unwarranted. He stated that he did believe that he had been pushed out by Mrs Williams and had been quite upset and had lost his cool. He submitted that such behaviour was out of character.

The Committee took into account the submissions of the parties, Mr Davis' admission of the breach and his obvious contrition over the incident. However, the incident was quite a serious one and Mr Davis' behaviour was unacceptable. The Committee accepted the submission by Mrs Williams that the usual fine for a breach of the misconduct rule was $500 and Mr Davis was fined the sum of $500.

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.3.c

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raceid: 592db6ae4286d86ca23af9b9514f3c43

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race_title: Race 2

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meetdate: 23/12/2006

meet_title: Rangiora HRC - 23 December 2006

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tracklocation: rangiora-hrc

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name: Rangiora HRC