Rangiora HRC 7 January 2018 – R 10 (heard 12 January 2018 at Nelson) – Chair, Mr P Williams

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hearing_title: Rangiora HRC 7 January 2018 - R 10 (heard 12 January 2018 at Nelson) - Chair, Mr P Williams

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr S Renault, Stipendiary Steward

Respondent: Mr R May, Open Horseman

Information: A8987

Meeting: Rangiora Harness Racing Club

Race: 10

Date: 07 January 2018 (heard 12 January 2018 at Nelson)

Rule: 869(3)(b)

Venue: Rangiora Racecourse

Judicial Committee: P Williams, Chairman – T Utikere, Committee Member

Date of Decision: 12 January 2018

FACTS

Following the running of Race 10 the “Amberley TC at Rangiora on Waitangi Day Mobile Pace” at the Rangiora HRC meeting on 07 January 2018, Information A8987 was filed alleging a breach of Rule 869(3)(b) by Open Horseman Mr R May. The hearing was opened and adjourned and the adjourned hearing was heard at the Nelson HRC’s meeting at Richmond Park on 12 January 2018. The Information stated “driver R May (Mossdale Rose) drove carelessly near the 250m when striking the sulky wheel of “One Big Fella” (N McGrath) which punctured in consequence”. Mr May signed the Information on 07 January 2018 indicating he did not admit the breach but at the beginning of the hearing today confirmed he now wished to change his plea and admit the breach and this was noted on the Information.

Mr May also confirmed he understood the Rule under which he was charged.

Rule 869(3)(b) states:- “No horseman in any race shall drive carelessly”.

SUBMISSIONS

Stipendiary Steward Mr Renault showed the films of the horses racing just prior to entering the home straight for the final time. He highlighted Mr May driving “Mossdale Rose” racing 1 out and 1 back following Mr McGrath who was driving “One Big Fella” with Mr Dunn driving “Mongolian Mars” to the outside of Mr May. Mr Renault said at the top of the straight Mr May attempted to come outwards forcing Mr Dunn wider on the track and he slightly misjudged the timing of his move as a result of which “Mossdale Rose” made contact with the wheel of “One Big Fella” puncturing the right side tyre. He said at the point contact was made the film showed Mr McGrath immediately looking round to see what had happened. Mr Renault added that the tyre did not come off the wheel until just after the finish when it could be seen to wrap round the axle. Mr Renault pointed out that Mr McGrath had ended up in sixth place so could not protest against the actions of Mr May, but he (Mr McGrath) believed his chances of finishing in a better position had been affected by the contact and resulting puncture.

Mr May said Mr Dunn’s horse was hanging all over him around the turn which wasn’t helping him trying to get out from behind Mr McGrath. He said the contact with Mr McGrath’s wheel was so light he didn’t realise he had actually struck it until the race was completed and to emphasize that point he said the film clearly showed that his horse never missed a stride after hitting the wheel. Mr May also said he believed the film showed that Mr McGrath had moved out slightly at the top of the straight which contributed to the incident occurring. In conclusion he said the wheels on the latest make of sulky only needed to be slightly touched for the tyres to puncture whereas the older versions could sustain much heavier contact before puncturing and, given in this instance the tyre did not come off until after the finish of the race, he wasn’t sure the impact had made that much difference to Mr McGrath’s chances.

DECISION

As Mr May has admitted the breach the Committee finds the charge proved.

SUBMISSIONS ON PENALTY

Mr Renault said Mr May was a very busy horseman having had 281 drives so far this season and 677 last season.

Mr Renault said the JCA’s Penalty Guidelines state that “anytime a driver hits a wheel the consequences of this action go to penalty” and the starting point is a 6 drives suspension or a $300 fine. He said the Stewards believed that because it could be argued that Mr McGrath’s chances of finishing in a better place were affected by the actions of Mr May the starting point should be increased to $400.

In mitigation he said the Stewards considered the severity of the breach to be at the low end. He added Mr May had admitted the breach of the Rule and had an excellent record having had 590 drives since his previous breach of the Rule on 6 February 2017 at Amberley when he was suspended for 2 days. He said the Stewards believed that record justified a reduction in the penalty and submitted a fine of $300-$350 was an appropriate penalty.

Mr May reiterated that he believed there was minimal contact with Mr McGrath’s wheel and that was supported by the fact that his horse never changed stride after the impact was made.

REASONS FOR PENALTY

We have considered the evidence and submissions of both parties and viewed the available films on several occasions. The most helpful is the side-on angle which shows when the contact took place – when Mr McGrath can be seen to turn around to see what had happened. We accept that the contact from Mr May’s horse was minimal but, as accepted by Mr May, did occur. We do not believe Mr McGrath’s driving contributed to the incident occurring and, whilst we agree that Mr Dunn’s horse was hanging coming around the final bend and might have impacted on Mr May’s manoeuvring ability Mr May still had a responsibility to make his move in a way that did not impact on any other runner.

We have noted Mr Renault’s comments about the JCA Penalty Guidelines referring to a starting point of a 6 drives suspension or a $300 fine when a driver hits a wheel notwithstanding that the starting point for a mid-range careless driving breach is a 10 drives suspension or a $500 fine. Information A8987 alleges Mr May “drove carelessly ……..” and we have therefore decided that the starting point penalty for this breach today is a fine of $500. We believe the severity of the carelessness to be in the low range (noting that the contact with Mr McGrath’s wheel was minimal) and because of that we have decided the penalty will be reduced by $100. In recognition of Mr May’s excellent driving record in not having breached this Rule for 11 months and his admission of the breach we have also reduced the penalty by a further $100. Whilst “One Big Fella” did not break as a result of the contact by Mr May, in having to race with a punctured sulky wheel for the final 200-250m of the race, it could be argued its chances of finishing in a better place were possibly affected. We will never know for sure if that is the case and, as a result, on this occasion we have decided we cannot say that is an aggravating factor that justifies increasing the penalty further.

PENALTY

Mr May is fined $300.

Paul Williams

Chairman

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Rules: 869(3)(b)

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