HR WAIKATO 29 December 2013 – R 4
ID: JCA12805
Meet Title:
Harness Racing Waikato - 29 December 2013
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2013/12/29
Race Number:
R4
Decision:
The breach is admitted and accordingly the charge is proved.
Penalty:
We suspend Mr Salaivao's Driving Licence from today up to the conclusion of Racing on the 10th of January 2014. This is effectively 2 driving days being Harness Racing Waikato meetings on the 3rd and 10th of January 2014.
Facts:
Following the running of Race ,4 the RAY WHITE REAL ESTATE MOBILE PACE, an Information was lodged by Stipendiary Steward, Mr N Ydgren against Junior Horseman, Mr M Salaivao alleging that Mr Salaivao improved BELLS ON FIRE from two wide to three wide with 1100 metres to run forcing THEFASTERTHEBETTOR (Driver P Ferguson) to race wider on the track.
Mr Salaivao was present at the hearing and he advised the Committee that he admitted the breach. Mr Salaivao is a Junior Horseman and he was assisted by Senior Horseman Mr S Phelan.
Mr Ydgren demonstrated the incident by use of the race films and showed Mr Salaivao trailing Mr Z Butcher with more than 1100 metres to run. Mr Ferguson was trailing Mr Salaivao and prior to the 1100 metres mark he moved out 3 wide to improve his position. At that stage Mr Butcher moved 3 wide also and Mr Salaivao followed him. In his movement Mr Salaivao forced Mr Ferguson 4 wide and because this was outside the 1000 metres mark he breached the Pushout Rules.
Mr Phelan said Mr Salaivao was merely following Mr Butcher and once he had moved out he could not get back down because another horse had moved up inside him.
Submissions for Penalty:
Mr Ydgren said this incident was at the lower end of the scale He said that even though Mr Ferguson had been pushed 4 wide he only lost one position in the incident. He asked the Committee to take into account the fact that Mr Salaivao was a Junior Driver , his admission of the breach and that he had a clear record. He is relatively inexperienced in that he has only had 25 lifetime drives.
He submitted that a fine of $200.00 or suspension of Licence for 3 racedays would be appropriate.
Mr Phelan submitted that a suspension would be more appropriate because a fine would have a significant impact on Mr Salaivao considering that this matter was at the very low end of the scale. He confirmed that Mr Salaivao only drives in the Waikato area.
Reasons for Penalty:
We have viewed the films and listened to the parties and we agree that this incident is at the very low end of the scale. The 1000 metres mark is clearly shown on this track even though it is a large grass track. We believe that Mr Salaivao may have been thinking more about following Mr Butcher rather than where he was on the track.
The problem however is that drivers generally make their moves prior to the 1000 metres mark to get a better position and this is clearly what Mr Ferguson was doing.
We have taken into account the mitigating factors put to us by Messrs Ydgren and Phelan and we believe that this can be dealt with by a short suspension of Mr Salaivao's Licence. We are grateful to Mr Phelan for advising us that Mr Salaivao at present only drives in the Waikato area. We have therefore not taken into account the Northland meeting on the 7th of January 2014 nor have we taken into account the Auckland Premier meeting on the 29th of December 2013 because Mr Salaivao would not be eligible to drive there.
Mr Salaivao did not seek any deferment of suspension.
Decision Date: 06/01/2014
Publish Date: 06/01/2014
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: 5a12c4b15f26b42e414e85869c2f990d
informantnumber: A2512
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of the Pushout Rules
plea: admitted
penaltyrequired: 1
decisiondate: 06/01/2014
hearing_title: HR WAIKATO 29 December 2013 - R 4
charge:
facts:
Following the running of Race ,4 the RAY WHITE REAL ESTATE MOBILE PACE, an Information was lodged by Stipendiary Steward, Mr N Ydgren against Junior Horseman, Mr M Salaivao alleging that Mr Salaivao improved BELLS ON FIRE from two wide to three wide with 1100 metres to run forcing THEFASTERTHEBETTOR (Driver P Ferguson) to race wider on the track.
Mr Salaivao was present at the hearing and he advised the Committee that he admitted the breach. Mr Salaivao is a Junior Horseman and he was assisted by Senior Horseman Mr S Phelan.
Mr Ydgren demonstrated the incident by use of the race films and showed Mr Salaivao trailing Mr Z Butcher with more than 1100 metres to run. Mr Ferguson was trailing Mr Salaivao and prior to the 1100 metres mark he moved out 3 wide to improve his position. At that stage Mr Butcher moved 3 wide also and Mr Salaivao followed him. In his movement Mr Salaivao forced Mr Ferguson 4 wide and because this was outside the 1000 metres mark he breached the Pushout Rules.
Mr Phelan said Mr Salaivao was merely following Mr Butcher and once he had moved out he could not get back down because another horse had moved up inside him.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and accordingly the charge is proved.
sumissionsforpenalty:
Mr Ydgren said this incident was at the lower end of the scale He said that even though Mr Ferguson had been pushed 4 wide he only lost one position in the incident. He asked the Committee to take into account the fact that Mr Salaivao was a Junior Driver , his admission of the breach and that he had a clear record. He is relatively inexperienced in that he has only had 25 lifetime drives.
He submitted that a fine of $200.00 or suspension of Licence for 3 racedays would be appropriate.
Mr Phelan submitted that a suspension would be more appropriate because a fine would have a significant impact on Mr Salaivao considering that this matter was at the very low end of the scale. He confirmed that Mr Salaivao only drives in the Waikato area.
reasonsforpenalty:
We have viewed the films and listened to the parties and we agree that this incident is at the very low end of the scale. The 1000 metres mark is clearly shown on this track even though it is a large grass track. We believe that Mr Salaivao may have been thinking more about following Mr Butcher rather than where he was on the track.
The problem however is that drivers generally make their moves prior to the 1000 metres mark to get a better position and this is clearly what Mr Ferguson was doing.
We have taken into account the mitigating factors put to us by Messrs Ydgren and Phelan and we believe that this can be dealt with by a short suspension of Mr Salaivao's Licence. We are grateful to Mr Phelan for advising us that Mr Salaivao at present only drives in the Waikato area. We have therefore not taken into account the Northland meeting on the 7th of January 2014 nor have we taken into account the Auckland Premier meeting on the 29th of December 2013 because Mr Salaivao would not be eligible to drive there.
Mr Salaivao did not seek any deferment of suspension.
penalty:
We suspend Mr Salaivao's Driving Licence from today up to the conclusion of Racing on the 10th of January 2014. This is effectively 2 driving days being Harness Racing Waikato meetings on the 3rd and 10th of January 2014.
hearing_type: Hearing
Rules: Rules 869(4) and 869(6) (b) & (c)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr M Salaivao - Junior Horseman
Otherperson: Mr S Phelan - Senior Driver assisting Mr Salaivao
PersonPresent:
Respondent:
StipendSteward:
raceid: aee212faa04ff22277cf31844e755533
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 911229b2f3c4a52c7e7647d7c5f64cb4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2013
meet_title: Harness Racing Waikato - 29 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato