Wyndham HRC 1 April 2021 – R 10 (heard 10 April 2021 at Invercargill) – Chair, Mr N Skelt

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startdate: 01/04/2021

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hearing_title: Wyndham HRC 1 April 2021 - R 10 (heard 10 April 2021 at Invercargill) - Chair, Mr N Skelt

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr V Munro - Stipendiary Steward

Respondent: Mr J Douglas – Licensed Driver

Information No: A10673

Meeting: Wyndham Harness Racing Club

Date: 1 April 2021 (heard 10 April 2021 at Invercargill)

Venue: Wyndham

Race: 10

Rule No: 863(3)(b)

Judicial Committee: Mr N Skelt, Chair

Plea: Denied

Also Present: Mr N Ydgren, Chief Stipendiary Steward

FACTS:

At an adjourned hearing Mr V Munro (Stipendiary Steward) filed Information A10673 against Licensed Driver, Mr J Douglas (YANKEE SHARD) alleging that in Race 10, the MLT Three Rivers Hotel Pace, in the early stages of the run home, he allowed his horse to improve onto the back of the weakening BENIO BEN, causing it to gallop and his own horse who was travelling well at the time to lose its chance.

SUBMISSIONS FOR DECISION:

Mr Ydgren stated that Mr Douglas has reacted far too late to the situation and should have been aware and been proactive to prevent the outcome. Mr Ydgren highlighted the incident using the several video clips available.

Mr Douglas stated that his horse was having his third start for the training partnership, and that the horse had been stood down before, and his racing manners were very wayward at times.

Mr Douglas also said that his horse was a difficult horse to drive. He believed he had reacted as soon as he could as the situation occurred. He had horses inside and outside of him when he moved and as a result there was little else, he could do.

REASONS FOR DECISION:

The Committee was satisfied Mr Douglas had driven carelessly. The video replays clearly show the incident, where Mr Douglas has simply reacted too late, and moved his horse too quickly, into the space, and as a consequence his horse had galloped and lost its chance. It was clear that no other horse or driver contributed to the incident.

DECISION:

The charge was found proved.

PENALTY SUBMISSIONS:

Mr Munro stated that Mr Douglas had 184 lifetime drives, 12 last season, and 30 this season. He had an excellent record, although limited drives, and he believed the level of carelessness was mid-range. The Penalty Guide is a ten-drive suspension, or a $500 fine.

Mr Douglas indicated that he has two or three drives a meeting and would prefer a fine. He has 6 horses in work, some of which were difficult to drive and would need at least a Senior Driver to assist them.

PENALTY REASONS:

The Penalty Guide suggested a starting point of a 10-drive suspension for a mid-level breach of carelessness, or a $500.00 fine. The Committee agrees with the submission of Mr Munro that the level is mid-range. The matter of the deferment was discussed; however, Mr Douglas did not elect to take this path.

A fine was not felt appropriate, as a horse had had its chance extinguished.

DECISION:

Mr Douglas is suspended after the close of racing on 10 April 2021 up to including the 23 April 2021 (3 days).

The meetings intending to be by the term of the suspension are Forbury Park TC (14 April 2021), Wairio TC (17 April 2021), Winton HRC 23 April 2021.

N Skelt

Chair

10 April 2021

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hearing_type: Old Hearing

Rules: 863(3)(b)

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