Archive Decision

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Wyndham HRC 6 February 2011 – R 10

ID: JCA14776

Applicant:
CJ Allison - Stipendiary Steward

Respondent(s):
AJ Suddaby - Horseman of ABSOLUTE COURAGE

Other Person:
BR Shirley - Horseman of TURBINE, N WIlliams - Horseman of GALLEONS PROSPECT

Information Number:
68858

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
denied

Meet Title:
Wyndham HRC - 6 February 2011

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2011/02/06

Race Number:
R 10

Decision:

The committee was satisfied that a breach of the rule had occurred and as a result the charge was upheld.

Penalty:

Mr Suddaby was fined the sum of $250.00. Mr Suddaby was also reminded of his professional obligations.

Charge:

Careless driving.

Facts:

At the conclusion at race 10 the Rodgers Garage Ltd Mobile Place information (68858) was lodged by Stipendiary Steward Mr C J Allison alleging that after approximately 200m A J Suddaby (Absolute Courage) shifted ground inwards when insufficiently clear of Turbine ( B R Shirley) causing Turbine to break.

Mr Suddaby did not admit the breach.

The rule reads (869 (3) (b) that no horseman shall drive carelessly.

Submissions for Decision:

Mr Allison showed the committee the, head on, side on, and back on video clips of the alleged incident highlighting in his opinion the inward movement of Absolute Courage when not sufficiently clear of Turbine running into the first bend of the race. Mr Allison said that Turbine had drawn (1) and Absolute Courage had drawn (4) behind the mobile arm and that Mr Shirley was entitled to maintain his line. Mr Allison stated that things clearly got tight and that Mr Shirley has simply run out of room by Mr Suddaby’s horse moving inwards and taking his line.

Mr Shirley (Turbine) stated that he called out at least (2) times to Mr Suddaby saying “Look out, Keep out, Keep Out”.

Mr Shirley said his horse did not in any way contribute to the incident.

Mr Suddaby said his horse never made any contact and showed the committee the side on view of the video clip demonstrating in his opinion that he was clear and there was never any contact made. Mr Suddaby also stated that he had trouble steering his horse and that he did hear Mr Shirley call out.

Mr Suddaby also stated that his horse was hanging and that if he had made contact with Mr Shirley that the video clip would show his cart moving possibly upwards.
Mr Williamson (Galleons Prospect) stated that he did not hear any noise of contact being made but did see Mr Shirley take a hold of his horse Turbine and that he did hear Mr Shirley yell out to Mr Suddaby.

Reasons for Decision:

Clearly in our opinion Mr Suddaby has moved inwards when he was not sufficiently clear of Turbine causing that horse to break and lose all chance.

Submissions for Penalty:

Mr Allison stated that Mr Suddaby had no previous breaches under this rule over the past 12 months. Mr Allison stated that he believed the degree of carelessness was mid range.

Mr Suddaby stated that he generally has (2) to (3) race day drives a meeting and had commitments at the Winton harness meeting on the 11th of February and the Waikouaiti meeting on the 13th of February.

Reasons for Penalty:

The committee in fixing penalty took into account Mr Suddaby’s excellent driving record over the past 12 months.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

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: 7abddf24355e51920424cbfb6ee9f8bf


informantnumber: 68858


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Wyndham HRC 6 February 2011 - R 10


charge:

Careless driving.


facts:

At the conclusion at race 10 the Rodgers Garage Ltd Mobile Place information (68858) was lodged by Stipendiary Steward Mr C J Allison alleging that after approximately 200m A J Suddaby (Absolute Courage) shifted ground inwards when insufficiently clear of Turbine ( B R Shirley) causing Turbine to break.

Mr Suddaby did not admit the breach.

The rule reads (869 (3) (b) that no horseman shall drive carelessly.


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison showed the committee the, head on, side on, and back on video clips of the alleged incident highlighting in his opinion the inward movement of Absolute Courage when not sufficiently clear of Turbine running into the first bend of the race. Mr Allison said that Turbine had drawn (1) and Absolute Courage had drawn (4) behind the mobile arm and that Mr Shirley was entitled to maintain his line. Mr Allison stated that things clearly got tight and that Mr Shirley has simply run out of room by Mr Suddaby’s horse moving inwards and taking his line.

Mr Shirley (Turbine) stated that he called out at least (2) times to Mr Suddaby saying “Look out, Keep out, Keep Out”.

Mr Shirley said his horse did not in any way contribute to the incident.

Mr Suddaby said his horse never made any contact and showed the committee the side on view of the video clip demonstrating in his opinion that he was clear and there was never any contact made. Mr Suddaby also stated that he had trouble steering his horse and that he did hear Mr Shirley call out.

Mr Suddaby also stated that his horse was hanging and that if he had made contact with Mr Shirley that the video clip would show his cart moving possibly upwards.
Mr Williamson (Galleons Prospect) stated that he did not hear any noise of contact being made but did see Mr Shirley take a hold of his horse Turbine and that he did hear Mr Shirley yell out to Mr Suddaby.


reasonsfordecision:

Clearly in our opinion Mr Suddaby has moved inwards when he was not sufficiently clear of Turbine causing that horse to break and lose all chance.


Decision:

The committee was satisfied that a breach of the rule had occurred and as a result the charge was upheld.


sumissionsforpenalty:

Mr Allison stated that Mr Suddaby had no previous breaches under this rule over the past 12 months. Mr Allison stated that he believed the degree of carelessness was mid range.

Mr Suddaby stated that he generally has (2) to (3) race day drives a meeting and had commitments at the Winton harness meeting on the 11th of February and the Waikouaiti meeting on the 13th of February.


reasonsforpenalty:

The committee in fixing penalty took into account Mr Suddaby’s excellent driving record over the past 12 months.


penalty:

Mr Suddaby was fined the sum of $250.00. Mr Suddaby was also reminded of his professional obligations.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: CJ Allison - Stipendiary Steward


JockeysandTrainer: AJ Suddaby - Horseman of ABSOLUTE COURAGE


Otherperson: BR Shirley - Horseman of TURBINE, N WIlliams - Horseman of GALLEONS PROSPECT


PersonPresent:


Respondent:


StipendSteward:


raceid: 59e684fed393103e6022703c7030ed7a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: eed7819db727212865a0cb7d877110b2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/02/2011


meet_title: Wyndham HRC - 6 February 2011


meet_expappcomment:


meet_km:


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tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Wyndham HRC