Tuapeka HRC – 25 October 2009 – Race 9
ID: JCA20508
Hearing Type (Code):
harness-racing
Meet Title:
Tuapeka HRC - 25 October 2009
Race Date:
2009/10/25
Race Number:
Race 9
Decision:
This matter was heard at the Addington Raceway on 30 October 2009.
--Following the running of Race 9, the Tuapeka Transport/Milton Night N Day Mobile Pace, an information was filed by Stipendiary Steward Mr P. T. Knowles against Mr M. P. Kerr the driver of “Red River Reign” (13) alleging that he had committed a breach of Rule 869(3)(b). This matter was adjourned on 25 October 2009 to enable Mr Kerr to call evidence from the trainer of the horse, Mr P. F. Kerr, and the driver of “Nicolass Hanover” (6), Ms A. Laing.
This matter was heard at the Addington Raceway on 30 October 2009.
--Following the running of Race 9, the Tuapeka Transport/Milton Night N Day Mobile Pace, an information was filed by Stipendiary Steward Mr P. T. Knowles against Mr M. P. Kerr the driver of “Red River Reign” (13) alleging that he had committed a breach of Rule 869(3)(b). This matter was adjourned on 25 October 2009 to enable Mr Kerr to call evidence from the trainer of the horse, Mr P. F. Kerr, and the driver of “Nicolass Hanover” (6), Ms A. Laing.
--Chief Stipendiary Steward Mr N. R. Escott conducted this prosecution in the absence of Mr Knowles. Stipendiary Steward Mr N. M. Ydgren was present at the Tuapeka Harness Racing Club’s meeting, and he gave evidence at this hearing. Mr M. P. Kerr is a Junior Horseman, and he was assisted at this hearing by his father, Mr P. F. Kerr.
--The charge reads as follows.
--“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that M. Kerr Jnr drove carelessly with approx. 300m to run when allowing his horse to shift inwards causing interference to Spirit Of Oaks (W. R. Higgs) causing that horse to break.”
--Rule 869(3)(b) reads as follows.
--“No horseman in any race shall drive carelessly.”
--Mr Kerr had indicated on the information that he did not admit this breach
of the Rules, and he confirmed this at the hearing. Mr Kerr also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to illustrate this incident. He said that with about 300 metres to run Mr Kerr was making a forward move and he was pushed four wide when Mr Higgs moved out in front of him. Shortly after Mr Kerr allowed his horse to move inwards and there was contact made, and Mr Higgs’ horse broke and lost its chance. Mr Ydgren pointed out that it was a legitimate move when Mr Higgs moved Mr Kerr four wide, and that, in his opinion, Ms Angela Laing, the driver of Nicolass Hanover” (6), made no contribution to this incident.
--Mr W. E. Higgs gave evidence that he was the driver of “Spirit Of Oaks” (2) and that this was the first time he had driven this horse. He said that when “Red River Reign” went past him he was being gradually tightened, but that the incident was caused when that horse moved in quite sharply. Mr Higgs said that there was contact between the outside of “Red River Reign’s” left wheel and his horse’s right hind leg.
--In answer to questions Mr Higgs said that Mr Kerr appeared to be making every effort to keep his horse straight, and that it was a sharp movement that caused the problem. Mr Higgs also agreed that Mr Kerr had pulled on the right rein to try and keep his horse straight, but that this was at the last minute. Mr Higgs also agreed that Mr Kerr had not tried to “shove him back down”.
There were also questions asked of Mr Higgs about his statement that his horse tends to pace outside the confines of the sulky shafts. Mr Higgs agreed that this trait may have contributed to contact being made.
Mr Kerr gave evidence, and he agreed that he was legitimately pushed four wide by Mr Higgs. He also said that shortly after this incident his horse tended to run in and he gave two or three “tugs” on the right rein in an attempt to correct this movement. Mr Kerr explained that “Red River Reign” wears a “severe” pricker rein on its near side, and that when he was trying to straighten it the horse reacted by running inwards. This is what had caused the incident. Mr Kerr denied that he had driven carelessly.
In cross-examination Mr Ydgren put it to Mr Kerr that at the investigation on the night at Forbury Park, he had stated that Ms Laing, the driver of “Nicolass Hanover”, had contributed to the incident when she allowed her horse to move outwards. Mr Kerr said that this was his original opinion, but after looking at the videos later he accepted that this was not what had happened.
--We adjourned to consider our decision. On returning to the Enquiry Room we advised the parties that a full written decision would be provided later, and we gave the following oral decision.
--“Having heard the evidence, and having seen the video coverage, we are satisfied that with about 300 metres to run there was contact between “Red River Reign”, driven by Mr Kerr, and “Spirit Of Oaks”, driven by Mr Higgs. As a result Mr Higgs’ horse broke and lost its chance.
--Evidence from the Stipendiary Stewards was that Mr Kerr had been moved four wide just prior to this incident, and that shortly afterwards Mr Kerr had allowed his horse to move inwards.
--Mr Kerr gave evidence that he had been moved four wide quite legitimately, but shortly after his horse was inclined to run in. He said he had pulled on the right rein to keep his horse straight, but it had reacted and ran inwards, causing the incident.
--Mr Higgs gave evidence that his horse had been tightened, and that there was contact causing the incident. Mr Higgs also said that the movement by “Red River Reign” that caused the problem was quite sudden.
--We are satisfied that Mr Kerr did try and keep his horse straight by pulling on
the right rein. We are not satisfied that the incident was caused by carelessness on Mr Kerr’s part and the charge is dismissed.”
--
J. M. Phelan R. G. McKenzie
CHAIR Committee Member
67428
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: 9366a1733b076b86d4db27040625f975
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Tuapeka HRC - 25 October 2009 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
This matter was heard at the Addington Raceway on 30 October 2009.
--Following the running of Race 9, the Tuapeka Transport/Milton Night N Day Mobile Pace, an information was filed by Stipendiary Steward Mr P. T. Knowles against Mr M. P. Kerr the driver of “Red River Reign” (13) alleging that he had committed a breach of Rule 869(3)(b). This matter was adjourned on 25 October 2009 to enable Mr Kerr to call evidence from the trainer of the horse, Mr P. F. Kerr, and the driver of “Nicolass Hanover” (6), Ms A. Laing.
This matter was heard at the Addington Raceway on 30 October 2009.
--Following the running of Race 9, the Tuapeka Transport/Milton Night N Day Mobile Pace, an information was filed by Stipendiary Steward Mr P. T. Knowles against Mr M. P. Kerr the driver of “Red River Reign” (13) alleging that he had committed a breach of Rule 869(3)(b). This matter was adjourned on 25 October 2009 to enable Mr Kerr to call evidence from the trainer of the horse, Mr P. F. Kerr, and the driver of “Nicolass Hanover” (6), Ms A. Laing.
--Chief Stipendiary Steward Mr N. R. Escott conducted this prosecution in the absence of Mr Knowles. Stipendiary Steward Mr N. M. Ydgren was present at the Tuapeka Harness Racing Club’s meeting, and he gave evidence at this hearing. Mr M. P. Kerr is a Junior Horseman, and he was assisted at this hearing by his father, Mr P. F. Kerr.
--The charge reads as follows.
--“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that M. Kerr Jnr drove carelessly with approx. 300m to run when allowing his horse to shift inwards causing interference to Spirit Of Oaks (W. R. Higgs) causing that horse to break.”
--Rule 869(3)(b) reads as follows.
--“No horseman in any race shall drive carelessly.”
--Mr Kerr had indicated on the information that he did not admit this breach
of the Rules, and he confirmed this at the hearing. Mr Kerr also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to illustrate this incident. He said that with about 300 metres to run Mr Kerr was making a forward move and he was pushed four wide when Mr Higgs moved out in front of him. Shortly after Mr Kerr allowed his horse to move inwards and there was contact made, and Mr Higgs’ horse broke and lost its chance. Mr Ydgren pointed out that it was a legitimate move when Mr Higgs moved Mr Kerr four wide, and that, in his opinion, Ms Angela Laing, the driver of Nicolass Hanover” (6), made no contribution to this incident.
--Mr W. E. Higgs gave evidence that he was the driver of “Spirit Of Oaks” (2) and that this was the first time he had driven this horse. He said that when “Red River Reign” went past him he was being gradually tightened, but that the incident was caused when that horse moved in quite sharply. Mr Higgs said that there was contact between the outside of “Red River Reign’s” left wheel and his horse’s right hind leg.
--In answer to questions Mr Higgs said that Mr Kerr appeared to be making every effort to keep his horse straight, and that it was a sharp movement that caused the problem. Mr Higgs also agreed that Mr Kerr had pulled on the right rein to try and keep his horse straight, but that this was at the last minute. Mr Higgs also agreed that Mr Kerr had not tried to “shove him back down”.
There were also questions asked of Mr Higgs about his statement that his horse tends to pace outside the confines of the sulky shafts. Mr Higgs agreed that this trait may have contributed to contact being made.
Mr Kerr gave evidence, and he agreed that he was legitimately pushed four wide by Mr Higgs. He also said that shortly after this incident his horse tended to run in and he gave two or three “tugs” on the right rein in an attempt to correct this movement. Mr Kerr explained that “Red River Reign” wears a “severe” pricker rein on its near side, and that when he was trying to straighten it the horse reacted by running inwards. This is what had caused the incident. Mr Kerr denied that he had driven carelessly.
In cross-examination Mr Ydgren put it to Mr Kerr that at the investigation on the night at Forbury Park, he had stated that Ms Laing, the driver of “Nicolass Hanover”, had contributed to the incident when she allowed her horse to move outwards. Mr Kerr said that this was his original opinion, but after looking at the videos later he accepted that this was not what had happened.
--We adjourned to consider our decision. On returning to the Enquiry Room we advised the parties that a full written decision would be provided later, and we gave the following oral decision.
--“Having heard the evidence, and having seen the video coverage, we are satisfied that with about 300 metres to run there was contact between “Red River Reign”, driven by Mr Kerr, and “Spirit Of Oaks”, driven by Mr Higgs. As a result Mr Higgs’ horse broke and lost its chance.
--Evidence from the Stipendiary Stewards was that Mr Kerr had been moved four wide just prior to this incident, and that shortly afterwards Mr Kerr had allowed his horse to move inwards.
--Mr Kerr gave evidence that he had been moved four wide quite legitimately, but shortly after his horse was inclined to run in. He said he had pulled on the right rein to keep his horse straight, but it had reacted and ran inwards, causing the incident.
--Mr Higgs gave evidence that his horse had been tightened, and that there was contact causing the incident. Mr Higgs also said that the movement by “Red River Reign” that caused the problem was quite sudden.
--We are satisfied that Mr Kerr did try and keep his horse straight by pulling on
the right rein. We are not satisfied that the incident was caused by carelessness on Mr Kerr’s part and the charge is dismissed.”
--
J. M. Phelan R. G. McKenzie
CHAIR Committee Member
67428
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bec352d5030e6f312be578bf25958414
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0deedf267c978b99d465fcca9b71cf0b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/10/2009
meet_title: Tuapeka HRC - 25 October 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: tuapeka-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Tuapeka HRC