Timaru HRC – 20 September 2009 – Race 4
ID: JCA20253
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 20 September 2009
Race Date:
2009/09/20
Race Number:
Race 4
Decision:
This matter was heard at the Rangiora Harness Racing Club’s meeting at Addington Raceway on 24 September 2009.
--Following the running of Race 4, the Northtown Nutrition Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr M. P. Jones alleging a breach of Rule 869(3)(f).
This matter was heard at the Rangiora Harness Racing Club’s meeting at Addington Raceway on 24 September 2009.
--Following the running of Race 4, the Northtown Nutrition Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr M. P. Jones alleging a breach of Rule 869(3)(f). The charge reads as follows.
--“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(f) in that Mr Jones drove in an improper manner when allowing Mr Butt and “Salem” to shift inwards into the trail with approx. 1000m to run.”
--Rule 869(3)(f) reads as follows.
--“No horseman in any race shall drive improperly.”
--Mr Jones had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Jones also agreed that he understood the Rule and the nature of the charge.
--Mr Ydgren gave evidence and outlined what had happened in this race, and he then called Stipendiary Steward Mr McIntyre to give evidence.
--Mr McIntyre used video coverage and gave evidence to illustrate that with just over a lap to run in this 2000 metres mobile start event, the 2/2 favourite, “Salem” (16) driven by Mr A. M. Butt, made a move around the field and challenged the 1/1 favourite, “Code Red” (1) driven by Mr R. D. Holmes, for the lead. There was a brief speed duel for the lead which continued on for about 100 metres. As a result of this move the field strung out. At that time “Jayee’s Magic” (2), driven by Mr M. P. Jones, was in the trail, and it dropped back 3 – 4 lengths.
--By about the 1000 metre mark Mr Butt had given up trying for the lead, and eased his horse back. He was then able to move into the trail ahead of “Jayee’s Magic”, and this horse then remained three back on the marker line until reaching the final straight. Mr McIntyre pointed out that Mr Jones took no demonstrable action to retain the trail, and that with his experience he should have tried to do so.
--Mr Ydgren said that this charge was brought because it was expected that Mr Jones would have made an effort to retain the trail and thereby increase the chances of his horse finishing in a better placing. Mr Ydgren used the video coverage to show that Mr Jones made no discernible effort to urge his horse forward at the crucial time. It was also submitted that Mr Jones had driven improperly by allowing Mr Butt to take up the trailing position at the expense of his horse, and this could be seen as assisting another runner.
--Mr Jones questioned both Stipendiary Stewards about the racing manners of his horse in this race, especially in relation to it running out. It was agreed that “Jayee’s Magic” had run out about ¾ to one cart width at the time of this incident.
--Mr Jones gave evidence that on leaving the front straight for the last time he was about 3 – 4 lengths behind the pace making “Code Red”, this being brought about when “Salem” challenged “Code Red” for the lead. When travelling around the bend his horse was running out, and he was trying to keep it straight. Mr Jones explained that “Jayee’s Magic” had a rein pricker on its near side, and a “bit pricker”, also on its near side. His horse was inclined to “run away” from this gear, and it was about a cart width off the marker line when “Salem” attempted to move into the trail. He said that he called out to Mr Butt to try and “bluff” him out of moving into the trail.
--Mr Jones emphasised that he was required to keep his horse straight, and as he had horses outside him he could not push it forward at the same time without causing additional problems.
--Mr Jones also said that “Jayee’s Magic” was an average maiden, and that it was not capable of running fast sectionals. When the two leading horses, which he submitted were high class 3 – year – olds, had a contest for the lead he was unable to keep up, and this also applied to most of the following horses. In summary Mr Jones said that his horse was not good enough to retain the trail.
--Mr Jones called Mr D. A. Taylor, the trainer of “Jayee’s Magic”, to give evidence. Mr Taylor said that his horse had problems with steering and that it gets its head round. He said that the horse has got “issues” with its racing manners. After looking at the video coverage of this race he said that when you take hold of him he “gets all over the place”. Mr Taylor agreed that the horse was running out during this incident.
--Mr Jones asked Mr Taylor if “Jayee’s Magic” was capable of coming home in 55.9 [the official time for the last 800 metres of this race] and Mr Taylor said that he was not capable of a time as quick as this.
--Mr Jones also called Mr A. M. Butt, the driver of “Salem”, to give evidence. It was established that Mr Butt had driven “Jayee’s Magic” in two of its starts – at Addington on 24 July 2009, when it finished 2nd, and at Timaru on 13 September 2009 when it finished 3rd.
--Mr Butt said that during his first drive on the horse it went rough when in close quarters. He said he felt he had to go easy on the horse or it might break. Mr Butt also said that he had been forewarned by Mr Taylor that the horse wasn’t much good, and that he needed to be careful with him.
--During his second drive he said he “treated him with kid gloves” because of his previous experience when driving him. On this occasion he was in the one by one and he followed the eventual winner all the way. He said he battled into third and that it was a very average run. Mr Butt also said that he wasn’t game to ask him to go as he needed to be left alone to do his own thing.
--After hearing the evidence we adjourned to consider our decision.
--This charge relates to driving improperly and “improperly” is defined in the Concise Oxford Dictionary as meaning “not in accordance with accepted rules of behaviour”.
--During his evidence Mr Ydgren referred to Rule 1008(a) which provides as follows.
--“1008 In the absence of any express provision to the contrary in any
proceeding for a breach these Rules:-
(a) it shall not be necessary for the informant to prove that the defendant or any person intended to commit that or any breach of the Rule”
We should add that Rule 1008A is also relevant in this case, and that Rule provides that the standard of proof required is on the balance of probabilities, which is the civil standard.
It is well settled that the more serious the charge is, the higher the standard of proof must be. In the present case the charge of improper driving alleges a breach of the accepted code of conduct for horsemen by Mr Jones. It is also relevant that the penalties imposed in the past for a breach of this Rule have been substantial. We regard this breach of the Rules as being serious, and the standard of proof required is therefore higher than in, for example, a charge of careless driving.
--We were satisfied that the evidence was clear that “Jayee’s Magic” was not an easy horse to drive, and in this respect we accepted the evidence from Mr Jones, Mr Taylor, and Mr Butt.
--It was also clear to us that “Jayee’s Magic” was running out at the time of this incident, and continued to do so, to a lesser degree, after entering the back straight. We also accepted that Mr Jones was trying to keep his horse straight, and that it was not reasonable to expect that he would try to urge his horse forward at the same time. We did not accept that Mr Jones “allowed” Mr Butt to take up the trailing position, and rather he was prevented from keeping it by his horse running out.
--Taking into account all of the evidence we were not satisfied that this charge had been proved to the required standard.
--On returning to the Enquiry Room we advised the parties that a full written decision would be given later, and that in that decision we would deal with all the evidence in more detail (see above). Our oral decision was as follows.
--“Having heard the evidence from the parties and the witnesses, we are satisfied that this charge of improper driving is based on Mr Jones’ failure to maintain his position in the trail at about the 1000 metre mark.
--The case for the Stipendiary Stewards was that Mr Jones should have made a discernable effort to remain in the trail, but that he did nothing to urge his horse forward. The video coverage confirms that Mr Jones did not urge his horse forward at the time.
--Mr Jones’ case was that his horse was unable to keep up when “Code Red” and “Salem” had a brief speed duel. When the pace eased Mr Jones said his horse was running out, and that he was doing his best to keep it straight. He also said that it was not possible for him to keep his horse straight, and drive it forward at the same time.
--There was considerable evidence from Mr Jones, Mr Taylor (the trainer), and Mr A. M. Butt, about the characteristics of “Jayee’s Magic”. It is clear to us that this horse has deficiencies as a racehorse and can be difficult to drive.
--We will deal in more detail with the standard of proof in our written decision (see above). This is a serious charge and the standard of proof, the “balance of probabilities” needs to be somewhat higher than for less serious charges under the Rules.
--We find that Mr Jones had good reasons for not driving his horse forward to regain the trail, and we accept his evidence that his horse was running out and he needed to keep it straight.
--For all these reasons we find that there is insufficient evidence to find this charge proved, and it is dismissed.”
----
J. M. Phelan R. G. McKenzie
Chairman Committee Member
67799
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: 53e1fa90328de28711139f73f28ab596
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 20/09/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 20 September 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
This matter was heard at the Rangiora Harness Racing Club’s meeting at Addington Raceway on 24 September 2009.
--Following the running of Race 4, the Northtown Nutrition Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr M. P. Jones alleging a breach of Rule 869(3)(f).
This matter was heard at the Rangiora Harness Racing Club’s meeting at Addington Raceway on 24 September 2009.
--Following the running of Race 4, the Northtown Nutrition Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr M. P. Jones alleging a breach of Rule 869(3)(f). The charge reads as follows.
--“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(f) in that Mr Jones drove in an improper manner when allowing Mr Butt and “Salem” to shift inwards into the trail with approx. 1000m to run.”
--Rule 869(3)(f) reads as follows.
--“No horseman in any race shall drive improperly.”
--Mr Jones had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Jones also agreed that he understood the Rule and the nature of the charge.
--Mr Ydgren gave evidence and outlined what had happened in this race, and he then called Stipendiary Steward Mr McIntyre to give evidence.
--Mr McIntyre used video coverage and gave evidence to illustrate that with just over a lap to run in this 2000 metres mobile start event, the 2/2 favourite, “Salem” (16) driven by Mr A. M. Butt, made a move around the field and challenged the 1/1 favourite, “Code Red” (1) driven by Mr R. D. Holmes, for the lead. There was a brief speed duel for the lead which continued on for about 100 metres. As a result of this move the field strung out. At that time “Jayee’s Magic” (2), driven by Mr M. P. Jones, was in the trail, and it dropped back 3 – 4 lengths.
--By about the 1000 metre mark Mr Butt had given up trying for the lead, and eased his horse back. He was then able to move into the trail ahead of “Jayee’s Magic”, and this horse then remained three back on the marker line until reaching the final straight. Mr McIntyre pointed out that Mr Jones took no demonstrable action to retain the trail, and that with his experience he should have tried to do so.
--Mr Ydgren said that this charge was brought because it was expected that Mr Jones would have made an effort to retain the trail and thereby increase the chances of his horse finishing in a better placing. Mr Ydgren used the video coverage to show that Mr Jones made no discernible effort to urge his horse forward at the crucial time. It was also submitted that Mr Jones had driven improperly by allowing Mr Butt to take up the trailing position at the expense of his horse, and this could be seen as assisting another runner.
--Mr Jones questioned both Stipendiary Stewards about the racing manners of his horse in this race, especially in relation to it running out. It was agreed that “Jayee’s Magic” had run out about ¾ to one cart width at the time of this incident.
--Mr Jones gave evidence that on leaving the front straight for the last time he was about 3 – 4 lengths behind the pace making “Code Red”, this being brought about when “Salem” challenged “Code Red” for the lead. When travelling around the bend his horse was running out, and he was trying to keep it straight. Mr Jones explained that “Jayee’s Magic” had a rein pricker on its near side, and a “bit pricker”, also on its near side. His horse was inclined to “run away” from this gear, and it was about a cart width off the marker line when “Salem” attempted to move into the trail. He said that he called out to Mr Butt to try and “bluff” him out of moving into the trail.
--Mr Jones emphasised that he was required to keep his horse straight, and as he had horses outside him he could not push it forward at the same time without causing additional problems.
--Mr Jones also said that “Jayee’s Magic” was an average maiden, and that it was not capable of running fast sectionals. When the two leading horses, which he submitted were high class 3 – year – olds, had a contest for the lead he was unable to keep up, and this also applied to most of the following horses. In summary Mr Jones said that his horse was not good enough to retain the trail.
--Mr Jones called Mr D. A. Taylor, the trainer of “Jayee’s Magic”, to give evidence. Mr Taylor said that his horse had problems with steering and that it gets its head round. He said that the horse has got “issues” with its racing manners. After looking at the video coverage of this race he said that when you take hold of him he “gets all over the place”. Mr Taylor agreed that the horse was running out during this incident.
--Mr Jones asked Mr Taylor if “Jayee’s Magic” was capable of coming home in 55.9 [the official time for the last 800 metres of this race] and Mr Taylor said that he was not capable of a time as quick as this.
--Mr Jones also called Mr A. M. Butt, the driver of “Salem”, to give evidence. It was established that Mr Butt had driven “Jayee’s Magic” in two of its starts – at Addington on 24 July 2009, when it finished 2nd, and at Timaru on 13 September 2009 when it finished 3rd.
--Mr Butt said that during his first drive on the horse it went rough when in close quarters. He said he felt he had to go easy on the horse or it might break. Mr Butt also said that he had been forewarned by Mr Taylor that the horse wasn’t much good, and that he needed to be careful with him.
--During his second drive he said he “treated him with kid gloves” because of his previous experience when driving him. On this occasion he was in the one by one and he followed the eventual winner all the way. He said he battled into third and that it was a very average run. Mr Butt also said that he wasn’t game to ask him to go as he needed to be left alone to do his own thing.
--After hearing the evidence we adjourned to consider our decision.
--This charge relates to driving improperly and “improperly” is defined in the Concise Oxford Dictionary as meaning “not in accordance with accepted rules of behaviour”.
--During his evidence Mr Ydgren referred to Rule 1008(a) which provides as follows.
--“1008 In the absence of any express provision to the contrary in any
proceeding for a breach these Rules:-
(a) it shall not be necessary for the informant to prove that the defendant or any person intended to commit that or any breach of the Rule”
We should add that Rule 1008A is also relevant in this case, and that Rule provides that the standard of proof required is on the balance of probabilities, which is the civil standard.
It is well settled that the more serious the charge is, the higher the standard of proof must be. In the present case the charge of improper driving alleges a breach of the accepted code of conduct for horsemen by Mr Jones. It is also relevant that the penalties imposed in the past for a breach of this Rule have been substantial. We regard this breach of the Rules as being serious, and the standard of proof required is therefore higher than in, for example, a charge of careless driving.
--We were satisfied that the evidence was clear that “Jayee’s Magic” was not an easy horse to drive, and in this respect we accepted the evidence from Mr Jones, Mr Taylor, and Mr Butt.
--It was also clear to us that “Jayee’s Magic” was running out at the time of this incident, and continued to do so, to a lesser degree, after entering the back straight. We also accepted that Mr Jones was trying to keep his horse straight, and that it was not reasonable to expect that he would try to urge his horse forward at the same time. We did not accept that Mr Jones “allowed” Mr Butt to take up the trailing position, and rather he was prevented from keeping it by his horse running out.
--Taking into account all of the evidence we were not satisfied that this charge had been proved to the required standard.
--On returning to the Enquiry Room we advised the parties that a full written decision would be given later, and that in that decision we would deal with all the evidence in more detail (see above). Our oral decision was as follows.
--“Having heard the evidence from the parties and the witnesses, we are satisfied that this charge of improper driving is based on Mr Jones’ failure to maintain his position in the trail at about the 1000 metre mark.
--The case for the Stipendiary Stewards was that Mr Jones should have made a discernable effort to remain in the trail, but that he did nothing to urge his horse forward. The video coverage confirms that Mr Jones did not urge his horse forward at the time.
--Mr Jones’ case was that his horse was unable to keep up when “Code Red” and “Salem” had a brief speed duel. When the pace eased Mr Jones said his horse was running out, and that he was doing his best to keep it straight. He also said that it was not possible for him to keep his horse straight, and drive it forward at the same time.
--There was considerable evidence from Mr Jones, Mr Taylor (the trainer), and Mr A. M. Butt, about the characteristics of “Jayee’s Magic”. It is clear to us that this horse has deficiencies as a racehorse and can be difficult to drive.
--We will deal in more detail with the standard of proof in our written decision (see above). This is a serious charge and the standard of proof, the “balance of probabilities” needs to be somewhat higher than for less serious charges under the Rules.
--We find that Mr Jones had good reasons for not driving his horse forward to regain the trail, and we accept his evidence that his horse was running out and he needed to keep it straight.
--For all these reasons we find that there is insufficient evidence to find this charge proved, and it is dismissed.”
----
J. M. Phelan R. G. McKenzie
Chairman Committee Member
67799
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.f, 1008.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8ec24399f4361c5be74832bcbf7bbddf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
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race_km:
race_otherexp:
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race_pm1:
race_pm2:
meetid: 07a039693a1cf0fc44478a9c017d4967
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/09/2009
meet_title: Timaru HRC - 20 September 2009
meet_expappcomment:
meet_km:
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tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair:
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name: Timaru HRC