Wyndham HRC 17 January 2019 – R 8 – Chair, Mr P Knowles
ID: JCA14361
Meet Title:
Wyndham HRC - 17 January 2019
Meet Chair:
none
Race Date:
2019/01/17
Race Number:
R 8
Decision:
Mr Norman admitted the charge and it is found proved.
Penalty:
As there are no guidelines for penalty under this rule Mr Norman is suspended from the end of racing today, 17th January, up to and including the 28th February 2019 (six weeks).
Facts:
Mr Norman was charged by the Stewards following race 8 the Michelle Craig Breeding All Heart Lot 176 Gold Chip Final Handicap Trot alleging a breach of r 869 (3) (e) in that he drove in a foul manner in that “…on the final bend he directed his horse (WHATWILLBEEWILLBEE) outwards onto TOLKIEN (K Larsen) when in a gallop.”
Rule 869 (3) (e) reads:
No horseman in any race shall drive
--(e) in a foul manner
Mr Norman admitted the charge and appeared at the hearing.
Mr Ydgren stated that racing down the back straight Mr Norman’s horse WHATWILLBEEWILLBEE was three back in the one-out line. He said Mr M Williamson (ONLY ONE WAY) improved three wide round the field with TOLKIEN (K Larsen) trailing but about a half length behind. Mr Norman shifted WHATWILLBEEWILLBEE outwards and for a short distance both Mr Norman and Mr Larsen competed for the trailing position behind ONLY ONE WAY.
Mr Ydgren said the pair jostled for that position for about 100m before Mr Norman secured the trail behind ONLY ONE WAY. He said the stewards were not concerned with the driving of either Mr Norman or Mr Larsen at that point, as they were competing for an advantage within the rules.
He said heading into the final bend Mr Williamson’s horse ONLY ONE WAY continued forward to the parked out position. WHATWILLBEEWILLBEE was left three wide without cover and on his outside in the four wide position was TOLKIEN.
About the 350m mark WHATWILLBEEWILLBEE broke from its gait and the Stewards observed Mr Norman apply pressure to his outside rein and his horse came into contact with TOLKIEN on its outer. Mr Larsen’s horse did not appear to suffer any significant interference as a result. He said Mr Norman should have taken a hold of his horse and eased back and at the same time kept clear of other runners. It was his outwards movement while his horse was still in a gallop that concerned the Stewards.
When spoken too by the Stewards Mr Norman’s explanation for his actions was that Mr Kyle (LADY ZARA) had been squeezed for room and had called out to him. He had shifted outwards in response to that. However, Mr Ydgren stated that Mr Kyle had not called out to Mr Norman for room but had been yelling at his horse to encourage it to run on.
Mr Ydgren believed Mr Norman had been upset with Mr Larsen when attempting to shift outwards to secure a trail behind ONLY ONE WAY and that when his horse broke free of interference he had deliberately shifted outwards onto TOLKIEN to impede its progress.
The Stewards were adamant this was foul driving by Mr Norman.
Mr Norman stated Mr Kyle’s horse was under pressures for room and he had shifted outwards in response to Mr Kyle calling out to him. He had taken a hold of his horse which had run outwards onto Mr Larsen’s horse.
Submissions for Penalty:
Mr Norman had cooperated fully with the stewards, had admitted the breach and had a good record. He’d had 15 drives to date this season and 19 drives last season. As a consequence of his actions there was very little interference to Mr Larsen’s horse, while it was shifted slightly wider on the track it did not break.
He had no previous charges under this rule. There was no precedent under the rules or the penalty guide as to an appropriate penalty, but, Mr Ydgren believed a meaningful period of suspension was required.
Mr Norman stated he usually engaged other senior horsemen to drive his horses. He did not seek a deferment and wanted any suspension to start immediately.
Reasons for Penalty:
Mr Norman admitted a breach of foul driving. Mr Ydgren sought a meaningful period of suspension but as there is no penalty precedent to work with we are left with the facts to determine a penalty. A significant proportion of a penalty is linked to the level of interference, either to the horse or its horseman. The videos and the evidence of Mr Ydgren point to there being a very minimal effect on either Mr Larsen or his horse TOLKIEN. Mr Larsen was not seen to take evasive action to avoid WHATWILLBEEWILLBEE, or, TOLKIEN being severely hampered or being knocked off stride. In fact there was very little interference other than brief contact.
However, Mr Norman did take a hold of his horse soon after it broke stride and direct his horse sideways into TOLKIEN. He had ample room and opportunity, as stated by Mr Ydgren, to take a hold of his horse and ease back through the field. Whether Mr Kyle was yelling at his horse or calling to Mr Norman is disputed by both parties, but the video clearly shows there was sufficient room between TOLKIEN and LADY ZARA prior to WHATWILLBEEWILLBEE breaking.
Had interference been the result of Mr Norman’s actions then a significant period of suspension would be appropriate. However, there was no noticeable interference as a result of his actions and the level of interference places this charge at the low end of the scale. Mr Norman’s intent was clear and it is on this point that we set penalty.
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: 7a699c85e3b6eeaa87cfbb7f8619d0d2
informantnumber: A10893
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Foul driving
plea: admitted
penaltyrequired: 1
decisiondate: 22/01/2019
hearing_title: Wyndham HRC 17 January 2019 - R 8 - Chair, Mr P Knowles
charge:
facts:
Mr Norman was charged by the Stewards following race 8 the Michelle Craig Breeding All Heart Lot 176 Gold Chip Final Handicap Trot alleging a breach of r 869 (3) (e) in that he drove in a foul manner in that “…on the final bend he directed his horse (WHATWILLBEEWILLBEE) outwards onto TOLKIEN (K Larsen) when in a gallop.”
Rule 869 (3) (e) reads:
No horseman in any race shall drive
--(e) in a foul manner
Mr Norman admitted the charge and appeared at the hearing.
Mr Ydgren stated that racing down the back straight Mr Norman’s horse WHATWILLBEEWILLBEE was three back in the one-out line. He said Mr M Williamson (ONLY ONE WAY) improved three wide round the field with TOLKIEN (K Larsen) trailing but about a half length behind. Mr Norman shifted WHATWILLBEEWILLBEE outwards and for a short distance both Mr Norman and Mr Larsen competed for the trailing position behind ONLY ONE WAY.
Mr Ydgren said the pair jostled for that position for about 100m before Mr Norman secured the trail behind ONLY ONE WAY. He said the stewards were not concerned with the driving of either Mr Norman or Mr Larsen at that point, as they were competing for an advantage within the rules.
He said heading into the final bend Mr Williamson’s horse ONLY ONE WAY continued forward to the parked out position. WHATWILLBEEWILLBEE was left three wide without cover and on his outside in the four wide position was TOLKIEN.
About the 350m mark WHATWILLBEEWILLBEE broke from its gait and the Stewards observed Mr Norman apply pressure to his outside rein and his horse came into contact with TOLKIEN on its outer. Mr Larsen’s horse did not appear to suffer any significant interference as a result. He said Mr Norman should have taken a hold of his horse and eased back and at the same time kept clear of other runners. It was his outwards movement while his horse was still in a gallop that concerned the Stewards.
When spoken too by the Stewards Mr Norman’s explanation for his actions was that Mr Kyle (LADY ZARA) had been squeezed for room and had called out to him. He had shifted outwards in response to that. However, Mr Ydgren stated that Mr Kyle had not called out to Mr Norman for room but had been yelling at his horse to encourage it to run on.
Mr Ydgren believed Mr Norman had been upset with Mr Larsen when attempting to shift outwards to secure a trail behind ONLY ONE WAY and that when his horse broke free of interference he had deliberately shifted outwards onto TOLKIEN to impede its progress.
The Stewards were adamant this was foul driving by Mr Norman.
Mr Norman stated Mr Kyle’s horse was under pressures for room and he had shifted outwards in response to Mr Kyle calling out to him. He had taken a hold of his horse which had run outwards onto Mr Larsen’s horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Norman admitted the charge and it is found proved.
sumissionsforpenalty:
Mr Norman had cooperated fully with the stewards, had admitted the breach and had a good record. He’d had 15 drives to date this season and 19 drives last season. As a consequence of his actions there was very little interference to Mr Larsen’s horse, while it was shifted slightly wider on the track it did not break.
He had no previous charges under this rule. There was no precedent under the rules or the penalty guide as to an appropriate penalty, but, Mr Ydgren believed a meaningful period of suspension was required.
Mr Norman stated he usually engaged other senior horsemen to drive his horses. He did not seek a deferment and wanted any suspension to start immediately.
reasonsforpenalty:
Mr Norman admitted a breach of foul driving. Mr Ydgren sought a meaningful period of suspension but as there is no penalty precedent to work with we are left with the facts to determine a penalty. A significant proportion of a penalty is linked to the level of interference, either to the horse or its horseman. The videos and the evidence of Mr Ydgren point to there being a very minimal effect on either Mr Larsen or his horse TOLKIEN. Mr Larsen was not seen to take evasive action to avoid WHATWILLBEEWILLBEE, or, TOLKIEN being severely hampered or being knocked off stride. In fact there was very little interference other than brief contact.
However, Mr Norman did take a hold of his horse soon after it broke stride and direct his horse sideways into TOLKIEN. He had ample room and opportunity, as stated by Mr Ydgren, to take a hold of his horse and ease back through the field. Whether Mr Kyle was yelling at his horse or calling to Mr Norman is disputed by both parties, but the video clearly shows there was sufficient room between TOLKIEN and LADY ZARA prior to WHATWILLBEEWILLBEE breaking.
Had interference been the result of Mr Norman’s actions then a significant period of suspension would be appropriate. However, there was no noticeable interference as a result of his actions and the level of interference places this charge at the low end of the scale. Mr Norman’s intent was clear and it is on this point that we set penalty.
penalty:
As there are no guidelines for penalty under this rule Mr Norman is suspended from the end of racing today, 17th January, up to and including the 28th February 2019 (six weeks).
hearing_type: Hearing
Rules: 869(3)(e)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr B Norman - Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b58ab4bf5bdb1925a150bb3ded738f72
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race_title: R 8
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meetdate: 17/01/2019
meet_title: Wyndham HRC - 17 January 2019
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name: Wyndham HRC