Waimate TC 24 March 2019 – R 2 – Chair, Mr D Anderson
ID: JCA12652
Meet Title:
Waimate TC - 24 March 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
PKnowles
Race Date:
2019/03/24
Race Number:
R 2
Decision:
The charge was found proved.
Penalty:
Mr Munro’s licence to drive is suspended from after racing on the 31st March up to and including racing at Rangiora on the 7th April. Meetings encompassed in this suspension are:
Forbury Park 4th April
Addington 5th April
Rangiora 7th April 2019.
Facts:
Following the running of Race 2, THE TYRE GENERAL PACE, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Driver B Munro, alleging that, as the driver of SHERRY BABY he “drove carelessly near the 100 metres when shifting outwards checking ULTIMATE SWIFT (D Keast) which broke.”
Mr Munro confirmed that he understood the rule he was being charged with and indicated that he did not admit the breach.
Rule 869 provides as follows:
(2) No horseman in any race shall drive: -
(b) carelessly
Submissions for Decision:
Mr Renault, using two angles of race films, pointed to Mr Munro (SHERRY BABY) two or three wide in mid-field approaching the 200 metres. He showed that at this point ULTIMATE SWIFT (D Keast) was on his outside. As Mr Munro began to shifted outwards Mr Keast was seen to take hold of his horse and as this shift continued, galloped losing his chance. Mr Renault said Mr Munro had not taken the necessary care when moving outwards and had either touched or gone very close, resulting in ULTIMATE SWIFT galloping.
Mr Renault called Mr Keast to give evidence and asked him to give an account of the incident. Mr Keast stated that there was no contact between the two horses and the reason for his horse galloping was that it was getting down on her bumpers. He used the film to point to the start of the race where his horse could be seen to pace roughly for a few strides approximately 50 metres after the start. He contended that he knew his horse was feeling its bumpers at this early stage and this combined with a blind that had come loose 50 metres prior to the home straight incident, was the reason his horse had galloped.
Mr Munro started his defence by reiterating that there was no contact between the two runners. He said there was a general outward shift in the straight and he could see Mr Keast was on a tiring runner and felt he had enough room to manoeuvre into the gap.
The Committee asked Mr Munro to confirm again that there was no contact made between the two runners, as the Committee’s interpretation of the video was that there clearly was.
Mr Munro maintained his opinion.
Reasons for Decision:
The Committee carefully considered all the evidence given and closely studied the available films. We found the explanations given by Mr Munro and Mr Keast were not consistent and conflicted with the video evidence put before the Committee. We were satisfied Mr Munro’s manoeuvre was the sole reason for ULTIMATE SWIFT to gallop at approximately 100 metres from the finish.
The Rule demands that any shifting of ground is to be carried out with care and in this instance Mr Munro has clearly been careless.
Submissions for Penalty:
Mr Renault said that Mr Munro has had 23 drives this season and has a clear record under this rule for the past 12 months. He said the penalty guide has a starting point of a 10-drive suspension or a $500 fine. Mr Renault said the Stewards would be seeking a suspension in this case and considered a 3-day suspension would be appropriate.
Mr Munro had no submissions to make on penalty.
Deferment was discussed and Mr Munro stated he had confirmed drives in the upcoming week.
Reasons for Penalty:
In determining penalty, the Committee have adopted the JCA Penalty Guide starting point of a 10-drive suspension or a $500 fine. We considered all the aggravating and mitigating factors and determined that a 3-day suspension was an appropriate penalty in this case.
The request for deferment by Mr Munro was granted.
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: 445b7f1c91d497aaf8eb291fd754a07a
informantnumber: A12427
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 27/03/2019
hearing_title: Waimate TC 24 March 2019 - R 2 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 2, THE TYRE GENERAL PACE, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Driver B Munro, alleging that, as the driver of SHERRY BABY he “drove carelessly near the 100 metres when shifting outwards checking ULTIMATE SWIFT (D Keast) which broke.”
Mr Munro confirmed that he understood the rule he was being charged with and indicated that he did not admit the breach.
Rule 869 provides as follows:
(2) No horseman in any race shall drive: -
(b) carelessly
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault, using two angles of race films, pointed to Mr Munro (SHERRY BABY) two or three wide in mid-field approaching the 200 metres. He showed that at this point ULTIMATE SWIFT (D Keast) was on his outside. As Mr Munro began to shifted outwards Mr Keast was seen to take hold of his horse and as this shift continued, galloped losing his chance. Mr Renault said Mr Munro had not taken the necessary care when moving outwards and had either touched or gone very close, resulting in ULTIMATE SWIFT galloping.
Mr Renault called Mr Keast to give evidence and asked him to give an account of the incident. Mr Keast stated that there was no contact between the two horses and the reason for his horse galloping was that it was getting down on her bumpers. He used the film to point to the start of the race where his horse could be seen to pace roughly for a few strides approximately 50 metres after the start. He contended that he knew his horse was feeling its bumpers at this early stage and this combined with a blind that had come loose 50 metres prior to the home straight incident, was the reason his horse had galloped.
Mr Munro started his defence by reiterating that there was no contact between the two runners. He said there was a general outward shift in the straight and he could see Mr Keast was on a tiring runner and felt he had enough room to manoeuvre into the gap.
The Committee asked Mr Munro to confirm again that there was no contact made between the two runners, as the Committee’s interpretation of the video was that there clearly was.
Mr Munro maintained his opinion.
reasonsfordecision:
The Committee carefully considered all the evidence given and closely studied the available films. We found the explanations given by Mr Munro and Mr Keast were not consistent and conflicted with the video evidence put before the Committee. We were satisfied Mr Munro’s manoeuvre was the sole reason for ULTIMATE SWIFT to gallop at approximately 100 metres from the finish.
The Rule demands that any shifting of ground is to be carried out with care and in this instance Mr Munro has clearly been careless.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault said that Mr Munro has had 23 drives this season and has a clear record under this rule for the past 12 months. He said the penalty guide has a starting point of a 10-drive suspension or a $500 fine. Mr Renault said the Stewards would be seeking a suspension in this case and considered a 3-day suspension would be appropriate.
Mr Munro had no submissions to make on penalty.
Deferment was discussed and Mr Munro stated he had confirmed drives in the upcoming week.
reasonsforpenalty:
In determining penalty, the Committee have adopted the JCA Penalty Guide starting point of a 10-drive suspension or a $500 fine. We considered all the aggravating and mitigating factors and determined that a 3-day suspension was an appropriate penalty in this case.
The request for deferment by Mr Munro was granted.
penalty:
Mr Munro’s licence to drive is suspended from after racing on the 31st March up to and including racing at Rangiora on the 7th April. Meetings encompassed in this suspension are:
Forbury Park 4th April
Addington 5th April
Rangiora 7th April 2019.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr B Munro - Open Driver
Otherperson: Mr D Keast - Junior Driver, Mr N McIntyre - Chairman of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: 09ce2e9c53aa0e7b0702bdb74553ffda
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e7af3b5cb7463a1c461cdc80b4e36d1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/03/2019
meet_title: Waimate TC - 24 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waimate-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: PKnowles
meet_pm2: none
name: Waimate TC