Archive Decision

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NZ Metro TC 29 January 2021 – R 9 – Chair, Mr R McKenzie

ID: JCA14162

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
B T Hope, Licensed Junior Driver

Other Person:
R D Holmes, Licensed Open Driver

Information Number:
A12399

Hearing Type:
Hearing

New Charge:
Failing to Drive Out

Rules:
868(3)

Plea:
admitted

Meet Title:
NZ Metro TC - 29 January 2021

Meet Chair:
RMcKenzie

Meet Committee Member 1:
OJarvis

Race Date:
2021/01/29

Race Number:
R9

Decision:

Mr Hope having admitted the breach, it was found proved.

Penalty:

Mr Hope is fined the sum of $200.

Facts:

Following the running of Race 9, SBSR – Visit HarnessLink & HRNZ For Yearling Videos Mobile Pace, an Information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr B T Hope, alleging that, as the driver of LUELLA in the race, he “failed to drive the mare to the end of the race when having a reasonable chance of finishing in 5th position”.

Mr Hope had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He confirmed this at the hearing at which he was present. He was assisted at the hearing by Licensed Open Driver, Mr R D Holmes.

Rule 868 provides as follows;

(3) Every driver shall drive his or her horse out to the end of the race if he or she has any reasonable chance of running first, second, third, fourth, or fifth.

Mr Renault pointed out Mr Hope, driving LUELLA, which had been racing outside the leader turning into the home straight, racing in a clear 5th position passing the 100 metres. The mare was beginning to tire and, inside the final 50 metres, it was run down by the inside runner, BOOM, and was beaten by a very narrow margin into 6th placing, Mr Renault said. Until the 50 metres, Mr Hope had been driving the horse out but, from that point, Mr Renault submitted, he took no action to urge the horse.

Mr Hope said the matter was “pretty clearcut”. He said that in his opinion the horse was “all done” and, while he has been taught not to hit a tired horse, he accepted that he could have been seen to be doing something, but he did not believe that his horse would necessarily have gone any faster.

Mr Holmes agreed that the breach was quite clear and Mr Hope was aware of what he had done wrong and would learn from it. 

Submissions for Penalty:

Mr Renault told the Committee that Mr Hope has had 206 drives to date in the current season and, last season, had a total of 257 drives. He is a very busy junior driver. He believed that this was the first time that Mr Hope had been charged under the Rule, and Mr Hope agreed.

The Penalty Guide starting point for a breach of the Rule where the placing lost is 5th is a $200 fine or a 4-drives suspension, Mr Renault said. The appropriate penalty in this case would be a fine of $200, he submitted.

Mr Hope had no submissions to make regarding penalty. 

Reasons for Penalty:

This was a clear breach of the Rule but, having said that, not a serious one. The Committee was aware that, obviously, it was not a dividend-bearing placing that was involved and, furthermore, the difference in the stake payable for 5th as opposed to 6th was only $125.

The Committee noted the Penalty Guide starting point of a $200 fine which, in its view, was an appropriate penalty. To have allowed a discount for the mitigating factors of Mr Hope’s good record, his admission of the breach and his junior driver status, would have rendered any penalty less than $200 inadequate.

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: a0da20874c6287326d008531f1d07fa7


informantnumber: A12399


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failing to Drive Out


plea: admitted


penaltyrequired: 1


decisiondate: 02/02/2021


hearing_title: NZ Metro TC 29 January 2021 - R 9 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 9, SBSR – Visit HarnessLink & HRNZ For Yearling Videos Mobile Pace, an Information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr B T Hope, alleging that, as the driver of LUELLA in the race, he “failed to drive the mare to the end of the race when having a reasonable chance of finishing in 5th position”.

Mr Hope had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He confirmed this at the hearing at which he was present. He was assisted at the hearing by Licensed Open Driver, Mr R D Holmes.

Rule 868 provides as follows;

(3) Every driver shall drive his or her horse out to the end of the race if he or she has any reasonable chance of running first, second, third, fourth, or fifth.

Mr Renault pointed out Mr Hope, driving LUELLA, which had been racing outside the leader turning into the home straight, racing in a clear 5th position passing the 100 metres. The mare was beginning to tire and, inside the final 50 metres, it was run down by the inside runner, BOOM, and was beaten by a very narrow margin into 6th placing, Mr Renault said. Until the 50 metres, Mr Hope had been driving the horse out but, from that point, Mr Renault submitted, he took no action to urge the horse.

Mr Hope said the matter was “pretty clearcut”. He said that in his opinion the horse was “all done” and, while he has been taught not to hit a tired horse, he accepted that he could have been seen to be doing something, but he did not believe that his horse would necessarily have gone any faster.

Mr Holmes agreed that the breach was quite clear and Mr Hope was aware of what he had done wrong and would learn from it. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Hope having admitted the breach, it was found proved.


sumissionsforpenalty:

Mr Renault told the Committee that Mr Hope has had 206 drives to date in the current season and, last season, had a total of 257 drives. He is a very busy junior driver. He believed that this was the first time that Mr Hope had been charged under the Rule, and Mr Hope agreed.

The Penalty Guide starting point for a breach of the Rule where the placing lost is 5th is a $200 fine or a 4-drives suspension, Mr Renault said. The appropriate penalty in this case would be a fine of $200, he submitted.

Mr Hope had no submissions to make regarding penalty. 


reasonsforpenalty:

This was a clear breach of the Rule but, having said that, not a serious one. The Committee was aware that, obviously, it was not a dividend-bearing placing that was involved and, furthermore, the difference in the stake payable for 5th as opposed to 6th was only $125.

The Committee noted the Penalty Guide starting point of a $200 fine which, in its view, was an appropriate penalty. To have allowed a discount for the mitigating factors of Mr Hope’s good record, his admission of the breach and his junior driver status, would have rendered any penalty less than $200 inadequate.


penalty:

Mr Hope is fined the sum of $200.


hearing_type: Hearing


Rules: 868(3)


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: B T Hope, Licensed Junior Driver


Otherperson: R D Holmes, Licensed Open Driver


PersonPresent:


Respondent:


StipendSteward:


raceid: 648151c570d04b2f1ce8165b8ef52abf


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: 2c03deb5cbd58285d506b7b5c8d96f58


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/01/2021


meet_title: NZ Metro TC - 29 January 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: OJarvis


meet_pm2: none


name: NZ Metro TC