Non Raceday Inquiry RIU v T Quate – Penalty Decision dated 21 April 2016 – Chair, Mr S Ching

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decisiondate: 26/04/2016

hearing_title: Non Raceday Inquiry RIU v T Quate - Penalty Decision dated 21 April 2016 - Chair, Mr S Ching

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BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the

New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A8070

BETWEEN MR S WALLIS,

Stipendiary Steward for the Racing Integrity Unit

Informant

AND MR T QUATE, Licensed Junior Horseman

Respondent

Date of Hearing: 21 April 2016

Venue: Addington Raceway, Christchurch

Judicial Committee: S Ching, Chair - G Clapp, Committee Member

Present: Mr S Wallis, Stipendiary Steward

Mr T Quate, the Respondent

Mr T Chmiel, Open Horseman assisting Mr Quate

Date of Decision: 21 April 2016

PENALTY DECISION OF JUDICIAL COMMITTEE

The Charge

[1] Information No. A8070 alleges that:

On the 28th day of March 2016, Mr Quate, being the driver of WAR HORSE in Race 10, the Yaldhurst Hotel Mobile Pace, at the Akaroa Trotting Club meeting, failed to improve his position in the run home when sufficient room existed to the inside of SHADOW RIDER and have therefore failed to take all reasonable and permissible measures to obtain the highest finishing position.

The Rules

[2] Rule 868 (2) provides as follows:

(2) 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.

The Plea

[3] Mr Quate confirmed to the Committee that the breach was admitted and also confirmed that he understood the Rule he was being charged under. Mr Quate was assisted at the hearing by his employer Open Horseman, Mr T Chmiel. The Committee therefore found the charge proved.

Informant’s Summary of Facts

[4] Mr Wallis stated that Mr Quate was the driver of WAR HORSE who was correctly entered into and did race in event 10, the “THE YALDHURST HOTEL MOBILE PACE”

This race was contested over 2000 metres from a mobile start. WAR HORSE drew barrier 7.

Mr Wallis further stated it is the allegation of the Stipendiary Stewards that Mr Quate failed to take all reasonable and permissible measures during the run home to ensure that his horse WAR HORSE was given every opportunity to obtain the best possible finishing place.

Films/Evidence:

Mr Wallis gave evidence and showed video replays of the incident to show the field turning for home with Mr Quate, driving WAR HORSE, situated 3 back on the marker line and travelling well, following SHADOW RAIDER driven by C DeFilippi.

Mr Wallis pointed out the leading horse and as it enters the home straight it has a tendency to lay outwards which allows the trialling horse to maintain a straight course and not have to utilize the passing lane which is presented.

He stated that given that the lead horse had rolled out and that SHADOW RAIDER was not required to access the passing lane, this was then presented for Mr Quate and his drive WAR HORSE to utilize.

He further stated the head on film shows us that the passing lane is presented to Mr Quate at the first instance when he has entered the home straight. There is a significant and substantial gap on the inside of SHADOW RAIDER to which Mr Quate should have and would be expected to improve into. This gap remained available for the entire passing lane length of 350m with Mr Quate opting to stay on the back of SHADOW RIDER, driven by Mr DeFilippi, over the concluding stages. Mr Wallis stated that WAR HORSE finished in 9th place, 3.9 lengths from the winner and had Mr Quate utilised the passing lane as presented he may have finished in a dividend and/or stake bearing position.

Mr Quate, when questioned and assisted by senior horseman J Curtin, at the initial Stewards enquiry, advised he had no difficulty steering WAR HORSE at this stage of the race and a post-race veterinary examination confirmed that the horse was not suffering any ill effects. A veterinary examination report was provided by the Stewards.

Submissions for Respondent

[5] Mr Chmiel stated that he believed that SHADOW RIDER did shift into the passing lane on the home turn and there was a ½ gap for Mr Quate to go into. He said Mr Quate should have attempted to shift down into the gap that was presented to him in the passing lane. He also stated that Mr Quate, in his 2 previous drives, had struck a wheel and been fined and suspended with both drives. He said Mr Quate had lost a bit of his confidence and with WAR HORSE, had a “lap full of horse” at the home turn. He said Mr Quate was a bit unconfident to attempt to take the gap on the inside of SHADOW RIDER. He said Mr Quate was concerned that if the gap closed he would strike another wheel and get into trouble again. Mr Chmiel said that the side on films, which most punters would have seen, looked as if WAR HORSE was held up and unlucky over the concluding stages but when he viewed the head on replays agreed that Mr Quate should have made an attempt to take up the gap presented on the inside of SHADOW RIDER in the passing lane. Mr Chmiel also stated that Mr Quate had driven on 7 occasions since this incident and was driving with a lot more confidence.

Mr Quate stated that he did not think there was enough room to improve into the passing lane when he first looked and was having self-doubt about improving into marginal situations after striking wheels and being charged with his previous 2 drives.

Submissions of Informant on Penalty

[6] The Stewards are not in the possession of any evidence that questions the integrity of Mr Quate. We do however question his failure to fulfil an obligation which is placed on every driver when they step onto the racetrack.

It is absolutely imperative that when circumstances permit drivers meet their requirements within the rules and if this race is viewed objectively as a ‘punter’ I am certain you would be asking questions regarding the reason he failed to utilize the passing lane that had been presented to him.

The onus is solely on him to ensure those questions do not arise.

On this occasion as Mr Quate has admitted, he has failed to do that.

Mr Quate has had 35 drives this season up to 19 April 2016, and had 21 drives last season. In total Mr Quate has totalled 82 lifetime drives as of the above said date.

Mr Quate has a clear record under this rule.

The Judicial Control Authority’s starting point for breach this rule is a 15 drive suspension or a $750 fine.

Mr Wallis submitted that the only other charge under this rule where the defendant had failed to use the passing lane was RIU v Williamson at Addington on the 26th August 2011. On that occasion Mr Williamson was fined the sum of $300.00 and suspended for 2 driving days based on his diving on average of 4-5 drives per meeting.

We submit, given the Williamson decision based on 4-5 drives per meeting and Mr Quate drives at an average of 5 per month or 1 drive per meeting, that a fine of $300.00 be imposed along with Mr Quate’s Horseman’s licence being suspended for a period of 1 month up to and including 15 June 2016. (Effectively 8 driving days as detailed below.)

April                            May
24th Rangiora              6th Addington
28th Forbury Park        7th Oamaru
29th Addington           13th Forbury Park
30th Ashburton           15th Timaru

Submissions of Respondent on Penalty

[7] Mr Chmiel stated that a month on the sideline is not going to benefit Mr Quate as a Junior Driver. He accepted that a suspension was inevitable and that Mr Quate was just starting to get a few drives from trainers. Being suspended for a month he would lose those contacts and it would be difficult for him to regain those drives. Mr Chmiel confirmed that Mr Quate drove on average once a meeting. Mr Quate and Mr Chmiel submitted that a combined suspension and fine would be preferred as penalty as that would get him back race day driving sooner.

Deferment of penalty was discussed with Mr Quate opting to take any suspension immediately.

Reasons for Penalty

[8] In determining penalty the Committee took into consideration all mitigating and aggravating factors. Aggravating factors in this case is that Mr Quate failed to take advantage of the passing lane for 350m, the entire availability of that lane when it was available to him. It is clear from the films that WAR HORSE may have finished in a dividend and/or stake bearing position had Mr Quate fulfilled his obligations as a prudent driver, to take all reasonable and permissible opportunities, to ensure WAR HORSE obtained the best possible finishing place. It is clear Mr Quate failed in his duty to do so. We find the level of this breach to be mid to high and a gross misjudgement by Mr Quate. Mr Quate’s admission of the breach, his clear record and his relative inexperience are mitigating factors we take account of. Taking the JCA Penalty Guide starting point of a 15 drive suspension we determined that an uplift of 5 drives was required for the aggravating factors in this case taking the penalty to 20 drives. However, we were able to give Mr Quate a discount of 5 drives for his admission of the breach, his clear record and his relative inexperience. We therefore determined that the equivalent of a 15 drive suspension was an appropriate penalty in this case and decided that a combined suspension and fine, as submitted by Mr Wallis and Mr Quate, be imposed.

The Committee, in defining a meaningful penalty, considered that after taking Mr Quate’s average driving record of 1 drive per race day, determined that a period of suspension beginning after the conclusion of racing today 21 April up to and including 15 May 2016 be imposed (8 effective driving days). In addition, the Committee imposed a fine of $350.

Penalty

[9] Mr Quate’s Junior Drivers Licence was suspended from the conclusion of racing 21 April up to and including 15 May 2016. This suspension encompasses the meetings at Rangiora on 24 April, Forbury Park 28 April, Addington 29 April, Ashburton 30 April, Addington 6 May, Oamaru 7 May, Forbury Park 13 May and Timaru on 15 May 2016. Mr Quate was also fined the sum of $350.

S Ching               G Clapp

Chair                   Committee Member

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