Maybe this is THE Case for the High Court. Givealittle page?

[Chief Stipe]

Appeal - Written Decision dated 4 April 2023 - Alicia Harrison

racingintegrityboard.org.nz

1. INTRODUCTION

1.1. On 8 December 2022, Ms Alicia Harrison drove the colt, MITCH, in Race 6 at the Manawatu Harness Racing meeting.

1.2. Subsequent to the race, she was charged by Stewards with careless driving, being a breach of Rule 869(3)(b) of the Rules. The relevant wording of the charge was as follows:

…in that near the 250m, she allowed her drive to shift in when activating gear, which resulted in her drive (MITCH) racing over track markers causing it to break, losing its chance.

1.3. The charge was dismissed by the Adjudicative Committee. The Racing Integrity Board appealed that decision.

1.4. The Appeal Hearing was held at the Cambridge Raceway on 23 March 2023. Footage of the race was shown, and both the RIB Stewards and Ms Harrison set out their position by way of talking to the race replay and explaining their respective positions.

1.5. At the conclusion of the hearing, the Appeals Tribunal informed the parties that the Appeal was dismissed, and reasons would follow. These are the Appeals Tribunal’s reasons for that decision.

2. THE RACE

2.1. It was uncontested that MITCH was an extremely difficult drive. At the time of the race, he was a colt. Video footage made it clear that Ms Harrison worked extremely hard to keep the horse under control.

2.2. The horse started quickly from barrier four, made its way across other horses and led the race until the incident that is the subject of the charge. Earplugs being used on MITCH came out before the start causing the horse to over-race. As stated, Ms Harrison had a difficult drive. On multiple occasions, she moved up the reins to tighten her grip and restrain the horse.

2.3. The incident occurred on the final bend. At about the 250-metre mark, Ms Harrison reached down with her right hand to activate the blinds. The horse reacted by shifting inwards and therefore racing over/inside the marker pegs. The horse then galloped after Ms Harrison reacted to straighten the horse, impeded the chances of other horses, and finished the race in ninth (second last).

3. DECISION OF THE ADJUDICATIVE COMMITTEE

3.1. At the conclusion of the race day hearing, the chair of the Adjudicative Committee, Mr McCutcheon, stated:

“I’m not going to delay matters. I think there is some doubt in this, some grave doubt. I’m not satisfied that you have driven carelessly. The charge is dismissed.”

3.2. The Written Decision issued by Mr McCutcheon states:

“The Adjudicative Committee found that passing the 300m, Ms Harrison had both reins in her left hand and activated the blinds with her right hand. Her drive “MITCH” drifted to be inside the marker peg line. The Applicant’s evidence was that Ms Harrison did not have sufficient control of her drive when it went in. Ms Harrison said that her horse was a difficult drive and that after activating the blinds, it ducked in and that she reacted straight away and could not do any more.

The Adjudicative Committee, after considering all of the evidence which included film replays, believed that Ms Harrison did react within a reasonable amount of time to straighten a difficult drive”.

3.3. The Adjudicative Committee was not satisfied that Ms Harrison had driven carelessly and therefore dismissed the charge.

4. JURISDICTION

4.1. The Appeal was brought by the RIB pursuant to Rules 1202 and 1203.

4.2. Prior to the hearing, Ms Harrison raised an issue as to whether there was jurisdiction for the RIB to appeal a decision of the Adjudicative Committee. This point was not pursued once the Appeals Tribunal referred Ms Harrison to the applicable provisions of the Rules.

5. RESPECTIVE POSITIONS

5.1. The Notice of Appeal referred to the definition of careless driving as stated by Adjudicative Committees on previous occasions:

“Whether a person acts carelessly is a matter of fact. The issue is whether the driver exercise a degree of care and attention that a reasonable and prudent driver would exercise in the circumstances…”

5.2. No issue was taken with that being an accurate statement defining careless driving.

5.3. The RIB’s case is that Ms Harrison failed to have sufficient control when activating the blinds near the 250m mark and the horse drifted in at the apex of the corner and ended up inside the marker line. In its view, Ms Harrison was careless when activating the blinds and allowed the outside rein to go forward and lose control. The horse then turned his head when off the track and shortly after, broke.

5.4. Ms Harrison’s position is that instead of going forward when the blinds were activated, the horse instead overreacted ducking inwards. She tried to correct him as soon as a wheel went inside the marker line. The horse fought being turned outside and broke after his legs contacted with a marker and the next marker went between his legs. No more could be done. Prior to this critical point, Ms Harrison says that the horse was under control despite its difficult nature/race manners.

6. DECISION

6.1. Having reviewed the race several times, both at full speed and in slow motion, and having heard the positions of the parties, the Appeals Tribunal has reached the same conclusion as the Adjudicative Committee.

6.2. While the Appeals Tribunal deems the matter to be finely balanced, the Appeals Tribunal has genuine doubt as to whether the actions of Ms Harrison were careless. The Appeals Tribunal notes that the incident came towards the end of an extremely difficult drive. The horse had over-raced and led for the entire race. Ms Harrison had worked hard to restrain the horse as much as possible. Prior to Ms Harrison activating the blinds, the horse was racing within the permitted area. After activating the blinds, the horse reacted by moving inwards with initially the sulky wheel going inside the marker at the apex of the bend. The horse then fought the attempt to correct it outwards and reacted in a way that reflects more on its race manners than the actions of Ms Harrison.

6.3. Ms Harrison had both her hands back on the reins in the top grip at the point it drifted inwards and the sulky wheel went inside the marker line. She has made every effort at that time to correct the horse.

6.4. The Appeals Tribunal concludes, as the Adjudicative Committee did, that Ms Harrison in the circumstances had reacted within a reasonable amount of time of the horse drifting inside the marker peg following activation of the blinds to straighten a difficult drive. The Appeal is accordingly dismissed.

7. EFFECT OF THIS DECISION

7.1. The Appellant’s Notice of Appeal raised the point that, if upheld, the Decision of the Adjudicative Committee will have wider consequences. In essence, the point was a concern the Decision will ‘open the floodgates’ and be used by Drivers to successfully defend careless driving charges.

7.2. The Appellant did not further advance this point in submissions before the Appeals Tribunal, however the Appeals Tribunal notes that charges of careless driving are fact specific. Each must be considered having regard to the particular circumstances, including matters such as the track, Driver and horse. A decision in relation to the particular circumstances of one charge will rarely have any influence on the outcome of another.

7.3. The Appeals Tribunal’s decision in this instance turns on its particular facts.

[Chief Stipe]

The Stewards/Adjudicative Committee initially dismissed the charge.

Then the RIB appealed against themselves and the appeal was dismissed.

Does that sound fair?

The RIB argues that dismissing the appeal "will open the floodgates" for drivers to appeal careless driving charges.

 

[Gammalite]

8 minutes ago, Chief Stipe said:

The Stewards/Adjudicative Committee initially dismissed the charge.

Then the RIB appealed against themselves and she was convicted.

Does that sound fair?

 

What is wrong with people ? these are fricken races where these young drivers are doing the best they can . Alicia wasn't trying to 'Not Win the Race'  or anything. she only drives occasionally and is Always trying to Win if possible.

The culprit here is the horse . Horses are very hard to drive on occasion. just Ask all the guys who have driven the Derby winner KRUG at different times. horses do all sorts of funny things from time to time. 

Case dismissed. Let Harrison drive and you get better with practise. John McMullen told me you need 4 drives every meeting to get (and keep) a decent grasp on driving and opponents . not just one here or there . that does nothing for developement as a driver. 

[Chief Stipe]

Will the RIB appeal High Court for a judicial review?

[Harrison]

37 minutes ago, Chief Stipe said:

The Stewards/Adjudicative Committee initially dismissed the charge.

Then the RIB appealed against themselves and the appeal was dismissed.

Does that sound fair?

 

I wasn’t Convicted the appeals tribunal also dismissed the stewards case thankfully. They found as did the adjudicative committee that the horses racing manners were at fault 

[Chief Stipe]

4 minutes ago, Harrison said:

I wasn’t Convicted the appeals tribunal also dismissed the stewards case thankfully. They found as did the adjudicative committee that the horses racing manners were at fault 

I realised that after I posted.  Have since corrected it however it still stands that the RIB essentially appealed against themselves.  Will the "flood gates open" as they suggest?

[Harrison]

Just now, Chief Stipe said:

I realised that after I posted.  Have since corrected it however it still stands that the RIB essentially appealed against themselves.  Will the "flood gates open" as they suggest?

Yes I know the guy that found me not guilty was not happy that they appealed his decision as he has many years experience.

 

They were essentially saying the horse was uncontrollable up to that point then suddenly became easy to control and I just let it happen. Which is beyond me. But the new appeals board were very good very professional and they let us both have our say and it felt a lot more fair than the prior hearing situation was

[Chief Stipe]

7 minutes ago, Harrison said:

Yes I know the guy that found me not guilty was not happy that they appealed his decision as he has many years experience.

 

They were essentially saying the horse was uncontrollable up to that point then suddenly became easy to control and I just let it happen. Which is beyond me. But the new appeals board were very good very professional and they let us both have our say and it felt a lot more fair than the prior hearing situation was

That's good to hear about the Appeals Board however shouldn't they be separated from the RIB?

Also it would be interesting to know who at the RIB drove the decision to appeal.

[Harrison]

29 minutes ago, Chief Stipe said:

That's good to hear about the Appeals Board however shouldn't they be separated from the RIB?

Also it would be interesting to know who at the RIB drove the decision to appeal.

The appeals board is now seperate, total new thing following in front the Wigg case! Much more professional!

I believe it was the chief Stipendiary stewards decision mostly by the sounds of it. But it seems ridiculous in nz court you can’t re apply after high court decision

 

[Chief Stipe]

34 minutes ago, Harrison said:

The appeals board is now seperate, total new thing following in front the Wigg case! Much more professional!

Where did they officially notify that change?  It is quite significant as it is backtracking on the RIB legislation.

[Harrison]

2 hours ago, Chief Stipe said:

Where did they officially notify that change?  It is quite significant as it is backtracking on the RIB legislation.

I’m not sure! I think this was the first instance after the Sheryl Wigg case that they were used as an official independent appeals committee rather than the RIB 

[Chief Stipe]

2 hours ago, Harrison said:

I’m not sure! I think this was the first instance after the Sheryl Wigg case that they were used as an official independent appeals committee rather than the RIB 

That's interesting.  I knew some board members were pushing for it but didn't see anything official.

[Gammalite]

7 hours ago, Harrison said:

They were essentially saying the horse was uncontrollable up to that point then suddenly became easy to control and I just let it happen.

you're gunna have to be outta control to beat this lot 😄. must be best field you've ever been in . and could win it too if you drive well , while the big boys have a quiet one getting ready for the Grin Race lol....

1

33875X

Simply Sam

4

g

R70

1

Ft

Andre Poutama

Ray Green

2

371101

Chimichurri

4

h

R72

2

Ft

Alicia Harrison(J)

Steve & Amanda Telfer & Hayden Cullen

3

170X18

Nicholas Cage

4

g

R73

3

Ft

Matthew White

Andrew & Lyn Neal

4

0X6623

Smiffy's Terror

5

g

R80

4

Ft

John Dunn

Robert & Jenna Dunn

5

263534

Old Town Road

5

g

R85

5

Ft

Zachary Butcher

John Dickie

6

105342

Kango

6

g

R95

6

Ft

David Butcher

Arna Donnelly

7

151872

B D Joe

5

g

R106

7

Ft

Tim Williams

Steve & Amanda Telfer & Hayden Cullen

8

5122X6

Self Assured

7

g

R119

8

Ft

Natalie Rasmussen

Mark & Nathan Purdon

------------------ Second Line ------------------

9

018687

Alta Wiseguy

5

g

R92

9

Ft

James Stormont

Steve & Amanda Telfer & Hayden Cullen

10

421X25

Akuta

4

g

R95

10

Ft

Mark Purdon

Mark & Nathan Purdon

11

121P31

Copy That

6

h

R120

11

Ft

Blair Orange

Ray Green

[Blackie]

Looks like your fav Aussie steering your fav NZer in the big go Gamma, forgotten horse I reckon.

[Gammalite]

14 hours ago, Blackie said:

Looks like your fav Aussie steering your fav NZer in the big go Gamma, forgotten horse I reckon.

No high court rulings needed when the best in the country are racing.

with the 4 best horses in the land finish (in order) in the First 4 ,just pick up the $500 and have a Happy Easter !!!! 

good tipping mate 💰😊

[the galah]

47 minutes ago, Gammalite said:

No high court rulings needed when the best in the country are racing.

with the 4 best horses in the land finish (in order) in the First 4 ,just pick up the $500 and have a Happy Easter !!!! 

good tipping mate 💰😊

An exciting race,with the all star horses driven kindly with next week in mind,but still driven to win. Self assured a great horse. Rasmussen just seems to end up in right place every time. Driving great horses helps.

Of note was the tactics of simply sam and chimichurri. I heard them say on trackside pre race that chimichurri driver was under instructions to look for the lead,but its hard to understand why they would give the driver such aggressive driving instructions in such a field.

I've said it before,the telfer stable is very ,very hard to predict in the north island. Especially in the last 4 or 5 months. They still have won their share of races,but tonight,of the 8 horses that have run,4 have ended up dropping out to very long lasts. Its such a noticeable thing. The south island stable much more consistent.

[Gammalite]

2 minutes ago, the galah said:

An exciting race,with the all star horses driven kindly with next week in mind,but still driven to win. Self assured a great horse. Rasmussen just seems to end up in right place every time. Driving great horses helps.

What a great race that was tonight. The Grin Race will be hard to top that. next week 😄

Nat had great cart-up behind Copy That with the 'other' Cup winner Self Assured , but won easy in the end. But drove the horse exceptionally well early if you noticed to get ahead of BD Joe and Smiffy's Terror. A Total Class act. 

The Preferential draw once again Proving it's value for excitement . the lead 2 were bunnies for their stablemates , but that is what can happen with multiple stable runners. Barry Purdon doing it well lately as Allstars, Dunn's and Telfers have done in the past on a lot of occasions. NZ stables are the Masters at it . excellent driving often. 

[Brodie]

On 6/04/2023 at 10:21 PM, Gammalite said:

What a great race that was tonight. The Grin Race will be hard to top that. next week 😄

Nat had great cart-up behind Copy That with the 'other' Cup winner Self Assured , but won easy in the end. But drove the horse exceptionally well early if you noticed to get ahead of BD Joe and Smiffy's Terror. A Total Class act. 

The Preferential draw once again Proving it's value for excitement . the lead 2 were bunnies for their stablemates , but that is what can happen with multiple stable runners. Barry Purdon doing it well lately as Allstars, Dunn's and Telfers have done in the past on a lot of occasions. NZ stables are the Masters at it . excellent driving often. 

“The Race by GRINS”  over rated beat up for the Big Boys!
Do most punters really give a toss about the race?

All it is is money shuffling and is more money laundering than someone collecting $1k!

I hope the authorities asked all the correct questions of the slot holders as to where they got the money  from to buy the slots????

 

 

[Gammalite]

On 4/8/2023 at 2:17 PM, Brodie said:

“The Race by GRINS”  over rated beat up for the Big Boys!
Do most punters really give a toss about the race?

All it is is money shuffling and is more money laundering than someone collecting $1k!

I hope the authorities asked all the correct questions of the slot holders as to where they got the money  from to buy the slots????

 

 

Well it's only had one go at it mate. Was a good day out for some last year ,. this year they are having a function after the races with 5000 people. Just some trying to have fun.

Of course you need a Race for the Big boys to strut their stuff. I'm only an occasional Punter and DEfinitely use that race to have a Fun Bet , (as well as the Flying mile 'lead-up' race last week). which was brilliant, I love betting on good horses. Interdominion in Brisbane this year. can not wait.....

As for buying slots, you and I could of if we wanted to mate. they're not that dear for a company surely?? do you think they have to steal money to have a go ? Yes there are a LOT of struggling people around with the cost of living going right up for bills/groceries But the sort of companies buying into the GRIN Race will have it covered sweatlessly (and maybe even claim tax offset lol 😁😄💰) 

[Brodie]

1 hour ago, Gammalite said:

Well it's only had one go at it mate. Was a good day out for some last year ,. this year they are having a function after the races with 5000 people. Just some trying to have fun.

Of course you need a Race for the Big boys to strut their stuff. I'm only an occasional Punter and DEfinitely use that race to have a Fun Bet , (as well as the Flying mile 'lead-up' race last week). which was brilliant, I love betting on good horses. Interdominion in Brisbane this year. can not wait.....

As for buying slots, you and I could of if we wanted to mate. they're not that dear for a company surely?? do you think they have to steal money to have a go ? Yes there are a LOT of struggling people around with the cost of living going right up for bills/groceries But the sort of companies buying into the GRIN Race will have it covered sweatlessly (and maybe even claim tax offset lol 😁😄💰) 

Gamma, there are already enough races fir the big boys and is a constant drain  on the coffers of harness!

My point is that in Nz anything to do with finance the control freaks in Wellington want to know where the money came from and where it is going???

You invest money they want to know!

You buy or sell property they want to know!

You win $1k or bet 1k they want to know who the hell you are and put it down to possible money laundering!

You win at the Casino and they want to know who you are FFS!

You form a trust and they want to know every minute detail avout everyone and everything!

It is just a load of BS and it is high time we stood up to these control freaks and tell them to stop meddling in our daily lives!

And yet these same Communists can give away taxpayers money to anywhere they want without questions asked.

 

 

 

Edited April 9, 2023 by Brodie

[Gammalite]

1 hour ago, Brodie said:

My point is that in Nz anything to do with finance the control freaks in Wellington want to know where the money came from and where it is going???

You invest money they want to know!

Hope your Government making better decisions with the Taxpayers money than what you say. And supporting the people. 

I love them pouring money into harness racing Wherever and whenever possible. Great entertainment, Fine Tradition, some fabulous horsepeople involved who tough it out and NEED big prizes once in a while for motivation and satisfaction.

In Australia , our D..Khead Government has just signed up for NUCLEAR SUBMARINES . FFS . im just stunned at this stupidity and dont care What they Spend on Anything Else  anymore. got to be better than that?

spending 50 to 60 Billion dollars before 2030 to buy new (or old) NUCLEAR SUBMARINES from USA. don't even Know what they're getting for the money ????  Horrendously stupid situation!!!!! . What the F... are NUCLEAR SUBMARINES any good for ?, for the general Australia public ?. They can all go and get st .... ed

so,  enjoy the harness racing money mate. Money much better spent (hey we have Eureka Year ) the equal of GRINS and I think it's terrific. IMO.