Waikato BOP H 20 December 2018 – R 6 – Chair, Mr A Godsalve
ID: JCA12110
Meet Title:
Harness Racing Waikato - 20 December 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2018/12/20
Race Number:
R6
Decision:
As the breach was admitted the Committee found the charge proved.
Penalty:
The Committee therefore suspended Mr Marshall's license to drive in races from the completion of racing on 24 December 2018 until after the completion of Harness racing on 2 January 2019, a 10 drive suspension.
For clarity the meetings included in this suspension are:
Waikato BOP H - 28 December 2018
Auckland RC - 31 December 2018
Wairarapa HRC - 2 January 2019
Facts:
Following the running of Race 6, the Willow Fashion Boutique Mobile Pace, an Information was submitted alleging that Mr K Marshall 'drove carelessly when he shifted RED MAGIC out causing interference to DELIGHTFUL ZEN which was checked and broke near the 300 metres'.
Mr Marshall was present at the hearing and confirmed that he :
(a) Understood the Rule, and
(b) That he admitted the breach.
Rule 869(3)(b) provides that 'No horseman in any race shall drive carelessly'.
Using the available films Mr Mulcay identified the horse RED MAGIC as the field travelled along the back straight. RED MAGIC was in a position 3 back on the peg line, following PATANJALI driven by Mr S Phelan. At about the 300 metres mark as Mr Phelan improved his position ahead of him Mr Marshall made an abrupt outwards movement towards DELIGHTFUL ZEN which had been racing on his outer. In doing so RED MAGIC's sulky wheel locked wheels with DELIGHTFUL ZEN'S wheel and caused that horse to go off stride, losing any chance it may have had in the race. Mr Mulcay added that it appeared that RED MAGIC's sulky wheel may have protruded under DELIGHTFUL ZENs stomach during this manoeuvre. PATANJALI finished 2nd, RED MAGIC 4th, with DELIGHTFUL ZEN being over 13 lengths away.
Mr Mulcay referred to the Shifting Ground Regulations which puts the onus on the driver shifting out (Mr Marshall) to do so with safety.
Mr Marshall told the Committee that RED MAGIC had been over-racing, that horses around him were 'going backwards' at that stage of the race, and that he believed that RED MAGIC had been 'uncontrollable'. He said that he believed that it was a matter of safety for those around him that he should shift RED MAGIC outwards as he did. He acknowledged that he had caused DELIGHTFUL ZEN to go off stride and lose its chance in the race.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a starting point of a 10 drive suspension or a $500 fine. He confirmed that Mr Marshall had a clear record in respect of breaches of this Rule, however he added that where a driver caused another horse to break by driving carelessly the Stewards submitted that a suspension of that driver's license would be an appropriate penalty.
Mr Marshall asked that the breach be dealt with by way of a fine. He said that he believed it was a 'safety issue' which caused him to steer RED MAGIC outwards as he considered it to be out of control. He added that he wished to keep driving in races and asked for some leniency to be shown under the circumstances.
Mr Marshall confirmed that he had engagements to drive at the Cambridge meeting on 24 December 2018 and asked that if he was to suspended that any period of suspension commence after that meeting.
Reasons for Penalty:
The Committee confirmed that the starting point for a breach of this Rule was a 10 drive suspension or a fine of $500.
We took into account Mr Marshall's admission of the breach and his clear record for which we gave credit. However, we could not agree with Mr Marshall that his drive was 'uncontrollable'. Mr Marshall is an experienced horseman and the action he took caused the chances of another horse finishing in the money to be extinguished.
The Committee assessed the consequences of Mr Marshall's driving to be in the mid-range. We therefore considered that factor to be worthy of an uplift on the starting point referred to. Looking at other penalties applied by Committees in similar circumstances it was clear that a suspension of Mr Marshall's driving license was an appropriate penalty.
Taking these facts into consideration the Committee therefore decided that a 10 drive suspension was an appropriate penalty. We approve Mr Marshall's request for a deferment of his suspension to allow him to fulfil engagements at the Cambridge/Bay of Plenty meeting on 24 December 2018.
Mr Marshall confirmed that he had been approached to drive at the dual code meeting at Tauherenikau on 2 January 2019. He stated that he had been offered the opportunity to drive 4 horses at that meeting.
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: 3277fb3975982ffcc0781108b5799904
informantnumber: A10575
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving carelessly causing a break
plea: admitted
penaltyrequired: 1
decisiondate: 21/12/2018
hearing_title: Waikato BOP H 20 December 2018 - R 6 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 6, the Willow Fashion Boutique Mobile Pace, an Information was submitted alleging that Mr K Marshall 'drove carelessly when he shifted RED MAGIC out causing interference to DELIGHTFUL ZEN which was checked and broke near the 300 metres'.
Mr Marshall was present at the hearing and confirmed that he :
(a) Understood the Rule, and
(b) That he admitted the breach.
Rule 869(3)(b) provides that 'No horseman in any race shall drive carelessly'.
Using the available films Mr Mulcay identified the horse RED MAGIC as the field travelled along the back straight. RED MAGIC was in a position 3 back on the peg line, following PATANJALI driven by Mr S Phelan. At about the 300 metres mark as Mr Phelan improved his position ahead of him Mr Marshall made an abrupt outwards movement towards DELIGHTFUL ZEN which had been racing on his outer. In doing so RED MAGIC's sulky wheel locked wheels with DELIGHTFUL ZEN'S wheel and caused that horse to go off stride, losing any chance it may have had in the race. Mr Mulcay added that it appeared that RED MAGIC's sulky wheel may have protruded under DELIGHTFUL ZENs stomach during this manoeuvre. PATANJALI finished 2nd, RED MAGIC 4th, with DELIGHTFUL ZEN being over 13 lengths away.
Mr Mulcay referred to the Shifting Ground Regulations which puts the onus on the driver shifting out (Mr Marshall) to do so with safety.
Mr Marshall told the Committee that RED MAGIC had been over-racing, that horses around him were 'going backwards' at that stage of the race, and that he believed that RED MAGIC had been 'uncontrollable'. He said that he believed that it was a matter of safety for those around him that he should shift RED MAGIC outwards as he did. He acknowledged that he had caused DELIGHTFUL ZEN to go off stride and lose its chance in the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted the Committee found the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a starting point of a 10 drive suspension or a $500 fine. He confirmed that Mr Marshall had a clear record in respect of breaches of this Rule, however he added that where a driver caused another horse to break by driving carelessly the Stewards submitted that a suspension of that driver's license would be an appropriate penalty.
Mr Marshall asked that the breach be dealt with by way of a fine. He said that he believed it was a 'safety issue' which caused him to steer RED MAGIC outwards as he considered it to be out of control. He added that he wished to keep driving in races and asked for some leniency to be shown under the circumstances.
Mr Marshall confirmed that he had engagements to drive at the Cambridge meeting on 24 December 2018 and asked that if he was to suspended that any period of suspension commence after that meeting.
reasonsforpenalty:
The Committee confirmed that the starting point for a breach of this Rule was a 10 drive suspension or a fine of $500.
We took into account Mr Marshall's admission of the breach and his clear record for which we gave credit. However, we could not agree with Mr Marshall that his drive was 'uncontrollable'. Mr Marshall is an experienced horseman and the action he took caused the chances of another horse finishing in the money to be extinguished.
The Committee assessed the consequences of Mr Marshall's driving to be in the mid-range. We therefore considered that factor to be worthy of an uplift on the starting point referred to. Looking at other penalties applied by Committees in similar circumstances it was clear that a suspension of Mr Marshall's driving license was an appropriate penalty.
Taking these facts into consideration the Committee therefore decided that a 10 drive suspension was an appropriate penalty. We approve Mr Marshall's request for a deferment of his suspension to allow him to fulfil engagements at the Cambridge/Bay of Plenty meeting on 24 December 2018.
Mr Marshall confirmed that he had been approached to drive at the dual code meeting at Tauherenikau on 2 January 2019. He stated that he had been offered the opportunity to drive 4 horses at that meeting.
penalty:
The Committee therefore suspended Mr Marshall's license to drive in races from the completion of racing on 24 December 2018 until after the completion of Harness racing on 2 January 2019, a 10 drive suspension.
For clarity the meetings included in this suspension are:
Waikato BOP H - 28 December 2018
Auckland RC - 31 December 2018
Wairarapa HRC - 2 January 2019
hearing_type: Hearing
Rules: Rule 869(3)(b), Shifting Ground Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr K Marshall-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9f6f37db816dee4cfea960c579e2600d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a1fa0f51ab1fb00673d3c27b11897d70
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/12/2018
meet_title: Harness Racing Waikato - 20 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato