NZ Metro TC 20 February 2020 – R 9 (heard 22 February 2020 at Ashburton) – Chair, Mr R G McKenzie

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startdate: 20/02/2020

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hearing_title: NZ Metro TC 20 February 2020 - R 9 (heard 22 February 2020 at Ashburton) - Chair, Mr R G McKenzie

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RACEDAY JUDICIAL COMMITTEE DECISION (Heard at Ashburton on 22 February 2020)

Informant: N M Ydgren, Chief Stipendiary Steward

Respondent: B T Hope, Licensed Junior Driver

Information No: A13118

Meeting: New Zealand Metropolitan Trotting Club

Date: 20 February 2020

Venue: Addington Raceway, Christchurch

Rule No: 869 (3) (b)

Race: 9

Judicial Committee: R G McKenzie, Chairman / D J Anderson & L Yong, Panellists

Plea: Admitted

Also Present:  Mr S Renault - Stipendiary Steward

Mr J R Dunn - Licensed Open Driver assisting Mr Hope

FACTS:

Following the running of Race 9, PI & GJ Kennard Bloodstock Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr B T Hope, alleging a breach of Rule 869 (3) (b) in that Mr Hope, as the driver of LUELLA in the race, “allowed his runner to shift inwards over the final stages and cause interference to MINI MINE YET (S E O’Reilly)”.

The information was filed with the Judicial Committee at the race meeting and adjourned sine die. The information was subsequently served on Mr Hope The hearing of the information took place at the race meeting of Ashburton TC at Ashburton on 22 February 2020.

Mr Hope was present at the hearing of the information, assisted by Licensed Open Driver, Mr J R Dunn, and he indicated that he admitted the breach.

Rule 869 provides as follows:

(3)-No horseman in any race shall drive:-

(b) carelessly.

SUBMISSIONS:

Mr Ydgren showed head-on and side-on video replays of the final 200 metres of the race. At that point, Mr Hope, driving LUELLA, was leading and MINI MINE YET, driven by Miss O’Reilly, had taken the passing lane to take a run on Mr Hope’s inner.

The allegation of Stewards, Mr Renault said, was that Mr Hope had made only a very minimal attempt, if any, to keep his horse straight in the run home. He had more concern to drive his horse out to the end of the race rather than maintaining a straight course. It had been a very close finish and, unfortunately, Miss O’Reilly’s runner had been affected. A change of placings resulted. Mr Hope’s runner had wanted to get in, but he needed to take more discernible action to keep it straight, rather than allow it to run in under pressure.

Mr Hope accepted that there was no doubt he should have done more. His horse had run in on Miss O’Reilly, however she had not been put in a dangerous position and had driven the horse right to the line, he submitted.

Mr Dunn said that Mr Hope’s horse had been hanging the whole way, especially round the bend and prior to the final 50 metres. Mr Hope had admitted the breach, as he accepted that he had let his horse drift in, Mr Dunn said.

DECISION:

Mr Hope having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Ydgren told the Committee that Mr Hope has had 160 drives this season and, last season, had 226. He is one of the busiest junior drivers in the country. He has an excellent record and has admitted the breach at the earliest opportunity, Mr Ydgren said.

Mr Ydgren referred to the Penalty Guide starting point for careless driving causing a relegation of a 3-days suspension. A suspension of 2-3 days would be appropriate, taking into account his good record, his admission of the breach and his status as a junior driver, Mr Ydgren said.

Mr Dunn stressed that Mr Hope is a junior driver who drives a lot and has a clean record, and submitted that the Committee should consider a 2-days suspension.

Mr Hope said he would like a deferment of suspension until after the meeting of NZ Metropolitan TC on Friday, 28 February.

Looking at upcoming meetings, Mr Hope said he has driven at Forbury Park and Invercargill in recent times. He was planning to drive at Invercargill on 29 February. Mr Ydgren said that Mr Hope had not driven at Forbury Park since June 2019, but accepted that he does drive at Invercargill, having driven there in December.

PENALTY REASONS:

In arriving at penalty, the Committee had regard to the Penalty Guide starting point as referred to by Mr Ydgren. The starting point of a 3-days suspension was appropriate for this breach, a mid-range breach. There were no aggravating factors. Mitigating factors were Mr Hope’s good record under the rule and his frank admission of the breach. We also took into account Mr Hope’s status as a junior driver. The Committee decided that those factors warranted a discount of 1 day in this case.

PENALTY:

Mr Hope’s application for a deferment of suspension was granted.

Mr Hope’s Junior Driver’s licence is suspended from after the close of racing on 28 February 2020 up to and including 6 March 2020 – 2 days. The meetings intended to be encompassed by that term of suspension are Cheviot HRC on 1 March 2020 and Westport TC on 6 March 2020. The Committee did not include the Forbury Park meeting on 5 March in the suspension.

R G McKenzie

CHAIRMAN

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Rules: 869(3)(b)

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