Franklin TC - 28 May 2010 - R 7
869 (7A) and 869(4)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr JM Muirhead
Defendant: Mr D McGowan
Information No: 68628
Meeting: Franklin Trotting Club
Date: 28 May 2010
Venue: Alexandra Park Raceway, Auckland
Race: 7
Rule No: 869(7A) & 869(4)
Judicial Committee: BJ Scott, Chairman - GR Jones, Committee Member
Plea: Not admitted
CHARGES:
An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Horseman Mr D McGowan improved his horse Bella Me where there was insufficient room inside Cruiser Franco (Driver B Mangos) thereby striking pylons and driving in a manner likely to cause interference to his own horse or other runners over the concluding stages of the race.
Rule 869(7A) states “Every horseman who moves inwards shall ensure that contact is not made with any track marker.”
Rule 869(4) states “No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
FACTS:
The Rules were read out to Mr McGowan who was present and he acknowledged that he understood them.
Mr Muirhead in giving evidence demonstrated the incident by use of the video film. He showed where Bella Me was trailing Cruiser Franco at the home turn and as the horses straightened up Mr Mangos went into the passing lane (as he was entitled to do). Mr McGowan elected to go inside Cruiser Franco and as Mr Muirhead demonstrated there was insufficient room and Mr McGowan’s inside sulky wheel brushed a number of pylons. Mr McGowan persisted with this manoeuvre all along the straight even though there was not sufficient room to get his sulky through and after the winning post there was a tightening of horses prior to the corner and this resulted in contact being made and Mr McGowan’s horse falling. Mr Muirhead did say however that there contributing factors to Bella Me falling. He also confirmed that this was after the winning post.
Mr Muirhead said that the film showed it all and that Mr McGowan should not have been trying to go up through a gap when there was insufficient room.
Mr McGowan was given the opportunity to cross examine Mr Muirhead but did not do so.
Mr McGowan for his part acknowledged what he had seen on the film in that he had driven into a space that was not wide enough for him to get his horse and sulky through. He did say that he did not run over any pylons prior to the winning post but he did acknowledge striking a number of pylons. Mr McGowan said he took a risk and that sometimes the horse that goes into the passing lane rolls out and there is sufficient room but on this occasion he acknowledged that there was insufficient room.
Mr McGowan did say however that if he had not made any effort then he might have faced a different charge because of that. He was trying to do his best for his horse.
Mr Muirhead did not cross examine Mr McGowan.
SUMMARY:
Mr Muirhead said that the film clearly showed the incident and showed Mr McGowan going into a gap that was of insufficient size and striking pylons. Mr Muirhead pointed to Mr McGowan’s horse falling and did say that the Rules provide that interference can take place after the winning post.
Mr McGowan for his part did not give any summary but relied on his earlier evidence.
DECISION:
The Committee has viewed the films several more times and has also reviewed the evidence before it. Mr McGowan is charged with two quite distinct charges albeit that both are under Rule 869. Mr McGowan has been racing in tight quarters and the film clearly shows not only was there insufficient room for him to go on the inside of Cruiser Franco but also shows his inside sulky wheel striking a number of pylons.
On the basis of the evidence presented to it and on Mr McGowan’s own admission the Committee finds the charge under Rule 869(7A) proven.
In respect to the charge under the Rule 869(4) the Committee notes that no interference was caused by Bella Me to Cruiser Franco nor was there any horses trailing Bella Me. Mr Muirhead said that there were other contributing factors to Bella Me falling and as far as the evidence is concerned this Committee finds that the charge under Rule 869(4) is not proven and is therefore dismissed.
PENALTY SUBMISSIONS:
Mr Muirhead submitted that Mr McGowan having driven into an area where there was insufficient room and with his horse ultimately falling that there should be a fine of between $200.00 and $300.00.
Mr McGowan for his part thought that such a fine was excessive.
PENALTY REASONS:
The Committee notes that the starting point fine in the JCA Guidelines for this offence is $100.00.
The Committee did however consider the safety issues involved in this incident and also the fact that Mr McGowan persisted in driving into a gap when he knew or ought to have known that there was insufficient room. He continued this manoeuvre for the last 150 metres. The end result of Mr McGowan’s manoeuvre was that his horse ultimately fell although Mr Muirhead did say that there were contributing factors as far as this was concerned.
The Committee believes however that this incident is at the lower end of the scale as far as seriousness is concerned and does believe that the fine submitted by Mr Muirhead is excessive.
PENALTY:
The Committee therefore imposes a fine of $150.00 on Mr McGowan.
BJ Scott GR Jones
CHAIR Committee Member
68628
