Rangiora HRC – 28 September 2006 – Race 6
ID: JCA20980
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 28 September 2006
Race Date:
2006/09/28
Race Number:
Race 6
Decision: --
Following the running of Race 6, "Floorpride" Rangiora Handicap Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr C D Thornley, alleging a breach of the pushout rule
--
DECISION AND REASONS:
--Following the running of Race 6, "Floorpride" Rangiora Handicap Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr C D Thornley, alleging a breach of the pushout rule in that Mr Thornley, as the driver of SPECIAL OPS in the Race, moved NEMISIS (P J Davis) wider on the track with approximately 1500 metres to run.
----Mr Thornley was present at the hearing of the information and did not admit the breach.
----Mrs Williams said that it was alleged that Mr Thornley had pushed Mr Davis from 2-wide to 3-wide with 1500 metres to run. Mr Davis had been attempting to improve around the field. She said that field had been racing in single file when CLASSIC CULLEN (M Purdon), which had been racing 6th came out into the 2-wide line. Mr Thornley, who had been following Mr Purdon, followed Mr Purdon out and it was alleged that Mr Thornley was not in a position to do so as NEMISIS was already outside his sulky wheel. Mr Davis was forced to restrain to the rear of the field because AVEROSS SEELSTER (J F Curtin) was already on the back of SPECIAL OPS. He had been prevented from improving 2-wide as he was entitled to do, Mrs Williams alleged, and his chances and progress were affected.
----Mr N G McIntyre, Stipendiary Steward. showed video replays of the relevant part of the Race. He pointed out the horses and showed Mr Davis elect to go from last in a single file to the 2-out line. Mr Purdon had been racing 6th on the fence and shifted to a one-out position. He alleged that Mr Purdon was not fully out with Mr Thornley on his back, with Mr Davis on his outside. AVEROSS SEELSTER was following Mr Thornley and Mr Davis was forced to restrain to the rear.
----Mr Davis stated that he went to improve one-out and finished up 3-wide. Mr Thornley had improved out while he was coming round but he, Mr Davis, was already 2-wide. He was obliged to restrain to the rear instead of being on the back of CLASSIC CULLEN. Mr Davis did not concede that it was a clear breach of the push-out rule describing the situation as "a tricky one".
----Mr Thornley used the video replays. Mr Purdon had started to come out, he said, and he had followed him. As Mr Davis just got up outside his wheel he was already on his way out. AVEROSS SEELSTER had been racing keenly on his back and followed him out which had prevented Mr Davis getting onto the back of SPECIAL OPS. He acknowledged that Mr Davis had been forced to restrain back. Mrs Williams submitted that Mr Thornley was coming out and had not completed the outward manoeuvre and Mr Davis was never in a position to get onto his back. Mrs Williams alleged that it was SPECIAL OPS that caused NEMISIS to race wider on the track.
----Mr Davis stated that there was no doubt that, had AVEROSS SEELSTER not been pulling so hard, he would have been able to get onto Mr Thornley's back by easing back slightly. It was "matter of interpretation", he said, and a "matter of inches".
----Mr Thornley submitted that it was not possible to get a "true reading" of where the legs of NEMISIS were when he came out. He submitted that NEMISIS's legs had just come up outside his sulky wheel as he had come out and but for AVEROSS SEELSTER's racing manners Mr Davis would have been able to get onto his back.
----Following a deliberation, the Committee announced to the parties that the charge was dismissed and undertook to give reasons for its decision in writing.
----REASONS FOR DECISION
--The Committee is required to be satisfied on a balance of probabilities that the charge has been proved. If the evidence is such that we can say: "We think it more probable than not", then the burden of proof on the Informant is discharged, but if the probabilities are equal it is not. If in the end we are not "satisfied", then the charge should be dismissed.
----The Committee's reasons for not being satisfied in this case are as follows:
--------1. We accept that NEMISIS was making a forward move and, further that it ended up racing wider on the track. However, we were not satisfied that it was forced to race wider on the track solely as a result of the actions of Mr Thornley.
----2. On the evidence, there was some doubt as to precisely when SPECIAL OPS moved ground outwards relative to the nose of NEMISIS. Mr Thornley said that he had already commenced to move outwards when Mr Davis arrived. Mr Davis accepted that it was a "matter of inches";
----3. On the evidence, there was also doubt as to the extent to which Mr Thornley had completed the outwards movement before the nose of NEMISIS was in line with or past his sulky wheel; and
----4. The Committee cannot, having regard to the evidence of Mr Thornley and Mr Davis, ignore the contribution that the actions of FALCON SEELSTER made to the incident.
----Balancing the above matters, the Committee was left with sufficient doubt for it to be not satisfied, on a balance of probabilities, that the Informant had discharged the burden of proof.
----Accordingly, the charge was dismissed.
----R G McKenzie
----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: 8965ad42e56ce5c8a16ee437b9ab5220
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/09/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC - 28 September 2006 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 6, "Floorpride" Rangiora Handicap Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr C D Thornley, alleging a breach of the pushout rule
--
DECISION AND REASONS:
--Following the running of Race 6, "Floorpride" Rangiora Handicap Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr C D Thornley, alleging a breach of the pushout rule in that Mr Thornley, as the driver of SPECIAL OPS in the Race, moved NEMISIS (P J Davis) wider on the track with approximately 1500 metres to run.
----Mr Thornley was present at the hearing of the information and did not admit the breach.
----Mrs Williams said that it was alleged that Mr Thornley had pushed Mr Davis from 2-wide to 3-wide with 1500 metres to run. Mr Davis had been attempting to improve around the field. She said that field had been racing in single file when CLASSIC CULLEN (M Purdon), which had been racing 6th came out into the 2-wide line. Mr Thornley, who had been following Mr Purdon, followed Mr Purdon out and it was alleged that Mr Thornley was not in a position to do so as NEMISIS was already outside his sulky wheel. Mr Davis was forced to restrain to the rear of the field because AVEROSS SEELSTER (J F Curtin) was already on the back of SPECIAL OPS. He had been prevented from improving 2-wide as he was entitled to do, Mrs Williams alleged, and his chances and progress were affected.
----Mr N G McIntyre, Stipendiary Steward. showed video replays of the relevant part of the Race. He pointed out the horses and showed Mr Davis elect to go from last in a single file to the 2-out line. Mr Purdon had been racing 6th on the fence and shifted to a one-out position. He alleged that Mr Purdon was not fully out with Mr Thornley on his back, with Mr Davis on his outside. AVEROSS SEELSTER was following Mr Thornley and Mr Davis was forced to restrain to the rear.
----Mr Davis stated that he went to improve one-out and finished up 3-wide. Mr Thornley had improved out while he was coming round but he, Mr Davis, was already 2-wide. He was obliged to restrain to the rear instead of being on the back of CLASSIC CULLEN. Mr Davis did not concede that it was a clear breach of the push-out rule describing the situation as "a tricky one".
----Mr Thornley used the video replays. Mr Purdon had started to come out, he said, and he had followed him. As Mr Davis just got up outside his wheel he was already on his way out. AVEROSS SEELSTER had been racing keenly on his back and followed him out which had prevented Mr Davis getting onto the back of SPECIAL OPS. He acknowledged that Mr Davis had been forced to restrain back. Mrs Williams submitted that Mr Thornley was coming out and had not completed the outward manoeuvre and Mr Davis was never in a position to get onto his back. Mrs Williams alleged that it was SPECIAL OPS that caused NEMISIS to race wider on the track.
----Mr Davis stated that there was no doubt that, had AVEROSS SEELSTER not been pulling so hard, he would have been able to get onto Mr Thornley's back by easing back slightly. It was "matter of interpretation", he said, and a "matter of inches".
----Mr Thornley submitted that it was not possible to get a "true reading" of where the legs of NEMISIS were when he came out. He submitted that NEMISIS's legs had just come up outside his sulky wheel as he had come out and but for AVEROSS SEELSTER's racing manners Mr Davis would have been able to get onto his back.
----Following a deliberation, the Committee announced to the parties that the charge was dismissed and undertook to give reasons for its decision in writing.
----REASONS FOR DECISION
--The Committee is required to be satisfied on a balance of probabilities that the charge has been proved. If the evidence is such that we can say: "We think it more probable than not", then the burden of proof on the Informant is discharged, but if the probabilities are equal it is not. If in the end we are not "satisfied", then the charge should be dismissed.
----The Committee's reasons for not being satisfied in this case are as follows:
--------1. We accept that NEMISIS was making a forward move and, further that it ended up racing wider on the track. However, we were not satisfied that it was forced to race wider on the track solely as a result of the actions of Mr Thornley.
----2. On the evidence, there was some doubt as to precisely when SPECIAL OPS moved ground outwards relative to the nose of NEMISIS. Mr Thornley said that he had already commenced to move outwards when Mr Davis arrived. Mr Davis accepted that it was a "matter of inches";
----3. On the evidence, there was also doubt as to the extent to which Mr Thornley had completed the outwards movement before the nose of NEMISIS was in line with or past his sulky wheel; and
----4. The Committee cannot, having regard to the evidence of Mr Thornley and Mr Davis, ignore the contribution that the actions of FALCON SEELSTER made to the incident.
----Balancing the above matters, the Committee was left with sufficient doubt for it to be not satisfied, on a balance of probabilities, that the Informant had discharged the burden of proof.
----Accordingly, the charge was dismissed.
----R G McKenzie
----CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3057c28f5f07b356b51f4c6843c017a7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
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meetdate: 28/09/2006
meet_title: Rangiora HRC - 28 September 2006
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