Adjourned Hearing Auckland TC 21 May 2021 – R 6 – heard 28 May 2021 at Alexandra Park – Chiar, Mr G Jones

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hearing_title: Adjourned Hearing Auckland TC 21 May 2021 - R 6 - heard 28 May 2021 at Alexandra Park - Chiar, Mr G Jones

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BEFORE A JUDICIAL COMMITTEE
AT AUCKLAND

IN THE MATTER of the New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A12997

BETWEEN Mr S MULCAY, Senior Stipendiary Steward for the Racing Integrity Unit
Informant

AND Mr F Schumacher, Licensed Open Driver
Respondent

Judicial Committee: Mr G R Jones (Chair) and Mr B Scott

Date of Hearing: 28 May 2021

Present: Mr Mulcay (the Informant) and Mr Schumacher (the Respondent)

Date of Oral Decision: 28 May 2021

Date of Written Decision: 29 May 2021

REASONS FOR PENALTY DECISION OF JUDICIAL COMMITTEE

The Charge
[1] This charge arises from the running of Race 6, the METALCRAFT ROOFING MOBILE PACE, run at the Auckland Trotting Club meeting on Friday 21 May 2021, at the Alexandra Park raceway. An enquiry was opened into a racing incident that occurred during the running of the race involving Driver, F Schumacher (IMELDA MAY) that occurred during the running of the Race. The investigation was adjourned due to Mr Schumacher having left the course.

[2] The investigation was subsequently completed and resulted in the filing of Information (No A12997) by Mr Mulcay after having been approved pursuant to Rule 1108(2) by the RIU General Manager, Mr M Godber.
The charge was heard during the meeting at Alexandra Park on 28 May 2021.

[3] The Particulars of the charge set out in Information allege that Mr Schumacher drove carelessly, namely:
“that he drove carelessly causing interference to I EXPECT BETTOR (A Poutama) entering the first turn”.

The Rules
[4] Rule 869 (3)(b) provides that:
No Horseman in any race shall drive:
(b) Carelessly

The Plea
[5] The Respondent has noted on the Information “I do admit the breach of the rule(s)” and at the commencement of the hearing he confirmed his plea to the Committee. On that basis the charge is proved. He also acknowledged that he understood the nature of the charge.

The Penalty Provisions
[6] The penalty for careless driving is covered by the General Penalty provisions contained within Rule 1003(1).

[7] For careless driving the JCA Penalty Guide recommends a starting point of a 10-drive suspension or $500 fine.

Submissions
[8] Using the available Race film Mr Mulcay identified the horses involved in the incident, namely I EXPECT BETTOR (A Poutama) and IMELDA MAY (F Schumacher). He pointed out that I EXPECT BETTOR paced roughly entering the first turn when racing to the inside of IMELDA MAY after being checked by that runner.

[9] Mr Mulcay said that shortly after the start IMELDA MAY was racing 3-wide on the back of POLKA DELIGHT (A Herlihy). Mr Schumacher shifted inward and made contact with the hind leg of I EXPECT BETTOR who paced roughly and momentarily lost its position.

[10] In response Mr Schumacher submitted that he agreed with Mr Mulcay’s interpretation of the incident. He added that after the start SHIRLEY BROMAC (D Butcher) was racing on his outer and “things got a bit tight”. He said that he shifted down and freely accepted he contacted I EXPECT BETTOR.

Penalty Submissions
[11] Mr Mulcay submitted that Mr Schumacher had an excellent record having never incurred a suspension from his 660 career drives. So far this season Mr Schumacher has had 68 drives. He said that the breach was low range due to the fact that the affected horse (I EXPECT BETTOR) lost his position but did not break as a result of being checked.

[12] He submitted that an appropriate penalty would be a 3-day suspension.

[13] Mr Schumacher submitted that in consideration of a suspension he generally has 2 drives per meeting. He indicated that he has no confirmed drives at the upcoming Jewels meeting on 6 June 2021. He did not seek a deferment to any proposed suspension.

Reasons for Penalty
[14] The Committee adopted the recommended JCA Penalty Guide starting point of 10-drive suspension or $500 fine.

[15] After considering the video footage of the incident, we placed Mr Schumacher’s culpability in the low range.

[16] Mitigating factors included Mr Schumacher’s good record and admission of the breach. There were no aggravating factors.

[17] Taking all of those factors into account, the Committee determined a 6-drive suspension to be an appropriate penalty. On the basis that Mr Schumacher’s normal 2 drives per meeting equates to a 3-meeting suspension.

Penalty
[18] Mr Schumacher’s Licence is suspended commencing after racing on 29 May 2021 until after racing on 18 June 2021 (6 drives and 3 meetings).

[19] The 3 meetings included within the suspension dates are Auckland TC on 4 June 2021, Cambridge HRC on 11 June and Auckland TC on 18 June 2021.

Costs
[20] No costs were sought by the RIU. As this matter was heard during a race meeting no costs were incurred by the JCA. Accordingly, we make no order for costs.

G R Jones
Chair

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