Waikato BOP H 5 December 2019 – R 5 – Chair, Mr A Godsalve
ID: JCA13985
Meet Title:
Harness Racing Waikato - 5 December 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2019/12/05
Race Number:
R5
Decision:
As Mr Robinson has admitted the breach we find the charge established.
Penalty:
Accordingly we imposed a fine of $300 on Mr Robinson.
Facts:
Following the running of Race 5, the Pak N Save Te Awamutu Mobile Pace 2200m, Mr Mulcay submitted an Information in which he alleged that Mr Robinson:
'drove carelessly allowing MAJOR BLINK to shift ground outward near the 100 metres, making contact with his sulky with the hind leg of COOL AND CALCULATING causing it to pace roughly'.
Mr Robinson was present at the hearing at which he acknowledged that:
(a) He understood the Rule, and
(b) He admitted the breach.
Rule 869(3)(b) says 'No horseman in any race shall drive carelessly'.
Using the films Mr Mulcay identified the horse MAJOR BLINK as it entered the home straight. The horse was near the marker pegs, and Mr Mulcay pointed out that Mr Robinson used his left hand to release the deafeners. In doing so MAJOR BLINK moved outwards and made contact with the front leg of COOL AND CALCULATING which had been racing on its outside as the field neared the 100 metres mark. Mr Mulcay said that COOL AND CALCULATING had probably run its race by that time and was battling, and the incident referred to only caused it to lose more ground. Mr Mulcay added however that irrespective of that, the onus was on Mr Robinson to drive his horse correctly, keep it in a straight line , and not interfere with any other horses in the race.
Mr Robinson said that while he admitted the breach, he wished to add that the horse on his outside (COOL AND CALCULATING) had been tiring at the time and he felt that it had contributed to the incident in a minor way.
Submissions for Penalty:
Mr Mulcay stated that Mr Robinson had a clear record in respect of breaches of this Rule, and in fact tonight's drive had only been his 3rd for the season so far. He said Mr Robinson had a total of 38 drives during the preceding season, and added that the Stewards believed the incident fell into the 'low' range on a scale of seriousness. Mr Mulcay added that it appeared that Mr Robinson had been attempting to activate gear and in doing so he had failed to keep a straight line, leading to this charge.
Referring to the JCA Penalty Guide, Mr Mulcay said the Guide indicated a starting point of a 10 drive suspension or a $500 fine. He said he believed the breach could be dealt with by way of a fine and suggested that it be $250.
Mr Robinson said that MAJOR BLINK was a difficult horse to drive and he was hesitant to put other drivers on the horse, and therefore said he would prefer the matter to be dealt with by way of a fine.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide provides starting points of a 10 drive suspension or a $500. We viewed the films ourselves and observed that in addition to attempting to activate the deafeners with his left hand, Mr Robinson was also attempting to use his whip with his right hand. In doing so we believed he was not showing due care and attention to his control of the horse at a critical point of the race which we considered to be an aggravating factor. We therefore deemed the incident to be in the mid range, and while taking Mr Robinson's admission and record into consideration we believed a fine of above the $250 suggested by Mr Mulcay to 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: 87c5fe06e6d0563400734373b2367a7e
informantnumber: A12216
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Drives carelessly causing interference
plea: admitted
penaltyrequired: 1
decisiondate: 06/12/2019
hearing_title: Waikato BOP H 5 December 2019 - R 5 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 5, the Pak N Save Te Awamutu Mobile Pace 2200m, Mr Mulcay submitted an Information in which he alleged that Mr Robinson:
'drove carelessly allowing MAJOR BLINK to shift ground outward near the 100 metres, making contact with his sulky with the hind leg of COOL AND CALCULATING causing it to pace roughly'.
Mr Robinson was present at the hearing at which he acknowledged that:
(a) He understood the Rule, and
(b) He admitted the breach.
Rule 869(3)(b) says 'No horseman in any race shall drive carelessly'.
Using the films Mr Mulcay identified the horse MAJOR BLINK as it entered the home straight. The horse was near the marker pegs, and Mr Mulcay pointed out that Mr Robinson used his left hand to release the deafeners. In doing so MAJOR BLINK moved outwards and made contact with the front leg of COOL AND CALCULATING which had been racing on its outside as the field neared the 100 metres mark. Mr Mulcay said that COOL AND CALCULATING had probably run its race by that time and was battling, and the incident referred to only caused it to lose more ground. Mr Mulcay added however that irrespective of that, the onus was on Mr Robinson to drive his horse correctly, keep it in a straight line , and not interfere with any other horses in the race.
Mr Robinson said that while he admitted the breach, he wished to add that the horse on his outside (COOL AND CALCULATING) had been tiring at the time and he felt that it had contributed to the incident in a minor way.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Robinson has admitted the breach we find the charge established.
sumissionsforpenalty:
Mr Mulcay stated that Mr Robinson had a clear record in respect of breaches of this Rule, and in fact tonight's drive had only been his 3rd for the season so far. He said Mr Robinson had a total of 38 drives during the preceding season, and added that the Stewards believed the incident fell into the 'low' range on a scale of seriousness. Mr Mulcay added that it appeared that Mr Robinson had been attempting to activate gear and in doing so he had failed to keep a straight line, leading to this charge.
Referring to the JCA Penalty Guide, Mr Mulcay said the Guide indicated a starting point of a 10 drive suspension or a $500 fine. He said he believed the breach could be dealt with by way of a fine and suggested that it be $250.
Mr Robinson said that MAJOR BLINK was a difficult horse to drive and he was hesitant to put other drivers on the horse, and therefore said he would prefer the matter to be dealt with by way of a fine.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide provides starting points of a 10 drive suspension or a $500. We viewed the films ourselves and observed that in addition to attempting to activate the deafeners with his left hand, Mr Robinson was also attempting to use his whip with his right hand. In doing so we believed he was not showing due care and attention to his control of the horse at a critical point of the race which we considered to be an aggravating factor. We therefore deemed the incident to be in the mid range, and while taking Mr Robinson's admission and record into consideration we believed a fine of above the $250 suggested by Mr Mulcay to be an appropriate penalty.
penalty:
Accordingly we imposed a fine of $300 on Mr Robinson.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J Robinson-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c9194c043ed30f24c5f053f5f325f04c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ee25cfaa96727e6c923c8047a53a753e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/12/2019
meet_title: Harness Racing Waikato - 5 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Harness Racing Waikato