HR Waikato 25 October 2015 – R 5 – Chair, Mr A Dooley
ID: JCA15182
Meet Title:
Harness Racing Waikato - 25 October 2015
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2015/10/25
Race Number:
R5
Decision:
As Mr Abernethy admitted the breach we find the charge proved.
Penalty:
Accordingly, Mr Abernethy was fined the sum of $400.
Facts:
Following the running of race 5, Fairview Motors Cambridge Mobile Pace, an Information was filed pursuant to rule 869(3)(b). The Informant, Mr Muirhead alleged that Mr Abernethy drove RIO GRAND carelessly causing interference to SOLDIER (M McKendry) which in turn resulted in interference to PURE CHRISTIAN (M Johnson) passing the 400 metres.
Mr Abernethy acknowledged that he understood the rule and admitted the breach.
Rule 869(3)(b) provides - No horseman in any race shall drive carelessly.
Mr Muirhead advised this breach was as a result of the relegation of RIO GRAND.
Mr Muirhead demonstrated on the available video footage that passing the 400 metres Mr Abernethy permitted RIO GRAND to shift in when not sufficiently clear of SOLDIER with that horse's front legs being contacted causing interference. This in turn resulted in PURE CHRISTIAN being badly hampered losing several lengths. He added that Mr Abernethy did try and take corrective action when Mr McKendry called out to him but it was too late.
Mr Abernethy told the Committee that he thought he was clear when shifting in and conceded he misjudged the incident by 1 or 2 strides. He added that his horse hung in on the bend which contributed to the interference.
Submissions for Penalty:
Mr Muirhead produced Mr Abernethy’s record which showed no previous breach of this rule in the last 12 months. He said Mr Abernethy should be given credit for his admission of the breach. He referred to the JCA Penalty Guide for careless driving causing a relegation which recommends a 3 day suspension as a starting point. He said the level of carelessness was low end and the incident occurred at a low level race meeting. He added in mitigation Mr Abernethy has not been training the horse long and it had a tendency to hang in on the bends.
Mr Abernethy advised the horse was having its 3rd start for him and he would be making some gear changes when it races next. He asked for a fine if possible instead of a suspension due to his upcoming engagements.
Reasons for Penalty:
The Committee carefully considered all of the evidence and submissions presented. The mitigating factors were Mr Abernethy’s admission of the breach, his excellent record under this rule and we assess the level of carelessness was low end for which he has been given credit. We accept the racing manners of his horse may have contributed to the incident and the leading horse moved off the marker line just prior to the incident.
However, the impact of Mr Abernethy’s actions resulted in 2 horses having their progress impeded and his horse was subsequently relegated from 3rd to 5th place for causing the interference. This was an aggravating fact.
Since the revised JCA penalty guidelines came into force on 1 May 2015 there have been a limited number of penalties issued for careless driving causing a relegation.
In our opinion the circumstances of this breach did not warrant a suspension.
After taking into account all of the above and placing emphasis on the significant mitigating factors we consider an appropriate penalty was a $400 fine.
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: 732c5e8ae8dd7cdced1072c8b63f97f7
informantnumber: A3681
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 27/10/2015
hearing_title: HR Waikato 25 October 2015 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Fairview Motors Cambridge Mobile Pace, an Information was filed pursuant to rule 869(3)(b). The Informant, Mr Muirhead alleged that Mr Abernethy drove RIO GRAND carelessly causing interference to SOLDIER (M McKendry) which in turn resulted in interference to PURE CHRISTIAN (M Johnson) passing the 400 metres.
Mr Abernethy acknowledged that he understood the rule and admitted the breach.
Rule 869(3)(b) provides - No horseman in any race shall drive carelessly.
Mr Muirhead advised this breach was as a result of the relegation of RIO GRAND.
Mr Muirhead demonstrated on the available video footage that passing the 400 metres Mr Abernethy permitted RIO GRAND to shift in when not sufficiently clear of SOLDIER with that horse's front legs being contacted causing interference. This in turn resulted in PURE CHRISTIAN being badly hampered losing several lengths. He added that Mr Abernethy did try and take corrective action when Mr McKendry called out to him but it was too late.
Mr Abernethy told the Committee that he thought he was clear when shifting in and conceded he misjudged the incident by 1 or 2 strides. He added that his horse hung in on the bend which contributed to the interference.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Abernethy admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead produced Mr Abernethy’s record which showed no previous breach of this rule in the last 12 months. He said Mr Abernethy should be given credit for his admission of the breach. He referred to the JCA Penalty Guide for careless driving causing a relegation which recommends a 3 day suspension as a starting point. He said the level of carelessness was low end and the incident occurred at a low level race meeting. He added in mitigation Mr Abernethy has not been training the horse long and it had a tendency to hang in on the bends.
Mr Abernethy advised the horse was having its 3rd start for him and he would be making some gear changes when it races next. He asked for a fine if possible instead of a suspension due to his upcoming engagements.
reasonsforpenalty:
The Committee carefully considered all of the evidence and submissions presented. The mitigating factors were Mr Abernethy’s admission of the breach, his excellent record under this rule and we assess the level of carelessness was low end for which he has been given credit. We accept the racing manners of his horse may have contributed to the incident and the leading horse moved off the marker line just prior to the incident.
However, the impact of Mr Abernethy’s actions resulted in 2 horses having their progress impeded and his horse was subsequently relegated from 3rd to 5th place for causing the interference. This was an aggravating fact.
Since the revised JCA penalty guidelines came into force on 1 May 2015 there have been a limited number of penalties issued for careless driving causing a relegation.
In our opinion the circumstances of this breach did not warrant a suspension.
After taking into account all of the above and placing emphasis on the significant mitigating factors we consider an appropriate penalty was a $400 fine.
penalty:
Accordingly, Mr Abernethy was fined the sum of $400.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead -Stipendiary Steward
JockeysandTrainer: Mr J Abernethy - Licensed Horseman
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f20d7df072b25f913022a097252f8f62
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: a9d09eb1aa4b815e602b9ed098f27b6a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/10/2015
meet_title: Harness Racing Waikato - 25 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato