Winton HRC 28 September 2017 – R 3 – Chair, Prof G Hall
ID: JCA17387
Meet Title:
Winton HRC - 28 September 2017
Meet Chair:
GHall
Meet Committee Member 1:
VMUnro
Meet Committee Member 2:
MConway
Race Date:
2017/09/28
Race Number:
R 3
Decision:
As the respondent has admitted the breach, it is found to be proved.
Penalty:
Mr Franks is fined $300 and is reminded of his obligations under the Rules of Harness Racing.
Facts:
Following the running of race 3 the Macca Lodge Trot, Mr S Wallis lodged an information alleging Mr Franks drove carelessly on the final bend when allowing PHOEBE FLYER to improve into a gap that did not exist, resulting in his horse locking wheels and losing all momentum.
Mr Franks admitted the breach and was present at the hearing.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Wallis using various angles of video footage, identified Mr Franks (PHOEBE FLYER) racing in the trailing position entering the final bend, around the 600 metre mark. The leading horse OUR BUDD started to weaken and gave ground at this point in the race. Mr Franks attempted to push out from the trailing position and, in order to give Mr Franks room, Mr Suddaby (OUR BUDD) went over the marker pegs.
Mr Franks and Mr Suddaby locked wheels, which forced Mr Suddaby to go inside the marker pegs and then, when attempting to get back on to the track, Mr Suddaby hit a marker peg and his horse galloped.
Mr Wallis stated he “sympathised” with Mr Franks’ bad luck but there was no gap and the respondent should have waited until a gap opened for a run.
Mr Franks stated that he thought there was enough room to get out. His horse was going well and until this point he had had a good run. When questioned by the Committee, Mr Franks confirmed that there was no yelling by any horseman.
Submissions for Penalty:
Mr Wallis stated that Mr Franks did not drive often and usually drove his own horses. He has had 224 lifetime drives, 15 last season and 21 the season before, with 4 drives so far this season. He further stated that Mr Franks has a clean record.
Mr Wallis submitted that a fine of around $300 was appropriate. He noted that the breach did not affect any other horse.
Mr Franks stated that he had one horse in work, which he drove. He had had a clean record for at least 10 years.
Reasons for Penalty:
Mr Franks was following the leading horse, OUR BUDD, when that horse gave ground. Finding he was being forced back, after having a good run in the trail, Mr Franks pushed out and endeavoured to make a gap for himself outside OUR BUDD. There was never a gap for Mr Franks as there was always a horse in the one out line. Consequently, Mr Suddaby had to shift inwards inside the markers to make room for Mr Franks. Despite the efforts of Mr Suddaby, the sulkies came into contact with the wheels locking briefly. Mr Suddaby was forced inside the markers and his horse then galloped.
We take a starting point of $500. We do not increase this despite our finding that the breach is to the high end of mid range. The personal mitigating factors are the respondent’s admission of the breach and his good record over a lengthy time, although this is tempered somewhat by the infrequency with which he drives.
JCA Decision Fields (raw)
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hearingid: dd593cb9db798e46bb92bb42cffb0c8b
informantnumber: A9576
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 02/10/2017
hearing_title: Winton HRC 28 September 2017 - R 3 - Chair, Prof G Hall
charge:
facts:
Following the running of race 3 the Macca Lodge Trot, Mr S Wallis lodged an information alleging Mr Franks drove carelessly on the final bend when allowing PHOEBE FLYER to improve into a gap that did not exist, resulting in his horse locking wheels and losing all momentum.
Mr Franks admitted the breach and was present at the hearing.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Wallis using various angles of video footage, identified Mr Franks (PHOEBE FLYER) racing in the trailing position entering the final bend, around the 600 metre mark. The leading horse OUR BUDD started to weaken and gave ground at this point in the race. Mr Franks attempted to push out from the trailing position and, in order to give Mr Franks room, Mr Suddaby (OUR BUDD) went over the marker pegs.
Mr Franks and Mr Suddaby locked wheels, which forced Mr Suddaby to go inside the marker pegs and then, when attempting to get back on to the track, Mr Suddaby hit a marker peg and his horse galloped.
Mr Wallis stated he “sympathised” with Mr Franks’ bad luck but there was no gap and the respondent should have waited until a gap opened for a run.
Mr Franks stated that he thought there was enough room to get out. His horse was going well and until this point he had had a good run. When questioned by the Committee, Mr Franks confirmed that there was no yelling by any horseman.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the respondent has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Wallis stated that Mr Franks did not drive often and usually drove his own horses. He has had 224 lifetime drives, 15 last season and 21 the season before, with 4 drives so far this season. He further stated that Mr Franks has a clean record.
Mr Wallis submitted that a fine of around $300 was appropriate. He noted that the breach did not affect any other horse.
Mr Franks stated that he had one horse in work, which he drove. He had had a clean record for at least 10 years.
reasonsforpenalty:
Mr Franks was following the leading horse, OUR BUDD, when that horse gave ground. Finding he was being forced back, after having a good run in the trail, Mr Franks pushed out and endeavoured to make a gap for himself outside OUR BUDD. There was never a gap for Mr Franks as there was always a horse in the one out line. Consequently, Mr Suddaby had to shift inwards inside the markers to make room for Mr Franks. Despite the efforts of Mr Suddaby, the sulkies came into contact with the wheels locking briefly. Mr Suddaby was forced inside the markers and his horse then galloped.
We take a starting point of $500. We do not increase this despite our finding that the breach is to the high end of mid range. The personal mitigating factors are the respondent’s admission of the breach and his good record over a lengthy time, although this is tempered somewhat by the infrequency with which he drives.
penalty:
Mr Franks is fined $300 and is reminded of his obligations under the Rules of Harness Racing.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr K Franks - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f379eff7bb6861d1b03fd1f6c47c5507
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5dda9f41682b9995e83b5020de3734b6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/09/2017
meet_title: Winton HRC - 28 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: VMUnro
meet_pm2: MConway
name: Winton HRC