Winton HRC – 29 December 2010 – R10
ID: JCA15008
Meet Title:
Winton HRC - 29 December 2010
Meet Chair:
Ghall
Meet Committee Member 1:
ADennis
Race Date:
2010/12/29
Race Number:
R10
Decision:
The charge of careless driving is dismissed.
Charge:
Mr McIntyre, stipendiary steward, alleged that near the 350 metres Mr J Cox, driving JAMIE’S BOY, drove carelessly when he allowed that horse to shift in onto HOLLY PATRON (Mr McLellan) resulting in HOLLY PATRON breaking and locking wheels with HARDIE BROMAC, with Mr McLellan being dislodged.
Facts:
The evidence from the earlier protest was accepted with the consent of both parties.
Submissions for Decision:
Mr McIntyre stated that in allowing JAMIE’S BOY to shift in when pulling the ear-plugs, the defendant had driven JAMIE’S BOY without due care and attention. He said the horse’s movement was not abrupt, that the defendant should not have pulled the plugs on the apex on the bend when he knew the horse was hanging out, and that the defendant had not had the required control of his horse. He said it was an error of judgment by the defendant and that he should have waited until entering the straight before pulling the plugs.
Mr Cox said his horse was hanging out during the race and was running out when rounding the bend. It was still running out when he pulled the plugs, and the horse straightened the moment they were pulled. He said he had not expected the horse to drop the bit when he went to pull the plugs. He was aware Mr McLellan was yelling but he had the plugs in his hand and by the time his hand went back to the reins, it was too late. He had already come into contact with HOLLY PATRON. He concluded by saying he did have control of his horse when it was hanging out, and was a victim of circumstances in that the horse dropped the bit at just the wrong time, and that he was not a careless driver. He said the horse was at fault.
Reasons for Decision:
We are of the view that the responsibility for the interference suffered by HOLLY PATRON was primarily due to the racing manners of JAMIE’S BOY. In particular, we note the horse had been hanging out throughout the race and, when the defendant pulled the ear-plugs, the horse straightened and came into contact with HOLLY PATRON. We believe this is a more accurate description of events than stating the defendant had allowed JAMIE’S BOY to drift in. It was unfortunate that the horse straightened momentarily at this very time, with the consequence that HOLLY PATRON was squeezed for room and fell after locking wheels.
We accept Mr McIntyre’s submission that the defendant has responsibility for steering his horse, however, we believe he was controlling in an effective manner a horse that was proving difficult to drive, due to its hanging out. We do not believe he was negligent in pulling the ear-plugs at the time that he did.
JCA Decision Fields (raw)
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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: 99a51a5be8b6d8f2b87a91904530aeca
informantnumber: 69390
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 31/12/2010
hearing_title: Winton HRC - 29 December 2010 - R10
charge:
Mr McIntyre, stipendiary steward, alleged that near the 350 metres Mr J Cox, driving JAMIE’S BOY, drove carelessly when he allowed that horse to shift in onto HOLLY PATRON (Mr McLellan) resulting in HOLLY PATRON breaking and locking wheels with HARDIE BROMAC, with Mr McLellan being dislodged.
facts:
The evidence from the earlier protest was accepted with the consent of both parties.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre stated that in allowing JAMIE’S BOY to shift in when pulling the ear-plugs, the defendant had driven JAMIE’S BOY without due care and attention. He said the horse’s movement was not abrupt, that the defendant should not have pulled the plugs on the apex on the bend when he knew the horse was hanging out, and that the defendant had not had the required control of his horse. He said it was an error of judgment by the defendant and that he should have waited until entering the straight before pulling the plugs.
Mr Cox said his horse was hanging out during the race and was running out when rounding the bend. It was still running out when he pulled the plugs, and the horse straightened the moment they were pulled. He said he had not expected the horse to drop the bit when he went to pull the plugs. He was aware Mr McLellan was yelling but he had the plugs in his hand and by the time his hand went back to the reins, it was too late. He had already come into contact with HOLLY PATRON. He concluded by saying he did have control of his horse when it was hanging out, and was a victim of circumstances in that the horse dropped the bit at just the wrong time, and that he was not a careless driver. He said the horse was at fault.
reasonsfordecision:
We are of the view that the responsibility for the interference suffered by HOLLY PATRON was primarily due to the racing manners of JAMIE’S BOY. In particular, we note the horse had been hanging out throughout the race and, when the defendant pulled the ear-plugs, the horse straightened and came into contact with HOLLY PATRON. We believe this is a more accurate description of events than stating the defendant had allowed JAMIE’S BOY to drift in. It was unfortunate that the horse straightened momentarily at this very time, with the consequence that HOLLY PATRON was squeezed for room and fell after locking wheels.
We accept Mr McIntyre’s submission that the defendant has responsibility for steering his horse, however, we believe he was controlling in an effective manner a horse that was proving difficult to drive, due to its hanging out. We do not believe he was negligent in pulling the ear-plugs at the time that he did.
Decision:
The charge of careless driving is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr McIntyre
JockeysandTrainer: Mr J Cox
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fb909de40a1ad2701e11b80611bcd61a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e6d29976f9aaa5334f7d41555000914b
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2010
meet_title: Winton HRC - 29 December 2010
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "Ghall", "Member": "", "OtherExpenses": "0", "KMs": "421", "Total": "261.02", "kmprice": 261.01999999999998, "Approved": "on"}]
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: Ghall
meet_pm1: ADennis
meet_pm2: none
name: Winton HRC