Reefton TC 13 April 2012 – R 10
ID: JCA10845
Meet Title:
Reefton TC - 13 April 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/04/13
Race Number:
R 10
Decision:
On resuming the hearing we advised the parties that full reasons would be given later (see above) and that the charge was dismissed.
Charge:
Alleged careless driving.
Facts:
Following the running of Race 10, the Apparelmaster Christchurch Ltd Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Mr R. D. Holmes, the driver of “Burfield” (6).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly when allowing your runner to strike the sulky wheel of “Mirthful Mac” causing your horse to gallop.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Holmes had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Holmes also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that in the home straight Mr Holmes was driving his horse forward and looking for racing room. There was no room for Mr Holmes to improve into, and close to the finish his horse made contact with the sulky wheel of “Mirthful Mac” (5) resulting in his horse breaking.
Mr Holmes agreed that his horse had made contact with the sulky wheel as alleged. He said that he was urging his horse forward and hoped that a gap would come. When it became apparent that there was no room to improve into he took hold of his horse. However, when he did this his horse “ran down” slightly and made contact with the sulky wheel of “Mirthful Mac”. Mr Holmes also said that the contact was slight, and that although his horse broke it did not affect his chances of finishing in a stake or dividend bearing place.
We adjourned to consider our decision.
Reasons for Decision:
We carefully reviewed the video coverage and the evidence. We were satisfied that Mr Holmes was driving his horse forward as described. It was also apparent that Mr Holmes took hold of his horse when no racing room became available. It was after taking hold of the horse that the incident occurred, and we accept Mr Holmes’ evidence that his horse ran in a little and made contact. We did not believe that Mr Holmes had been careless, but rather the incident was caused when his horse ran in unexpectedly.
We were therefore satisfied that this charge had not been proved and that it should be dismissed.
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: 0e7f547ffab64dcd76d391ac958eed95
informantnumber: A5169
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 13/04/2012
hearing_title: Reefton TC 13 April 2012 - R 10
charge:
Alleged careless driving.
facts:
Following the running of Race 10, the Apparelmaster Christchurch Ltd Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren alleging careless driving by Mr R. D. Holmes, the driver of “Burfield” (6).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you drove carelessly when allowing your runner to strike the sulky wheel of “Mirthful Mac” causing your horse to gallop.”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Holmes had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Holmes also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that in the home straight Mr Holmes was driving his horse forward and looking for racing room. There was no room for Mr Holmes to improve into, and close to the finish his horse made contact with the sulky wheel of “Mirthful Mac” (5) resulting in his horse breaking.
Mr Holmes agreed that his horse had made contact with the sulky wheel as alleged. He said that he was urging his horse forward and hoped that a gap would come. When it became apparent that there was no room to improve into he took hold of his horse. However, when he did this his horse “ran down” slightly and made contact with the sulky wheel of “Mirthful Mac”. Mr Holmes also said that the contact was slight, and that although his horse broke it did not affect his chances of finishing in a stake or dividend bearing place.
We adjourned to consider our decision.
reasonsfordecision:
We carefully reviewed the video coverage and the evidence. We were satisfied that Mr Holmes was driving his horse forward as described. It was also apparent that Mr Holmes took hold of his horse when no racing room became available. It was after taking hold of the horse that the incident occurred, and we accept Mr Holmes’ evidence that his horse ran in a little and made contact. We did not believe that Mr Holmes had been careless, but rather the incident was caused when his horse ran in unexpectedly.
We were therefore satisfied that this charge had not been proved and that it should be dismissed.
Decision:
On resuming the hearing we advised the parties that full reasons would be given later (see above) and that the charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr R D Holmes - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 33b0cf103aa354b838e0dcf6035f8a41
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b0c19455c0e3b10903487efcfa9606fe
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/04/2012
meet_title: Reefton TC - 13 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Reefton TC