Auckland TC 12 March 2021 – R 9 – Chair, Mr A Godsalve
ID: JCA13276
Meet Title:
Auckland TC - 12 March 2021
Meet Chair:
AGodsalve
Race Date:
2021/03/12
Race Number:
R9
Decision:
As Mr Kriechbaumer has admitted the breach the charge is proved.
Penalty:
The Committee imposed a fine of $200 on Mr Kriechbaumer.
Facts:
Following the running of Race 9 Mr Mulcay submitted an Information alleging that Mr Kriechbaumer 'shifted his gelding inwards over the marker pegs rounding the final bend'.
Mr Kriechbaumer, assisted by Mr Abernethy was present at the hearing. Initially he indicated on the Information that he did not admit the breach, however shortly after the hearing began he had a discussion with Mr Abernethy in private.
When the hearing resumed Mr Kriechbaumer indicated that he wished to change his plea and the Information was noted accordingly. The hearing resumed on that basis.
Rule 869(7A)(b) says : 'Every driver who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line'.
Using the films Mr Mulcay identified the horse MR INCREDIBLE as the field beared the final straight. Coming around the bend Mr Mulcay demonstrated that MR INCREDIBLE who was racing on the markers, attempted to improve on the inside of KAYLA MAGUIRE. Mr Mulcay stated that there was never sufficient room for Mr Kriechbaumer to do what he was attempting to do. As a result MR INCREDIBLE ran over between 6-7 marker pegs. Mr Mulcay said as there had been insufficient room for MR INCREDIBLE Mr Kriechbaumer's actions were unacceptable.
Mr Kriechbaumer said that he had driven MR INCREDIBLE previously at Auckland. He added that the horse 'is a problem' when racing on the course and that he had tried to change things in this race but it had not worked. He added that he would decline any further driving opportunities on the horse.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides a fine of $200 or a 4 drive suspension. He said that as MR INCREDIBLE had finished out of a dividend bearing position the Stewards believed a fine would be a sufficient penalty.
Mr Kriechbaumer had no prior breaches of the Rule.
Mr Kriechbaumer said he accepted that a fine was inevitable.
Reasons for Penalty:
The Committee accepted that there was some mitigating factors in the incident in that the horse had a history of being difficult when racing right handed. Mr Kriechbaumer attempted to improve his drive when there was not enough room and should have anticipated earlier that he was not in a good position approaching the home turn. The Committee agrees that a fine would be an appropriate penalty.
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: 5b6ec06802b231789494b88fb1b32700
informantnumber: A12989
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Running over marker pegs
plea: admitted
penaltyrequired: 1
decisiondate: 15/03/2021
hearing_title: Auckland TC 12 March 2021 - R 9 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 9 Mr Mulcay submitted an Information alleging that Mr Kriechbaumer 'shifted his gelding inwards over the marker pegs rounding the final bend'.
Mr Kriechbaumer, assisted by Mr Abernethy was present at the hearing. Initially he indicated on the Information that he did not admit the breach, however shortly after the hearing began he had a discussion with Mr Abernethy in private.
When the hearing resumed Mr Kriechbaumer indicated that he wished to change his plea and the Information was noted accordingly. The hearing resumed on that basis.
Rule 869(7A)(b) says : 'Every driver who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line'.
Using the films Mr Mulcay identified the horse MR INCREDIBLE as the field beared the final straight. Coming around the bend Mr Mulcay demonstrated that MR INCREDIBLE who was racing on the markers, attempted to improve on the inside of KAYLA MAGUIRE. Mr Mulcay stated that there was never sufficient room for Mr Kriechbaumer to do what he was attempting to do. As a result MR INCREDIBLE ran over between 6-7 marker pegs. Mr Mulcay said as there had been insufficient room for MR INCREDIBLE Mr Kriechbaumer's actions were unacceptable.
Mr Kriechbaumer said that he had driven MR INCREDIBLE previously at Auckland. He added that the horse 'is a problem' when racing on the course and that he had tried to change things in this race but it had not worked. He added that he would decline any further driving opportunities on the horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Kriechbaumer has admitted the breach the charge is proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides a fine of $200 or a 4 drive suspension. He said that as MR INCREDIBLE had finished out of a dividend bearing position the Stewards believed a fine would be a sufficient penalty.
Mr Kriechbaumer had no prior breaches of the Rule.
Mr Kriechbaumer said he accepted that a fine was inevitable.
reasonsforpenalty:
The Committee accepted that there was some mitigating factors in the incident in that the horse had a history of being difficult when racing right handed. Mr Kriechbaumer attempted to improve his drive when there was not enough room and should have anticipated earlier that he was not in a good position approaching the home turn. The Committee agrees that a fine would be an appropriate penalty.
penalty:
The Committee imposed a fine of $200 on Mr Kriechbaumer.
hearing_type: Hearing
Rules: 869(7a)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J Kriechbaumer - Advanced Amateur Driver
Otherperson: Mr J Abernethy - Open Driver assisting Mr Kriechbaumer
PersonPresent:
Respondent:
StipendSteward:
raceid: 329c4d5f27f115b57562ad737b733989
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 025e692e1a4d529ee2e8bbad55dcf971
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/03/2021
meet_title: Auckland TC - 12 March 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: none
meet_pm2: none
name: Auckland TC