Roxburgh TC – 5 January 2007 – Race 9

hearingid: 7bc1b94c8e825813fe5c34db26f1a1de

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hearing_racingtype: harness-racing

startdate: 05/01/2007

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hearing_title: Roxburgh TC - 5 January 2007 - Race 9

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Mr Allison, stipendiary steward, alleged that with approximately 1100 metres to run in race 9 at Roxburgh on Friday 5 January Mr Beck driving LETSGO JACCKA improved into the passing lane in breach of passing lane reg 3 and was as a consequence in breach of rule 869(3)(f).

Mr Allison, stipendiary steward, alleged that with approximately 1100 metres to run in race 9 at Roxburgh on Friday 5 January Mr Beck driving LETSGO JACCKA improved into the passing lane in breach of passing lane reg 3 and was as a consequence in breach of rule 869(3)(f). The Committee observed that having upheld the protest on the day, strictly speaking the charge was found to be proved. The Committee noted the use of the word "shall" in reg 3. Nonetheless, in the interests of natural justice Mr Beck was permitted to plead and he entered a plea of not guilty.

Mr Allison, had Mr Knowles, stipendiary steward, with the aid of the head on video, demonstrate that Mr Thomas driving MY GIRL ANNE moved out slightly while leading when progressing down the home straight with a round to go. Mr Allison submitted that this is not unusual, and required the following horses to "trail up" behind. This did not happen on this occasion, according to Mr Allison, who alleged that Mr Beck improved well inside the passing lane pushing Mr Thomas into the parked position when he was in fact the lead horse.

Mr Beck called Mr Thornley who stated that he was trailing up behind Mr Beck at the time. He said that in his view Mr Beck (nor himself, for that matter) had not moved into the passing lane. He drew an imaginary line on the video screen which he said was the passing lane. This commenced at the marker peg at the top of the straight. Mr Allison disagreed with this line. But we observed that even were we to accept Mr Thornley's line, both Mr Beck (and he) transgressed in that they clearly moved into the passing lane about halfway down the straight. Both Mr Beck and Mr Thornley accepted this but said it was due to a fault in the design of the passing lane and not their driving.

Mr Beck also called Mr Swain, the driver of VIVA LA CC, who had sat at the rear of the field and had followed Mr Thornley. Mr Swain described the configuration of the passing lane. He said at the top of the straight that MY GIRL ANNE was some 2 cart widths out after she straightened for the run home. He accepted that because of the sharp bend at Roxburgh horses tend to drift out and that MY GIRL ANNE's line on this occasion was not unusual. He described MY GIRL ANNE as moving out about half a cart width from the running line as it progressed down the straight. His description of the running line concurred with that of Mr Knowles and was the second line of hoof prints from the inside that were evident on the video.

We gave an oral decision on the day and indicated that it would be incorporated verbatim into our written decision which would also recount the evidence that had been placed before us:

Mr Beck, we have studied the videos and listened carefully to your submissions and those of your witnesses, Mr Thornley and Mr Swain. We understand the point you are endeavouring to make in respect of the position of the marker peg but, as both the stipendiary stewards have said, and in addition as Mr Swain, the driver of VIVA LA CC, who has experience of driving regularly on the track, has also said, the bend is sharp and horses naturally tend to drift out before establishing the running line and progressing down the straight. It is our view that this is what happened on this occasion. The running line was established by the lead horse MY GIRL ANNE and there was a further line of horses one out. All parties agree that MY GIRL ANNE was hanging out and that that horse drifted out half a cart width as it progressed down the straight.

You stated that MY GIRL ANNE was already 1/2 a cart width out and drifted out a further cart width. The stipendiary stewards do not agree that MY GIRL ANNE was a full cart width off the running line, and nor do we. A further point of disagreement between you and the stipendiary stewards is whether or not you went into the passing lane when you angled your horse for a run on the inside of MY GIRL ANNE and progressed alongside. You drew an imaginary line on the video between the marker peg at the commencement of the passing lane and the winning post and have said this to be the outer limit of the passing lane. We have pointed out that if this were so, there would be little room for a horse very shortly after the commencement of the passing lane and virtually none by halfway down the straight. You did not appear to disagree, but say that this is because of the poor configuration of the passing lane. Even if we were to accept your assessment of the passing lane and that there was a breach of Passing Lane reg 7 in that MY GIRL ANNE did not maintain a straight line, which we do not, you admit to encroaching on the passing lane area when progressing past MY GIRL ANNE but state that this was due to your being forced there by MY GIRL ANNE moving in and pushing you down. To use your words, "the only time [you] were guilty of being in the passing lane was for 4 to 5 strides when the other horse [MY GIRL ANNE] came in and pushed [you] in." While we accept MY GIRL ANNE was hanging out and her head was turned in, despite your best efforts with the 'slow mo? on the video, we cannot accept your statement that MY GIRL ANNE pushed you down. We simply cannot see any evidence of this. We are satisfied that MY GIRL ANNE did drift out half a cart width after the running line was established. We note that your horse LETSGO JACCKA was clearly within a metre of the markers for several strides and was also clearly within the confines of the passing lane while improving. We do not accept there was room for Mr Beck to progress on the inside of MY GIRL ANNE without being in breach of Passing Lane reg 3 and rule 869(8). We therefore find the charge under rule 869(3)(f) proved.

As Mr Allison has said Mr Beck, you are an experienced driver, with more than 5700 drives and 592 winners. You should have known better. The horse you were driving, which won the race, has been disqualified, losing a $4875 stake. You have no previous breaches on your record in respect of the passing lane regulations. Mr Allison seeks a "reasonable fine" as a deterrent. You have said you would prefer a fine to a suspension as it is a "busy time coming up".

Rule 869(3)(f) covers wide range of conduct, a variety of instances of improper driving. Other than the fact that the breach led to a disqualification of the winner, we regard this breach as being towards the lower end of the scale. It was a momentary error of judgment, but you should have known better. We note your excellent record, and believe the disqualification of LETSGO JACCKA is a greater general deterrent than a fine. We emphasise that there was clearly no element of cheating involved; just an error of judgment.

We agree with Mr Allison that a fine is appropriate and impose a fine of $450, and remind you of your obligations under the Rules of Harness Racing.

GG Hall, Chairman

N Johnstone

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hearing_type: Old Hearing

Rules: 869.8, 869.3.f

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