Wairio TC 14 October 2012 – R 4
ID: JCA14238
Meet Title:
Wairio TC - 14 October 2012
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2012/10/14
Race Number:
R4
Decision:
We find the charge proved.
Penalty:
The gravity of the breach can be met with a fine of $225, which we believe is sufficient to hold Mr Clark accountable for his actions.
Charge:
Mr Allison alleged that with approximately 600 metres to run Mr Clark (SUNNIVUE IMPULSE) shifted ground outwards checking Mr Beck (MUM BEAT LYALL), which broke.
Facts:
Mr Allison demonstrated on the videos that with some 600 metres to race, and as the horses were leaving the back straight, Mr Clark, who was positioned on the inner near the rear of the field, shifted ground outwards.
Submissions for Decision:
Mr Allison said at the time of Mr Clark's outwards manoeuvre he was not clear of Mr Beck who was left with nowhere to go. Mr Beck’s horse broke and galloped out of the race. He demonstrated on the videos that, in his view, Mr Beck had established his position outside Mr Clark before Mr Clark shifted ground outwards.
Mr Beck gave evidence that the legs of his horse were outside Mr Clark’s wheel for a couple of strides when Mr Clark came out. He said he was squeezed and there was contact. He had to grab hold of his horse, which then galloped. He said he had no room to go anywhere as Mr Williams was on his outside. He said he did not believe Mr Williams had contributed to the incident.
Mr Clark said he believed he had moved outwards some 30 metres before Mr Beck had established himself outside SUNNIVUE IMPULSE. He endeavoured to demonstrate this on the videos but all were in agreement that they were inconclusive as to when Mr Clark started his outwards movement. Mr Clark also stated that Mr Jones, driving THE REAL MCGUIRE, had moved outwards immediately prior to his moving and that this had been a reason for his moving wider on the track. He added that he believed Mr Beck had had ample time to take hold of MUM BEAT LYALL.
Reasons for Decision:
Mr Beck’s evidence is clear. It is to the effect that he was established outside Mr Clark when Mr Clark shifted out. We believe his description of Mr Clark moving just a couple of strides too late is accurate. The video angles do not clearly establish when Mr Clark moved wider on the track. Mr Clark states that he had established his position before Mr Beck progressed forward and eventually broke when his horse was squeezed. Mr Beck states the legs of his horse were up outside Mr Clark’s wheel when he had to grab hold of his horse.
From our repeated viewing of the videos and, giving weight to Mr Beck’s evidence, we believe Mr Clark has shifted out when not sufficiently clear of MUM BEAT LYALL. We add we accept Mr Clark’s submission that Mr Jones has rolled out slightly but we do believe that this has contributed to the incident.
Submissions for Penalty:
Mr Allison has described the breach as at the lower end of the scale. Mr Clark, in his view, has moved outwards slightly late. The horses involved in the incident, he noted, were both at the rear of the field at the time. He produced Mr Clark’s record, which was clear for the past 12 months. In that time he had had over 50 drives. This was, he said, a very good record and he submitted a fine at the lower end of the scale was appropriate.
Mr Clark did not disagree with Mr Allison’s assessment of the gravity of the breach. Mr Clark accepted that a fine was appropriate and indicated he did not wish us to impose a suspension.
Reasons for Penalty:
We are satisfied the breach is indeed lower end. Mr Clark has moved out a fraction too late. The consequence was, however, that the chances of MUM BEAT LYALL, which was racing at the rear of the field, were extinguished when that horse broke. Mr Clark’s record is excellent and we accept that his was not a hopeless defence to the charge.
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: ac211083b099404dc229b9d25fbee4da
informantnumber: 1319
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 04/10/2012
hearing_title: Wairio TC 14 October 2012 - R 4
charge:
Mr Allison alleged that with approximately 600 metres to run Mr Clark (SUNNIVUE IMPULSE) shifted ground outwards checking Mr Beck (MUM BEAT LYALL), which broke.
facts:
Mr Allison demonstrated on the videos that with some 600 metres to race, and as the horses were leaving the back straight, Mr Clark, who was positioned on the inner near the rear of the field, shifted ground outwards.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison said at the time of Mr Clark's outwards manoeuvre he was not clear of Mr Beck who was left with nowhere to go. Mr Beck’s horse broke and galloped out of the race. He demonstrated on the videos that, in his view, Mr Beck had established his position outside Mr Clark before Mr Clark shifted ground outwards.
Mr Beck gave evidence that the legs of his horse were outside Mr Clark’s wheel for a couple of strides when Mr Clark came out. He said he was squeezed and there was contact. He had to grab hold of his horse, which then galloped. He said he had no room to go anywhere as Mr Williams was on his outside. He said he did not believe Mr Williams had contributed to the incident.
Mr Clark said he believed he had moved outwards some 30 metres before Mr Beck had established himself outside SUNNIVUE IMPULSE. He endeavoured to demonstrate this on the videos but all were in agreement that they were inconclusive as to when Mr Clark started his outwards movement. Mr Clark also stated that Mr Jones, driving THE REAL MCGUIRE, had moved outwards immediately prior to his moving and that this had been a reason for his moving wider on the track. He added that he believed Mr Beck had had ample time to take hold of MUM BEAT LYALL.
reasonsfordecision:
Mr Beck’s evidence is clear. It is to the effect that he was established outside Mr Clark when Mr Clark shifted out. We believe his description of Mr Clark moving just a couple of strides too late is accurate. The video angles do not clearly establish when Mr Clark moved wider on the track. Mr Clark states that he had established his position before Mr Beck progressed forward and eventually broke when his horse was squeezed. Mr Beck states the legs of his horse were up outside Mr Clark’s wheel when he had to grab hold of his horse.
From our repeated viewing of the videos and, giving weight to Mr Beck’s evidence, we believe Mr Clark has shifted out when not sufficiently clear of MUM BEAT LYALL. We add we accept Mr Clark’s submission that Mr Jones has rolled out slightly but we do believe that this has contributed to the incident.
Decision:
We find the charge proved.
sumissionsforpenalty:
Mr Allison has described the breach as at the lower end of the scale. Mr Clark, in his view, has moved outwards slightly late. The horses involved in the incident, he noted, were both at the rear of the field at the time. He produced Mr Clark’s record, which was clear for the past 12 months. In that time he had had over 50 drives. This was, he said, a very good record and he submitted a fine at the lower end of the scale was appropriate.
Mr Clark did not disagree with Mr Allison’s assessment of the gravity of the breach. Mr Clark accepted that a fine was appropriate and indicated he did not wish us to impose a suspension.
reasonsforpenalty:
We are satisfied the breach is indeed lower end. Mr Clark has moved out a fraction too late. The consequence was, however, that the chances of MUM BEAT LYALL, which was racing at the rear of the field, were extinguished when that horse broke. Mr Clark’s record is excellent and we accept that his was not a hopeless defence to the charge.
penalty:
The gravity of the breach can be met with a fine of $225, which we believe is sufficient to hold Mr Clark accountable for his actions.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison, Stipendiary Steward
JockeysandTrainer: Mr A Clark, Open Horseman
Otherperson: Mr Beck - Driver of MUM BEAT LYALL
PersonPresent:
Respondent:
StipendSteward:
raceid: 36fbc6d1cd7a49c356182ddfa81dde70
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 39c5d8159d1657cb71042e375729bb63
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/10/2012
meet_title: Wairio TC - 14 October 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Wairio TC