Wyndham HRC 15 January 2013 – R 1
ID: JCA16804
Meet Title:
Wyndham HRC - 15 January 2013
Meet Chair:
NSkelt
Meet Committee Member 1:
GHall
Race Date:
2013/01/15
Race Number:
R1
Decision:
In our opinion, Mr McLellan did not take all reasonable steps, as r 870 requires, to immediately return the horse to its proper gait. We therefore find the charge proved.
Penalty:
Mr McLellan is suspended from the conclusion of racing on Thursday 17th January 2012 up to and including the conclusion of racing on Tuesday 22nd January 2013. This is one day.
Charge:
Failed to take all reasonable measrues to return the horse to its proper gait.
Facts:
An information by was lodged by Stipendiary Steward Mr S Wallis alleging Mr B McLellan, the driver of MOKOSUN, failed to take all reasonable steps to return the horse to its proper gait.
Mr McLellan did not admit the breach.
The rule reads:
870(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
(2) The following shall be a breach of sub-rule (1) hereof: …
(b) failure to take all reasonable steps to return the horse to its proper gait;
Submissions for Decision:
Mr Wallis showed the Committee several video clips of the alleged incident, highlighting MOKOSUN (B McLellan) breaking when rounding the final bend and galloping to the winning post.
Mr Wallis stated that he accepted that Mr McLellan did not take his horse clear of the field as he was racing in tight quarters. He stated that this failure did not form part of the charge, which was directed solely to subs (2)(b)
Mr Wallis, however, was of the opinion that Mr McLellan at no point tried to restrain his horse in an attempt to put it back into its trotting gait, with the horse eventually finishing in fourth placing. He demonstrated that for the last 150 metres there was no horse racing immediately behind the respondent.
Mr Wallis also stated that he believed MOKOSUN galloped fiercely over the last part of the race, not initially from the bend when the horse first went out of its gait.
Mr McLellan stated that he had taken the action he did because he believed it was a health and safety issue. He stated that his horse was racing fiercely after it had broken on the turn.
Mr McLellan also stated that he was aware that he had to keep his horse running in a straight line, as he had horses behind and on both sides of him. He said he did not want to run the risk of interfering with horses on his inside or outside of his horse, which was what he was concerned might happen if he pulled the horse up too fiercely.
Mr Wallis responded to Mr McLellan’s point by stating that there had been no mention of any health and safety issue in the stewards’ initial discussion with Mr McLellan regarding the horse breaking
Mr Wallis summed up by stating that in his opinion, the video evidence clearly showed Mr McLellan did not attempt to restrain his horse.
The respondent stated he believed he had done his best in the circumstances.
Reasons for Decision:
The video evidence highlights MOKOSUN breaking on the bend and galloping to the winning post and beyond. The horse gallops for a distance in excess of 250 metres.
Shortly after the horse breaks the respondent can be seen to look to the horse on his outside and obviously decides at that time that he is unable to take MOKOSUN clear of the field. We agree that this was a reasonable response that was dictated by the horse’s position in the field when it galloped, with the horse having led into the bend.
Mr McLellan can be seen to look sideways only one more time. This was a brief look to his outside just after the horses had entered the straight. From that point to the winning post he makes no attempt to take his horse clear. Again that is understandable as there was still a horse to his outside.
MOKOSUN continues to gallop. Mr McLellan does not look around again. The basis of the charge is the alleged lack of endeavour by the respondent to return the horse to its gait. We share this concern. We have viewed the videos repeatedly and can see little attempt by the respondent to pull the horse back into its proper gait. There is very little movement of the respondent’s hands. Indeed he seems to be sitting there allowing the horse to gallop. Mr Wallis is correct when he says the horse was galloping the most fiercely after it had galloped in excess of 150 metres and was some 50 plus metres from the winning post. We do believe in the circumstances of this case that the respondent’s belief there was a safety issue relieves him from his obligations under the rules despite the fact that he states that he was unaware there were not any horses immediately behind him, which was the case for over the last 150 metres of the race .
Submissions for Penalty:
Mr Wallis stated that Mr McLellan was a senior horseman with a good record, and that he had no previous breaches of this rule over the past twelve months.
Mr Wallis indicated either a fine or a suspension would be appropriate for this particular breach of the rule.
Mr McLellan stated that a suspension was his preferred option.
Reasons for Penalty:
The Committee clarified with Mr McLellan his usual number of race day drives. He said this was sometimes as many as three or four, although more recently it was two. It was confirmed for us that driving engagements for the Northern Southland Meeting on Thursday 17th January 2013 had already been declared.
We are satisfied this breach is towards the bottom end. The respondent was placed in a difficult position when MOKOSUN broke with horses on both sides. He could not take the horse clear and we accept he decided simply to keep the horse running in a straight line to avoid interfering with other runners. His obligation under the rule, of course, was to take immediate and reasonable steps to return the horse to its gait, which we have found he failed to do. But there were extenuating circumstances.
The respondent’s record is clear under this rule for the past 2 seasons.
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: a281f8ae45e4d33bc1fd04814108b8b4
informantnumber: 1858
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 19/01/2013
hearing_title: Wyndham HRC 15 January 2013 - R 1
charge:
Failed to take all reasonable measrues to return the horse to its proper gait.
facts:
An information by was lodged by Stipendiary Steward Mr S Wallis alleging Mr B McLellan, the driver of MOKOSUN, failed to take all reasonable steps to return the horse to its proper gait.
Mr McLellan did not admit the breach.
The rule reads:
870(1) When any horse breaks from its gait in any race its horseman shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.
(2) The following shall be a breach of sub-rule (1) hereof: …
(b) failure to take all reasonable steps to return the horse to its proper gait;
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed the Committee several video clips of the alleged incident, highlighting MOKOSUN (B McLellan) breaking when rounding the final bend and galloping to the winning post.
Mr Wallis stated that he accepted that Mr McLellan did not take his horse clear of the field as he was racing in tight quarters. He stated that this failure did not form part of the charge, which was directed solely to subs (2)(b)
Mr Wallis, however, was of the opinion that Mr McLellan at no point tried to restrain his horse in an attempt to put it back into its trotting gait, with the horse eventually finishing in fourth placing. He demonstrated that for the last 150 metres there was no horse racing immediately behind the respondent.
Mr Wallis also stated that he believed MOKOSUN galloped fiercely over the last part of the race, not initially from the bend when the horse first went out of its gait.
Mr McLellan stated that he had taken the action he did because he believed it was a health and safety issue. He stated that his horse was racing fiercely after it had broken on the turn.
Mr McLellan also stated that he was aware that he had to keep his horse running in a straight line, as he had horses behind and on both sides of him. He said he did not want to run the risk of interfering with horses on his inside or outside of his horse, which was what he was concerned might happen if he pulled the horse up too fiercely.
Mr Wallis responded to Mr McLellan’s point by stating that there had been no mention of any health and safety issue in the stewards’ initial discussion with Mr McLellan regarding the horse breaking
Mr Wallis summed up by stating that in his opinion, the video evidence clearly showed Mr McLellan did not attempt to restrain his horse.
The respondent stated he believed he had done his best in the circumstances.
reasonsfordecision:
The video evidence highlights MOKOSUN breaking on the bend and galloping to the winning post and beyond. The horse gallops for a distance in excess of 250 metres.
Shortly after the horse breaks the respondent can be seen to look to the horse on his outside and obviously decides at that time that he is unable to take MOKOSUN clear of the field. We agree that this was a reasonable response that was dictated by the horse’s position in the field when it galloped, with the horse having led into the bend.
Mr McLellan can be seen to look sideways only one more time. This was a brief look to his outside just after the horses had entered the straight. From that point to the winning post he makes no attempt to take his horse clear. Again that is understandable as there was still a horse to his outside.
MOKOSUN continues to gallop. Mr McLellan does not look around again. The basis of the charge is the alleged lack of endeavour by the respondent to return the horse to its gait. We share this concern. We have viewed the videos repeatedly and can see little attempt by the respondent to pull the horse back into its proper gait. There is very little movement of the respondent’s hands. Indeed he seems to be sitting there allowing the horse to gallop. Mr Wallis is correct when he says the horse was galloping the most fiercely after it had galloped in excess of 150 metres and was some 50 plus metres from the winning post. We do believe in the circumstances of this case that the respondent’s belief there was a safety issue relieves him from his obligations under the rules despite the fact that he states that he was unaware there were not any horses immediately behind him, which was the case for over the last 150 metres of the race .
Decision:
In our opinion, Mr McLellan did not take all reasonable steps, as r 870 requires, to immediately return the horse to its proper gait. We therefore find the charge proved.
sumissionsforpenalty:
Mr Wallis stated that Mr McLellan was a senior horseman with a good record, and that he had no previous breaches of this rule over the past twelve months.
Mr Wallis indicated either a fine or a suspension would be appropriate for this particular breach of the rule.
Mr McLellan stated that a suspension was his preferred option.
reasonsforpenalty:
The Committee clarified with Mr McLellan his usual number of race day drives. He said this was sometimes as many as three or four, although more recently it was two. It was confirmed for us that driving engagements for the Northern Southland Meeting on Thursday 17th January 2013 had already been declared.
We are satisfied this breach is towards the bottom end. The respondent was placed in a difficult position when MOKOSUN broke with horses on both sides. He could not take the horse clear and we accept he decided simply to keep the horse running in a straight line to avoid interfering with other runners. His obligation under the rule, of course, was to take immediate and reasonable steps to return the horse to its gait, which we have found he failed to do. But there were extenuating circumstances.
The respondent’s record is clear under this rule for the past 2 seasons.
penalty:
Mr McLellan is suspended from the conclusion of racing on Thursday 17th January 2012 up to and including the conclusion of racing on Tuesday 22nd January 2013. This is one day.
hearing_type: Hearing
Rules: 870(2)(b)
Informant: SW Wallis - Stipendiary Steward
JockeysandTrainer: BM McLellan - Driver of MOKOSUN
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f365bb3b51db0a9c48a92aed0e992fbe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair: submitted
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d98b1540f116328155d4485a533cf7e3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/01/2013
meet_title: Wyndham HRC - 15 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: GHall
meet_pm2: none
name: Wyndham HRC