HR Waikato 14 May 2015 – R 1
ID: JCA16274
Meet Title:
Harness Racing Waikato - 14 May 2015
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2015/05/14
Race Number:
R1
Decision:
The Committee found that the elements of the charge had been satisfied and the charge is therefore proved.
Penalty:
Mr Cronin is therefore suspended from holding a drivers licence, to take effect after racing tonight and conclude after racing on 23 July 2015, a period of 10 weeks.
Facts:
Following the running of race 1, the DUNSTAN FEEDS AMATEUR DRIVERS MOBILE PACE, Mr Mulcay lodged an Information pursuant to Rule 868(2) against Advanced Amateur Driver Mr G. Cronin the driver of LOLA JONES. Mr Cronin was present at the hearing and denied the breach. He was assisted by Open Horseman Mr J Abernethy.
Since this charge is relatively serious Mr Cronin was offered the opportunity to have it heard at a later time. He informed the Committee that he wished this charge to be dealt with immediately.
The Charge read that Mr Cronin 'failed to take all reasonable and permissible measures between the 1900 metres and the 1500 metres by maintaining the lead when challenged by GOD FORBID and that this has resulted in LOLA JONES tiring badly over the final stages".
Rule 868(2) provides ' every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place'.
Submissions for Decision:
Mr Mulcay opened his submissions by informing the Committee that LOLA JONES, driven by Mr Cronin, was at odds of 45 to 1, while the other horse named in the charge GOD FORBID was the $2.50 favourite for the race.
Using the available video films Mr Mulcay identified the horses. He pointed out that LOLA JONES had started the race from position 1 behind the mobile barrier. He pointed out that at the start Mr Cronin had driven the horse out with the whip in an effort to obtain the lead. GOD FORBID on its outer challenged for the lead. As the field passed the 1900 metres mark Mr Cronin was still driving his mount out to maintain the lead, and only relented the lead at about the 1500 metres mark. Mr Mulcay said that the 'lead time' for that distance was 40.4 seconds which was about 2 seconds faster than normal for horses of that class. Mr Mulcay pointed out that with about 500 metres of the race to go LOLA JONES began to give ground and eventually finished towards the rear of the field, being beaten by approximately 29 lengths. Mr Mulcay said that the area of concern to the Stewards was between the 1900 and 1500 metres when there were measures available to Mr Cronin when it would have been reasonable and permissible for him to hand over the lead to GOD FORBID. He added that it was clear that Mr Cronin's actions of attempting to maintain the lead had been to the detriment of LOLA JONES' chances of finishing in a better position than it did. For these actions, Mr Mulcay advised the Committee, that the Stewards believed Mr Cronin was culpable and was deserved the appropriate penalty.
Mr Cronin stated that in all of his previous drives behind LOLA JONES he had driven her behind other horses. He said that at the work-outs recently another driver had driven her and she had assumed a position in or near the front. As a result of what that driver told him, Mr Cronin said that tonight he had decided to drive her 'forward'. He said his plan was to make GOD FORBID work harder to cross him and get the lead, then he planned to get the 'sit' behind that horse. In reply to a question from Mr Cronin about his options in the race, Mr Mulcay told him that his best option was to have taken a sit behind GOD FORBID and not over-exert his horse in the early stages of the race the way he had done. The Committee asked Mr Cronin if he had not considered that he was travelling too fast in the early part of the race given that the lead time was some 2 seconds faster than normal. It was pointed out that GOD FORBID was a well performed horse who recently had been leading in its races.
Reasons for Decision:
The Committee considered all of the submissions and took into account the films of the race. The evidence clearly showed that Mr Cronin had persisted in trying to maintain his position too long, thereby denying his horse the opportunity to finish in the best position it could.
Submissions for Penalty:
Mr Mulcay produced Mr Cronin's driving record which to date showed only one breach for an unrelated matter. He said that Mr Cronin had only recently commenced driving in races.
He said the JCA Penalty Guide showed a starting point of a suspension of 15 drives or a fine of $750 for a breach of this Rule.
Mr Mulcay drew the Committee's attention to 2 other breaches of this Rule by Amateur drivers.
Mr Frampton was suspended for 10 weeks for a similar breach which resulted in his horse's chances being detrimentally affected.
Mrs Oakley was also suspended for 10 weeks, again for driving in a manner similar to Mr Cronin. Mr Mulcay submitted that the Stewards felt a similar suspension should apply to Mr Cronin.
Mr Cronin told the Committee that he 'loved driving in races'. He said that is why he owned LOLA JONES. Mr Cronin added that he would prefer a suspension as he was not in a position to pay a fine, and asked that the Committee show some leniency.
Mr Abernethy had nothing to add.
Reasons for Penalty:
The Committee takes into account Mr Cronin's clear record to date of breaches of this Rule. It is clear from the submissions that a period of suspension from driving is an appropriate penalty. We are guided by the JCA Penalty Guide which indicates a fine of $750 or a suspension of 15 drives as starting points. We have to be guided by the two recent decisions referred to by Mr Mulcay. We are mindful that Mr Cronin should be given the opportunity to drive in trials and workouts, and any suspension of his Amateur drivers licence will not prevent him from doing that.
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: d3200122588caecce37080094662246c
informantnumber: A3670
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Fails to take all reasonable and permissable measures
plea: denied
penaltyrequired: 1
decisiondate: 06/05/2015
hearing_title: HR Waikato 14 May 2015 - R 1
charge:
facts:
Following the running of race 1, the DUNSTAN FEEDS AMATEUR DRIVERS MOBILE PACE, Mr Mulcay lodged an Information pursuant to Rule 868(2) against Advanced Amateur Driver Mr G. Cronin the driver of LOLA JONES. Mr Cronin was present at the hearing and denied the breach. He was assisted by Open Horseman Mr J Abernethy.
Since this charge is relatively serious Mr Cronin was offered the opportunity to have it heard at a later time. He informed the Committee that he wished this charge to be dealt with immediately.
The Charge read that Mr Cronin 'failed to take all reasonable and permissible measures between the 1900 metres and the 1500 metres by maintaining the lead when challenged by GOD FORBID and that this has resulted in LOLA JONES tiring badly over the final stages".
Rule 868(2) provides ' every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place'.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay opened his submissions by informing the Committee that LOLA JONES, driven by Mr Cronin, was at odds of 45 to 1, while the other horse named in the charge GOD FORBID was the $2.50 favourite for the race.
Using the available video films Mr Mulcay identified the horses. He pointed out that LOLA JONES had started the race from position 1 behind the mobile barrier. He pointed out that at the start Mr Cronin had driven the horse out with the whip in an effort to obtain the lead. GOD FORBID on its outer challenged for the lead. As the field passed the 1900 metres mark Mr Cronin was still driving his mount out to maintain the lead, and only relented the lead at about the 1500 metres mark. Mr Mulcay said that the 'lead time' for that distance was 40.4 seconds which was about 2 seconds faster than normal for horses of that class. Mr Mulcay pointed out that with about 500 metres of the race to go LOLA JONES began to give ground and eventually finished towards the rear of the field, being beaten by approximately 29 lengths. Mr Mulcay said that the area of concern to the Stewards was between the 1900 and 1500 metres when there were measures available to Mr Cronin when it would have been reasonable and permissible for him to hand over the lead to GOD FORBID. He added that it was clear that Mr Cronin's actions of attempting to maintain the lead had been to the detriment of LOLA JONES' chances of finishing in a better position than it did. For these actions, Mr Mulcay advised the Committee, that the Stewards believed Mr Cronin was culpable and was deserved the appropriate penalty.
Mr Cronin stated that in all of his previous drives behind LOLA JONES he had driven her behind other horses. He said that at the work-outs recently another driver had driven her and she had assumed a position in or near the front. As a result of what that driver told him, Mr Cronin said that tonight he had decided to drive her 'forward'. He said his plan was to make GOD FORBID work harder to cross him and get the lead, then he planned to get the 'sit' behind that horse. In reply to a question from Mr Cronin about his options in the race, Mr Mulcay told him that his best option was to have taken a sit behind GOD FORBID and not over-exert his horse in the early stages of the race the way he had done. The Committee asked Mr Cronin if he had not considered that he was travelling too fast in the early part of the race given that the lead time was some 2 seconds faster than normal. It was pointed out that GOD FORBID was a well performed horse who recently had been leading in its races.
reasonsfordecision:
The Committee considered all of the submissions and took into account the films of the race. The evidence clearly showed that Mr Cronin had persisted in trying to maintain his position too long, thereby denying his horse the opportunity to finish in the best position it could.
Decision:
The Committee found that the elements of the charge had been satisfied and the charge is therefore proved.
sumissionsforpenalty:
Mr Mulcay produced Mr Cronin's driving record which to date showed only one breach for an unrelated matter. He said that Mr Cronin had only recently commenced driving in races.
He said the JCA Penalty Guide showed a starting point of a suspension of 15 drives or a fine of $750 for a breach of this Rule.
Mr Mulcay drew the Committee's attention to 2 other breaches of this Rule by Amateur drivers.
Mr Frampton was suspended for 10 weeks for a similar breach which resulted in his horse's chances being detrimentally affected.
Mrs Oakley was also suspended for 10 weeks, again for driving in a manner similar to Mr Cronin. Mr Mulcay submitted that the Stewards felt a similar suspension should apply to Mr Cronin.
Mr Cronin told the Committee that he 'loved driving in races'. He said that is why he owned LOLA JONES. Mr Cronin added that he would prefer a suspension as he was not in a position to pay a fine, and asked that the Committee show some leniency.
Mr Abernethy had nothing to add.
reasonsforpenalty:
The Committee takes into account Mr Cronin's clear record to date of breaches of this Rule. It is clear from the submissions that a period of suspension from driving is an appropriate penalty. We are guided by the JCA Penalty Guide which indicates a fine of $750 or a suspension of 15 drives as starting points. We have to be guided by the two recent decisions referred to by Mr Mulcay. We are mindful that Mr Cronin should be given the opportunity to drive in trials and workouts, and any suspension of his Amateur drivers licence will not prevent him from doing that.
penalty:
Mr Cronin is therefore suspended from holding a drivers licence, to take effect after racing tonight and conclude after racing on 23 July 2015, a period of 10 weeks.
hearing_type: Hearing
Rules: Rule 868(2)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr G Cronin-Advanced Amateur Driver
Otherperson: Mr J Abernethy, Open Horseman assisting Mr Cronin
PersonPresent:
Respondent:
StipendSteward:
raceid: 33cfa731786e1b7e10a9de9b819bd667
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race_emailed1: 0
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race_title: R1
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meetdate: 14/05/2015
meet_title: Harness Racing Waikato - 14 May 2015
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name: Harness Racing Waikato