Wairarapa HRC - 15 April 2010 - R 2

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  T.W. Taumanu, Stipendiary Steward

Defendant:  K. Chittenden, Horseman

Information No:  68518

Meeting:  Wairarapa Harness Racing Club   

Date:  15 April 2010

Venue:  Manawatu Raceway

Race:  Race 2 (Mangan Graphics Mobile Pace 2500m)

Rule No:  869(3) (b)

Judicial Committee:  - T.W. Castles, Chairman, - Committee Members - N.M. Moffatt and T.W.E. Utikere

FACTS:

An information was lodged by Stipendiary Steward Mr. T. Taumanu against Horseman Mr. K. Chittenden alleging a breach of Rule 869(3) (b) in that K Chittenden, the driver of “MIA’S DREAM” drove carelessly when he allowed his horse to move inwards causing a check to “TONKS STREET”, which broke losing its chance with 400m to run.

Mr Chittenden confirmed that he did not admit the breach.

Mr Taumanu read the relevant rule. ”Rule 869 (3) No horseman in any race shall drive: - (b) carelessly”.

Mr Chittenden confirmed that he understood the rule.

SUBMISSIONS:

Mr Taumanu showed the films indicating Mr Chittenden’s horse, MIA’S DREAM, hanging momentarily prior to the 400m mark. The Stipendiary Stewards were of the view that Mr Chittenden did not do enough to keep his horse off TONKS STREET, being driven by Mr Dickson. Mr Taumanu submitted that contact was made between the two horses, and as a result of the contact, TONKS STREET broke and lost its chance with 400m left to run. Mr Taumanu also submitted that the information used in the careless driving charge was similar to the information used in the protest into the same race, considered by this Judicial Committee.

The Stipendiary Stewards used the films numerous times to indicate what they considered careless driving, and maintained that Mr Chittenden’s right hand should have applied more tension on the rein to keep his horse from moving in. They submitted that the films clearly showed Mr Chittenden’s drive was under a loose hold at different times, and that he did not do enough to keep him off Mr Dickson’s horse.

Stipendiary Steward Mr S. Renault suggested that Mr Chittenden had not made enough of an attempt; and whatever attempt to prevent his horse from moving inwards was too late as his horse was lugging in before contact with TONKS STREET was made. In response to a question from the Judicial Committee, Mr Renault reiterated his view that any attempt that Mr Chittenden had made was too little and too late and further, that the films indicated Mr Chittenden had approximately 60m, which was an ample amount of time, to correct his drive.

Using the films, Mr Chittenden indicated that prior to contact with TONKS STREET, MIA’S DREAM was starting to hang in, at which point he pulled his drive’s head in, to which MIA’S DREAM responded by continuing to lug in. Mr Chittenden submitted that he continued to “jerk on the rein”, but believed that the driver of BARNEY MACGUIRE, Mr Ferguson, had come out from the inside and had pushed TONKS STREET out supposedly, in his view, onto Mr Chittenden’s wheel. Mr Chittenden believed that this action had resulted in TONKS STREET being squeezed onto Mr Chittenden’s drive. He further indicated his belief that his sulky wheel was clear from TONKS STREET’s leg when that horse broke. Mr Chittenden also did not believe his horse had cut Mr Dickson’s horse off. After questioning from the Judicial Committee, Mr Chittenden conceded that his drive was continuing to lug in at the point that Mr Dickson’s horse broke.

The Stipendiary Stewards disagreed with the statement by Mr Chittenden which alleged that it was Mr Ferguson who pushed Mr Dickson out. Using the films they indicated that Mr Ferguson changed ground early from the three-wide position to the one out line, remaining in that position and not pushing Mr Dickson out. It was submitted by the Stipendiary Stewards that Mr Ferguson’s drive moved out after Mr Dickson’s drive had broke. Mr Chittenden reiterated to the Judicial Committee that he believed Mr Ferguson and Mr Dickson seemed to collide more than that of the contact made between himself and Mr Dickson’s drive. Mr Chittenden also submitted that while he was travelling four wide, his action of moving in, was also due to Mr Dickson’s drive moving back and losing ground. Mr Chittenden also refuted the submission that TONKS STREET hit his sulky wheel as he did not hear it.

DECISION and REASONS:

In arriving at a decision, the Judicial Committee revisited films and considered the submissions of all parties. Mr Chittenden’s earlier admission of his horse lugging in badly, left the committee with no doubt that such a statement was a true reflection of what was indicated on the films. Of particular concern to the committee was Mr Chittenden’s ineffective response after his horse initially lugged in. The committee was of the view that there was inappropriate action taken by Mr Chittenden in response to MIA’S DREAM lugging in. The Judicial Committee was of the opinion that Mr Chittenden could have responded much earlier, and that the action he did take was ineffective and contributed to the incident. Such inaction the committee considered careless. Therefore the charge was proven.

SUBMISSIONS ON PENALTY:

Mr Taumanu indicated that concerns about Mr Chittenden’s driving record were nil for the past 12 months. He submitted that considering the chances of Mr Dickson’s horse were eliminated with 400m left to run, the Stipendiary Stewards were seeking a fine of at least $300, or a two week suspension.

Mr Chittenden indicated that he drove in provincial centres and that he would prefer a period of suspension rather than a fine. Mr Taumanu did not object to such a penalty if the Judicial Committee considered it appropriate.

PENALTY and REASONS:

In arriving at a decision as to penalty, the Judicial Committee took into consideration Mr Chittenden’s desire for this charge to be dealt with by way of a period of suspension rather than a fine. While the Judicial Committee took into account Mr Chittenden’s exemplary driving record, it also recognized that his driving actions did affect another runner, causing it to break and possibly affected it from finishing in a higher order position. The committee considered the Stipendiary Stewards’ submission of a 2 week period of suspension, however, because of Mr Chittenden’s excellent driving record, believed that the charge would be best reflected by imposing a penalty of suspension commencing upon the completion of racing on 15 April and ending upon the completion of racing on 23 April; in effect 8 calendar days.

T.W. Castles                N.M. Moffatt and T.W.E. Utikere
CHAIR                          Committee Members
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