Waikato BOP H – 12 January 2018 – R 1 – Chair, Mr A Dooley
ID: JCA15765
Meet Title:
Harness Racing Waikato - 12 January 2018
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2018/01/12
Race Number:
R1
Decision:
As Mr Schumacher admitted the breach the Committee found the charge proved.
Penalty:
Mr Schumacher was fined $250.
Facts:
Following the running of race 1, Happy Hour @ Cambridge Raceway, an Information was filed pursuant to Rule 869(3)(b). The Informant, Mr Mulcay, alleged that Mr Schumacher driving EMILY BLUNT with 650 metres to run contacted the wheel of the sulky of ROYAL LINCOLN resulting in the tyre coming adrift with that colt being pulled up
Mr Schumacher acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr P Ferguson assisted Mr Schumacher at the hearing.
Rule 869(3)(b) provides: No horseman in any race shall drive carelessly
Mr Mulcay identified on the video films that Mr Schumacher allowed his horse to shift out near the 650 metres and in doing so he contacted the off side sulky wheel of ROYAL LINCOLN. He said the consequences were detrimental to ROYAL LINCOLN with its chances extinguished.
Mr Schumacher said that he came out a little bit and admitted his horse made contact with ROYAL LINCOLN’S sulky wheel. He said when he came out EMILY BLUNT “grabbed the bit” which contributed to the incident.
Mr Ferguson said that Mr Schumacher was successful in flushing Mr Butcher the driver of ROYAL LINCOLN out. He said Mr Schumacher was a bit unfortunate because EMILY BLUNT had got a bit keen in the running.
Submissions for Penalty:
Mr Mulcay produced Mr Schumacher’s record which showed no previous breach under this Rule. He said Mr Schumacher admitted the breach and the incident was in the low range. He said the aggravating factor was ROYAL LINCOLN had its chances extinguished in the race. Mr Mulcay said that the JCA Penalty Guide has a starting point of 6 drives or a $300 fine.
Mr Ferguson asked the Committee to take into account similar breaches when considering penalty.
Mr Schumacher said that he would prefer a fine over a suspension.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee adopted the JCA starting point of a $300 fine.
The significant aggravating fact was as a result of Mr Schumacher’s actions ROYAL LINCOLN had its chances extinguished when the sulky wheel tyre punctured and came off the rim. The horse was pulled up from the race.
The mitigating factors were Mr Schumacher’s admission of the breach, clear record and we had regard for his status.
After taking into account all the above factors the Committee considers an appropriate fine was $250.
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: cd422bf540baa970b56e5566f0137001
informantnumber: A2644
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 12/01/2018
hearing_title: Waikato BOP H - 12 January 2018 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Happy Hour @ Cambridge Raceway, an Information was filed pursuant to Rule 869(3)(b). The Informant, Mr Mulcay, alleged that Mr Schumacher driving EMILY BLUNT with 650 metres to run contacted the wheel of the sulky of ROYAL LINCOLN resulting in the tyre coming adrift with that colt being pulled up
Mr Schumacher acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr P Ferguson assisted Mr Schumacher at the hearing.
Rule 869(3)(b) provides: No horseman in any race shall drive carelessly
Mr Mulcay identified on the video films that Mr Schumacher allowed his horse to shift out near the 650 metres and in doing so he contacted the off side sulky wheel of ROYAL LINCOLN. He said the consequences were detrimental to ROYAL LINCOLN with its chances extinguished.
Mr Schumacher said that he came out a little bit and admitted his horse made contact with ROYAL LINCOLN’S sulky wheel. He said when he came out EMILY BLUNT “grabbed the bit” which contributed to the incident.
Mr Ferguson said that Mr Schumacher was successful in flushing Mr Butcher the driver of ROYAL LINCOLN out. He said Mr Schumacher was a bit unfortunate because EMILY BLUNT had got a bit keen in the running.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Schumacher admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Mulcay produced Mr Schumacher’s record which showed no previous breach under this Rule. He said Mr Schumacher admitted the breach and the incident was in the low range. He said the aggravating factor was ROYAL LINCOLN had its chances extinguished in the race. Mr Mulcay said that the JCA Penalty Guide has a starting point of 6 drives or a $300 fine.
Mr Ferguson asked the Committee to take into account similar breaches when considering penalty.
Mr Schumacher said that he would prefer a fine over a suspension.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee adopted the JCA starting point of a $300 fine.
The significant aggravating fact was as a result of Mr Schumacher’s actions ROYAL LINCOLN had its chances extinguished when the sulky wheel tyre punctured and came off the rim. The horse was pulled up from the race.
The mitigating factors were Mr Schumacher’s admission of the breach, clear record and we had regard for his status.
After taking into account all the above factors the Committee considers an appropriate fine was $250.
penalty:
Mr Schumacher was fined $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr F Schumacher - Junior Horseman
Otherperson: Mr P Ferguson - Open Horseman assisting Mr Schumacher
PersonPresent:
Respondent:
StipendSteward:
raceid: e811fb1f2147cf7a9a8a5a0f868c88ff
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4bdbd103728139767330ec0c01e44c39
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/01/2018
meet_title: Harness Racing Waikato - 12 January 2018
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