Waikouaiti HRC – 19 February 2006 –

hearingid: bad4f3f7b87f17e9fc7856ed17914c24

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startdate: 19/02/2006

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hearing_title: Waikouaiti HRC - 19 February 2006 -

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Mr Armour, Mr Allison alleges that you drove carelessly in race 5 at Invercargill on 4 February last. You originally admitted the breach but after viewing the videos changed your plea to not guilty.

Mr Armour, Mr Allison alleges that you drove carelessly in race 5 at Invercargill on 4 February last. You originally admitted the breach but after viewing the videos changed your plea to not guilty. As the driver of one of the affected horses, Mr Renault, had left the course, and as Mr Allison wished to call him as a witness, the hearing was adjourned. Mr Armour has continued to deny the breach at the hearing today.

Mr Allison called Mr Knowles who demonstrated on 3 video angles that Mr Armour when making a forward move around the field, and when 5 wide, had come in when not sufficiently clear and checked Mr Renault who was 4 wide. Mr Allison also called Mr Renault who stated that Mr Armour had come across when not clear of his horse and Mr Armour's cart had made contact with the leg of his horse.

Mr Armour in his defence demonstrated that Mr Renault's horse had its head on the side prior to the incident. He alleged it was hanging and that outward movement from that horse had contributed to the incident. Mr Renault acknowledged that his horse's head was to the side but said it was "under his complete control" at the time and he never left the 4 wide line. Mr Armour said the video immediately after the incident showed he was still 5 wide.

In finding the charge proved, we note Mr Armour has accepted that he may have moved in slightly. There is no evidence either from Mr Renault or from the videos to the effect that Mr Renault has moved out as Mr Armour has suggested. The last video shot immediately prior to the incident, and as the horses pan out of shot, shows Mr Renault's wheel immediately alongside and hard-up against the horse on his inner.

None of the videos are conclusive, and we do not find the shot of the horses after the incident has occurred to be of assistance. However, Mr Renault was unwavering in his evidence that he had not moved out from the 4 wide line. While the movement from Mr Armour appears not to be great, he has come across when not sufficiently clear and has come into contact with the leg of Mr Renault's horse. We thus find the charge of careless driving proved.

Mr Allison has asked for a fine in the range of $250 to $300. Mr Armour has asked that it be around $200, citing recent breaches at Invercargill that had resulted in that penalty. While we accept that the movement in by Mr Armour was not great, it was nonetheless enough to cause contact and for the chances of 2 horses to be extinguished as a consequence. In light of the inconclusive videos and Mr Renault's horse's head being on the side, we can understand why Mr Armour put the stipendiary steward to proof of the charge. Taking into account also Mr Armour's excellent record, we accept that matter can be dealt with by way of a fine. We impose a fine of $250 and remind Mr Armour of his obligations when progressing around the field.

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