RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  S P Renault - Stipendiary Steward

Defendant:  J C E Thomas - Licensed Junior Driver

Information No:  68846

Meeting:  Rangiora Harness Racing Club

Date:  9 May 2010

Venue:  Rangiora Raceway

Race:  4

Rule No:  869 (3) (b)

Judicial Committee:  R G McKenzie, Chairman – S C Ching, Panelist

Plea: Not Admitted

Also Present:  Mr A M Butt

FACTS:

Following the running of Race 4, Don Clarke Canvas & Saddlery Mobile Pace, Information No. 68846 was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Mr J C E Thomas, alleging a breach of Rule 869 (3) (b) in that Mr Thomas, as the driver of BAILEYS PEARL in the Race, “drove carelessly when shifting down to trail LILAC SPLASH with approximately 2200 metres to run”.

Mr Thomas was present at the hearing of the information and he indicated that he did not admit the breach. Mr Thomas, a Junior Driver, was assisted at the hearing by Licensed Open Horseman, Mr A M Butt.

Rule 869 provides as follows:

(3)   No horseman in any race shall drive:-

      (b)    carelessly.

SUBMISSIONS:

Mrs Williams said that Mr Thomas, on BAILEYS PEARL, had been in the 3-wide line and elected to shift down into the 2-wide line to get on the back of LILAC SPLASH. The Stewards were alleging that there was enough room for Mr Thomas to get in. However, there was only just enough room and, Mrs Williams alleged, the video showed the horse’s front legs getting very close the back of the sulky of LILAC SPLASH resulting in it breaking, with a resultant check to MATTURITY, with other trailing runners also having to take evasive action.

She had Stipendiary Steward, Mr S P Renault, show video replays of the incident. Mr Thomas had got too close to the sulky of LILAC SPLASH and had to pull back resulting in his horse breaking, Mr Renault said.

The horse had overreacted and broken due to the actions of Mr Thomas, Mrs Williams alleged.

Mr Butt stated that there had been no contact with the sulky of LILAC SPLASH. Mrs Williams did not dispute this. Mr Butt said he had driven the horse in some recent starts and described it as “a very awkward horse to drive” and said that it did not react kindly to racing in a field. Mr Butt submitted that all Mr Thomas had done was what any reasonable driver would have done. The horse had overreacted to Mr Thomas’ taking hold of it and had broken of its own accord.  Mr Thomas confirmed that the horse had overreacted and “surged”.

Mr Butt asked for another angle video replay to be shown and he submitted that it showed that the horse was in the 2-wide line for quite some distance (20-30 metres he submitted) before it galloped – it was already in the gap.

Mr Butt submitted that Mr Thomas had not driven carelessly.

REASONS:

Shortly after the start of Race 3, Mr Thomas, on BAILEYS PEARL, was improving in the 3-wide line on the back of LOSTA ARMBRO (S P Walkinshaw), which was continuing to go forward. At that point, Mr Thomas shifted down into the 2-wide line on to the back of LILAC SPLASH (M P Jones)

Mrs Williams acknowledged that there was sufficient room for Mr Thomas to manoeuvre into the gap but she alleged that the front legs of BAILEYS PEARL got “very close” to the sulky wheel of LILAC SPLASH. It was significant that Mrs Williams also acknowledged that there was no contact with the sulky wheel of LILAC SPLASH. Mr Butt, on Mr Thomas’ behalf, made a strong point of this.

The question the Committee needed to determine was whether BAILEYS PEARL broke as a result of Mr Thomas’ driving carelessly.

The key factors in the Committee’s arriving at its decision were the following:

1.      There was sufficient room for Mr Thomas to shift down. Mrs Williams acknowledged this;

2.      When he did so, there was no contact with the wheel of LILAC SPLASH. Again, Mrs Williams did not contest that; and

3.      BAILEYS PEARL, from the Committee’s observation of the video replay, had been established in the 2-wide line before going off stride – in other words, the horse did not break in being shifted down by Mr Thomas. This was pointed out by Mr Butt in a video replay.

DECISION:

On the basis, principally, of those factors, the Committee was not satisfied that Mr Thomas had driven carelessly and, therefore, the charge was dismissed.

R G McKenzie             S C Ching

CHAIR                        Committee Member

68846