Auckland TC 30 October 2020 – R 7 – Chair, Mr G Jones
ID: JCA17279
Meet Title:
Auckland TC - 30 October 2020
Meet Chair:
GJones
Meet Committee Member 1:
AGodsalve
Race Date:
2020/10/30
Race Number:
R7
Decision:
After reviewing the race films and considering the evidence Committee found the charge proved.
Penalty:
Accordingly, Mr Abernethy’s license to drive in races is suspended from the conclusion of racing on 30 October 2020 until after racing on 17 November 2020 (5 days - which for the avoidance of doubt includes Waikato (6.11.20), NZ Metro (10.11.20, Ashburton (12.11.20), NZ Metro / ATC (13.11.20) and 17.11.20).
Facts:
Following the running of Race 7, the Magness Benrow Sires Stakes Champs (G1) 1609m, an information was filed by Senior Stipendiary Steward Mr Mulcay alleging Open Horseman Mr S Abernethy, breached Rule 869 (3)(b) when he drove TONI STREET carelessly shifting ground inward when insufficiently clear resulting in interference to SHEZADEAL and then ARIELLA racing into the first turn.
Mr Abernethy endorsed the Information ‘I do not admit the breach of the rule’. At the commencement of the hearing he confirmed his plea and that he understood the rule; the nature of the charge and the procedure for the conduct of a defended hearing.
Rule 869 (3)(b) provides:
No horseman in any race shall drive carelessly.
Mr Mulcay opened the case for the Informant by advising that he intended to call 3 witnesses; namely Senior Stipendiary Steward Mr Muirhead, and Open Horsemen Mr D Butcher (driver of MILLWOOD BILLIE) and Mr McKendry (driver of SHEZADEAL).
Submissions for Decision:
Mr Muirhead used available video footage to identify the horses involved in the alleged incident; namely, SHEZADEAL drawn 3 on the front row; AVANA (J Dickie), drawn 4 on the front row; MILLWOOD BILLIE, drawn 5 on the front row and TONI STREET (S Abernethy), drawn directly behind AVANA on the second row.
Mr Mulcay said that shortly after the 1609 metre start of the race as the field approached the first bend Mr Dickie drove AVANA forward and Mr Abernethy has followed that horse through from the second row. He pointed out that in doing so Mr Abernethy has shifted downward and struck the near foreleg of SHEZADEAL who broke and eased back and hit the sulky wheel of ARIELLA (R CLOSE) who was checked. As a consequence, Mr Mulcay said that both horses lost considerable ground.
Open Horse Mr Butcher gave evidence that he started the race from 5 on the front line. He said that he noticed Mr Abernethy following AVANA through shortly after the start, but the manoeuvre had no impact on his horse.
Mr Abernethy did not cross examine Mr Butcher.
Open Horseman Mr McKendry stated that his drive, SHEZADEAL broke as the field headed into the first turn after the start of the race. He said that the reason for the break was that Mr Abernethy (TONI STREET), who was on his outer “clipped a wheel”. He further added that his horse started slowly from 3 at the barrier and on the point of the first turn he got “cleaned up” resulting in SHEZADEAL breaking and shifting into ARIELLA.
Mr Abernethy did not cross examine Mr McKendry.
In his evidence Mr Abernethy told the Committee that his drive, (TONI STREET), had raced at Alexandra Park twice previously and on both occasions it had broken. He said on that basis he was conscious of the horse’s manners. Using the race films Mr Abernethy pointed out that he had followed Mr Dickie through from his second-row draw and that he was entitled to do so. He said that Mr Butcher, who left the barrier from number 5 dictated his drive inwards, adding that “Butcher has crept in on me”. He further stated that his drive was “hanging” and as things got tight, he had no options. Mr Abernethy readily acknowledged that he did clip SHEZADEAL, but reiterated that it was due to being tightened because Mr Butcher tried to shift in.
Under cross examination Mr Mulcay put a number of questions to Mr Abernethy suggesting that he found himself in tight quarters due to his own driving tactics. In response Mr Abernethy repeated that there was outside pressure placed on him by Mr Butcher.
The Committee noted that Mr Abernethy elected not to cross examine Mr Butcher on the points he raised in his defence, i.e. Mr Butcher allegedly shifting in. The Committee raised this with Mr Abernethy who offered no plausible explanation.
In summing up Mr Mulcay submitted that this was a simple case of Mr Abernethy driving forward in circumstances where it was highly probable that interference would occur. He submitted that Mr Abernethy has been “caught by the rule” and interference did follow.
In summing up Mr Abernethy didn’t think he drove forward in a careless manner.
Reasons for Decision:
The evidence clearly shows that Mr Abernethy did follow AVANA through from the second row and was entitled to do so. However, Mr Abernethy has allowed his drive to shift inwards and has made contact with SHEZADEAL causing that horse to break. As a consequence, SHEZADEAL has caused ARIELLA to be checked, with both horses losing considerable ground as a result. The totality of the evidence does not support Mr Abernethy’s claim that the reason he shifted down was because of the outward pressure from Mr Butcher's drive. The Committee believes that when Mr Abernethy found himself racing in tight quarters, he did not take up the option of easing back. Accordingly, due to this mistake or tactical error, we find that Mr Abernethy failed to take all reasonable steps to avoid causing interference; and therefore, he is deemed to have been careless.
Submissions for Penalty:
Mr Mulcay submitted Mr Abernethy has a very good record having had 178 drives since his last breach of the careless driving rule 12 months ago (23 October 2019). He submitted that this breach occurred in a Group 1 Race, and two 3-year-old fillies were denied the opportunities to earn ‘black type’ due to having their chances extinguished by Mr Abernethy. He said that according to the JCA Guide the penalty starting point for careless driving in a major race was a 3-day suspension, and due to the circumstances of the breach Stewards were seeking a 6-day suspension.
In response Mr Abernethy said that a 6-day suspension was “a bit hefty”. He offered no further submissions as to penalty.
Mr Abernethy advised that he was not seeking a deferment to any proposed suspension, but stated that he was intending to drive ON A ROLL at the forthcoming meeting at NZ Metro, first and second days; and also, he was intending to drive TONI STREET at the Ashburton meeting during cup week.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension for a breach of this rule when it occurs in a major race. The Committee has noted that similar recent breaches have resulted in 3-day suspensions.
After taking into account the submissions of both the Informant and Respondent and noting the race film and the resultant impact on the two runners we assessed the level of carelessness to be in the mid-range. Given that this was a Group 1 Race for 3-year-old fillies, it is accepted that the connections of the affected horses lost all chance of earning valuable black type as a consequence of Mr Abernethy’s carelessness. We therefore assess the consequences as being above mid-range. In addition, the race carried stake money of $110,400. On that basis the Committee determined an uplift is required from the 3-day starting point due to the combined status of the race; stakes payable and consequences to the affected runners.
The Committee accepts that Mr Abernethy has a very good record and that has been taken into account when assessing penalty.
After taking all matters into account the Committee imposed a 5-day suspension.
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: f3bd9fdb5e72c50683409130b4701a85
informantnumber: A12973
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving (in major race)
plea: denied
penaltyrequired: 1
decisiondate: 31/10/2020
hearing_title: Auckland TC 30 October 2020 – R 7 – Chair, Mr G Jones
charge:
facts:
Following the running of Race 7, the Magness Benrow Sires Stakes Champs (G1) 1609m, an information was filed by Senior Stipendiary Steward Mr Mulcay alleging Open Horseman Mr S Abernethy, breached Rule 869 (3)(b) when he drove TONI STREET carelessly shifting ground inward when insufficiently clear resulting in interference to SHEZADEAL and then ARIELLA racing into the first turn.
Mr Abernethy endorsed the Information ‘I do not admit the breach of the rule’. At the commencement of the hearing he confirmed his plea and that he understood the rule; the nature of the charge and the procedure for the conduct of a defended hearing.
Rule 869 (3)(b) provides:
No horseman in any race shall drive carelessly.
Mr Mulcay opened the case for the Informant by advising that he intended to call 3 witnesses; namely Senior Stipendiary Steward Mr Muirhead, and Open Horsemen Mr D Butcher (driver of MILLWOOD BILLIE) and Mr McKendry (driver of SHEZADEAL).
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead used available video footage to identify the horses involved in the alleged incident; namely, SHEZADEAL drawn 3 on the front row; AVANA (J Dickie), drawn 4 on the front row; MILLWOOD BILLIE, drawn 5 on the front row and TONI STREET (S Abernethy), drawn directly behind AVANA on the second row.
Mr Mulcay said that shortly after the 1609 metre start of the race as the field approached the first bend Mr Dickie drove AVANA forward and Mr Abernethy has followed that horse through from the second row. He pointed out that in doing so Mr Abernethy has shifted downward and struck the near foreleg of SHEZADEAL who broke and eased back and hit the sulky wheel of ARIELLA (R CLOSE) who was checked. As a consequence, Mr Mulcay said that both horses lost considerable ground.
Open Horse Mr Butcher gave evidence that he started the race from 5 on the front line. He said that he noticed Mr Abernethy following AVANA through shortly after the start, but the manoeuvre had no impact on his horse.
Mr Abernethy did not cross examine Mr Butcher.
Open Horseman Mr McKendry stated that his drive, SHEZADEAL broke as the field headed into the first turn after the start of the race. He said that the reason for the break was that Mr Abernethy (TONI STREET), who was on his outer “clipped a wheel”. He further added that his horse started slowly from 3 at the barrier and on the point of the first turn he got “cleaned up” resulting in SHEZADEAL breaking and shifting into ARIELLA.
Mr Abernethy did not cross examine Mr McKendry.
In his evidence Mr Abernethy told the Committee that his drive, (TONI STREET), had raced at Alexandra Park twice previously and on both occasions it had broken. He said on that basis he was conscious of the horse’s manners. Using the race films Mr Abernethy pointed out that he had followed Mr Dickie through from his second-row draw and that he was entitled to do so. He said that Mr Butcher, who left the barrier from number 5 dictated his drive inwards, adding that “Butcher has crept in on me”. He further stated that his drive was “hanging” and as things got tight, he had no options. Mr Abernethy readily acknowledged that he did clip SHEZADEAL, but reiterated that it was due to being tightened because Mr Butcher tried to shift in.
Under cross examination Mr Mulcay put a number of questions to Mr Abernethy suggesting that he found himself in tight quarters due to his own driving tactics. In response Mr Abernethy repeated that there was outside pressure placed on him by Mr Butcher.
The Committee noted that Mr Abernethy elected not to cross examine Mr Butcher on the points he raised in his defence, i.e. Mr Butcher allegedly shifting in. The Committee raised this with Mr Abernethy who offered no plausible explanation.
In summing up Mr Mulcay submitted that this was a simple case of Mr Abernethy driving forward in circumstances where it was highly probable that interference would occur. He submitted that Mr Abernethy has been “caught by the rule” and interference did follow.
In summing up Mr Abernethy didn’t think he drove forward in a careless manner.
reasonsfordecision:
The evidence clearly shows that Mr Abernethy did follow AVANA through from the second row and was entitled to do so. However, Mr Abernethy has allowed his drive to shift inwards and has made contact with SHEZADEAL causing that horse to break. As a consequence, SHEZADEAL has caused ARIELLA to be checked, with both horses losing considerable ground as a result. The totality of the evidence does not support Mr Abernethy’s claim that the reason he shifted down was because of the outward pressure from Mr Butcher's drive. The Committee believes that when Mr Abernethy found himself racing in tight quarters, he did not take up the option of easing back. Accordingly, due to this mistake or tactical error, we find that Mr Abernethy failed to take all reasonable steps to avoid causing interference; and therefore, he is deemed to have been careless.
Decision:
After reviewing the race films and considering the evidence Committee found the charge proved.
sumissionsforpenalty:
Mr Mulcay submitted Mr Abernethy has a very good record having had 178 drives since his last breach of the careless driving rule 12 months ago (23 October 2019). He submitted that this breach occurred in a Group 1 Race, and two 3-year-old fillies were denied the opportunities to earn ‘black type’ due to having their chances extinguished by Mr Abernethy. He said that according to the JCA Guide the penalty starting point for careless driving in a major race was a 3-day suspension, and due to the circumstances of the breach Stewards were seeking a 6-day suspension.
In response Mr Abernethy said that a 6-day suspension was “a bit hefty”. He offered no further submissions as to penalty.
Mr Abernethy advised that he was not seeking a deferment to any proposed suspension, but stated that he was intending to drive ON A ROLL at the forthcoming meeting at NZ Metro, first and second days; and also, he was intending to drive TONI STREET at the Ashburton meeting during cup week.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension for a breach of this rule when it occurs in a major race. The Committee has noted that similar recent breaches have resulted in 3-day suspensions.
After taking into account the submissions of both the Informant and Respondent and noting the race film and the resultant impact on the two runners we assessed the level of carelessness to be in the mid-range. Given that this was a Group 1 Race for 3-year-old fillies, it is accepted that the connections of the affected horses lost all chance of earning valuable black type as a consequence of Mr Abernethy’s carelessness. We therefore assess the consequences as being above mid-range. In addition, the race carried stake money of $110,400. On that basis the Committee determined an uplift is required from the 3-day starting point due to the combined status of the race; stakes payable and consequences to the affected runners.
The Committee accepts that Mr Abernethy has a very good record and that has been taken into account when assessing penalty.
After taking all matters into account the Committee imposed a 5-day suspension.
penalty:
Accordingly, Mr Abernethy’s license to drive in races is suspended from the conclusion of racing on 30 October 2020 until after racing on 17 November 2020 (5 days - which for the avoidance of doubt includes Waikato (6.11.20), NZ Metro (10.11.20, Ashburton (12.11.20), NZ Metro / ATC (13.11.20) and 17.11.20).
hearing_type: Hearing
Rules: 869 (3)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr S Abernethy - Open Horseman, driver of TONI STREET
Otherperson: Mr J Muirhead - Senior Stipendiary Steward, Mr D Butcher (Open Horseman), Mr M McKendry (Open Horseman)
PersonPresent:
Respondent:
StipendSteward:
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race_title: R7
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meetdate: 30/10/2020
meet_title: Auckland TC - 30 October 2020
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meet_chair: GJones
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name: Auckland TC