Wairarapa HRC 8 February 2011 – R 6
ID: JCA17524
Meet Title:
Wairarapa HRC - 8 February 2011
Meet Chair:
TCastles
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/02/08
Race Number:
R 6
Decision:
Charge:
Alledging breach of 869 (4)
Facts:
S. McMullan did not admit a breach of rule 869 (4) in that as the driver of Little Miss Priss he drove in a manner likely to cause interference when he moved his horse out, locking wheels or stays with Rangatiki Rosie (P. Ferguson) with resultant checks to Arodaz (G. Gillies) and Seelstars Blue Chip (B. Mangos) with approximately 475 metres to run. Mr. McMullan being a junior driver was represented by senior horseman P. Ferguson.
Submissions for Decision:
Mr. McIntyre, using the available films, pointed out the alleged incident. He informed the committee that Mr. Ferguson was travelling 3 wide and Mr. McMullan was on his inside.
Mr. McMullan angled out and locked sulky wheels with Mr. Ferguson, causing both Mr. Gillies and Mr. Mangos to check. He believed that he was entitled to shift out, there was a gap, but he was not permitted under the rule to cause interference. The horses were racing in tight quarters. Mr. Fergusson, the driver of Rangatiki Rosie, representing Mr. McMullan, informed the committee that he agreed Mr. McMullan was entitled to take the gap which was presented. The track was slushy and at that point of the race he had mud on his goggles. He asked to view the available films again and pointed out to the committee that Janerima driven by M. Hickey who at that point of the race was leading, came off his line and took Mr. McMullan's line as he angled out into the gap.
The resulting locking of wheels and the interference that followed he believed was the result of that movement. He asked the committee to take into account also that the incident happened on the point of the bend and all horses involved were racing in tight quarters.
Mr. McIntyre did not agree that the slight movement attributed to Mr. Hickey’s drive contributed to the incident.
Reasons for Decision:
We have carefully considered the available films and the well presented evidence from both parties.
There is no doubt that even though the horses concerned were racing in tight quarters, Mr. McMullan was entitled to take the gap presented on the inside of Mr. Ferguson.
All of the available films confirm that interference occurred at an important part of the race after the locking of wheels. The cause of that interference is what we have to address.
We are satisfied that there was movement of his line by Mr. Hickey’s drive, albeit slight.
We have carefully considered to what degree the movement of Mr. Hickeys drive contributed to the incident. We are of the opinion that even though the movement was slight, it did play a part in taking Mr. McMullan's line at the time he angled his drive into the gap. The horses behind Mr. Hickey’s drive were all travelling well looking to angle out, and the resulting interference happened after the locking of the sulky wheels.
Rule 869 (4) states “drove in a manner likely to cause interference”. All parties agreed that Mr. McMullan was perfectly entitled to mount his run and angle into the gap. Doubt exists in the committee's minds on whether Mr. McMullans did drive in a manner likely to cause interference.
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: ed3eae6781d28334a141ba42c57da9ea
informantnumber: 69414
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 09/02/2011
hearing_title: Wairarapa HRC 8 February 2011 - R 6
charge:
Alledging breach of 869 (4)
facts:
S. McMullan did not admit a breach of rule 869 (4) in that as the driver of Little Miss Priss he drove in a manner likely to cause interference when he moved his horse out, locking wheels or stays with Rangatiki Rosie (P. Ferguson) with resultant checks to Arodaz (G. Gillies) and Seelstars Blue Chip (B. Mangos) with approximately 475 metres to run. Mr. McMullan being a junior driver was represented by senior horseman P. Ferguson.
appealdecision:
isappeal:
submissionsfordecision:
Mr. McIntyre, using the available films, pointed out the alleged incident. He informed the committee that Mr. Ferguson was travelling 3 wide and Mr. McMullan was on his inside.
Mr. McMullan angled out and locked sulky wheels with Mr. Ferguson, causing both Mr. Gillies and Mr. Mangos to check. He believed that he was entitled to shift out, there was a gap, but he was not permitted under the rule to cause interference. The horses were racing in tight quarters. Mr. Fergusson, the driver of Rangatiki Rosie, representing Mr. McMullan, informed the committee that he agreed Mr. McMullan was entitled to take the gap which was presented. The track was slushy and at that point of the race he had mud on his goggles. He asked to view the available films again and pointed out to the committee that Janerima driven by M. Hickey who at that point of the race was leading, came off his line and took Mr. McMullan's line as he angled out into the gap.
The resulting locking of wheels and the interference that followed he believed was the result of that movement. He asked the committee to take into account also that the incident happened on the point of the bend and all horses involved were racing in tight quarters.
Mr. McIntyre did not agree that the slight movement attributed to Mr. Hickey’s drive contributed to the incident.
reasonsfordecision:
We have carefully considered the available films and the well presented evidence from both parties.
There is no doubt that even though the horses concerned were racing in tight quarters, Mr. McMullan was entitled to take the gap presented on the inside of Mr. Ferguson.
All of the available films confirm that interference occurred at an important part of the race after the locking of wheels. The cause of that interference is what we have to address.
We are satisfied that there was movement of his line by Mr. Hickey’s drive, albeit slight.
We have carefully considered to what degree the movement of Mr. Hickeys drive contributed to the incident. We are of the opinion that even though the movement was slight, it did play a part in taking Mr. McMullan's line at the time he angled his drive into the gap. The horses behind Mr. Hickey’s drive were all travelling well looking to angle out, and the resulting interference happened after the locking of the sulky wheels.
Rule 869 (4) states “drove in a manner likely to cause interference”. All parties agreed that Mr. McMullan was perfectly entitled to mount his run and angle into the gap. Doubt exists in the committee's minds on whether Mr. McMullans did drive in a manner likely to cause interference.
Decision:
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869 (4)
Informant: Mr. N. McIntyre
JockeysandTrainer: S. McMullan
Otherperson: Mr. P. Ferguson - assisting Mr McMullan
PersonPresent:
Respondent:
StipendSteward:
raceid: 75b5266e81cd9eeb659cfcbf1734b410
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4208b98ee4819b3c6919948e41e1566c
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/02/2011
meet_title: Wairarapa HRC - 8 February 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TCastles", "Member": "", "OtherExpenses": "0", "KMs": "206", "Total": "127.72", "kmprice": 127.72, "Approved": "on"}]
meet_otherexp:
tracklocation: wairarapa-hrc
meet_racingtype: harness-racing
meet_chair: TCastles
meet_pm1: NMcCutcheon
meet_pm2: none
name: Wairarapa HRC