NZ Metro TC 16 November 2018 – R 9 (heard 17 November 2018 at Riccarton) – Chair, Mr R McKenzie

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startdate: 16/11/2018

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hearing_title: NZ Metro TC 16 November 2018 - R 9 (heard 17 November 2018 at Riccarton) - Chair, Mr R McKenzie

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N M Ydgren - Chief Stipendiary Steward

Respondent: Mr M W McKendry - Licensed Open Driver

Information No: A12420

Meeting: NZ Metro Trotting Club

Date: 16 November 2018 (heard 17 November 2018 at Riccarton)

Race: 9

Rule No: 869(3)(b)

Judicial Committee: Mr R McKenzie, Chair - Mr D Anderson, Committee Member

Also Present: Mr N G McIntyre - Stipendiary Steward

Charge: Careless Driving

Plea:  Admitted

Evidence:

Following the running of Race 9, “Used to Me” @ Haras Des Trotteurs Dominion Trot (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr M W McKendry, alleging that Mr McKendry, as the driver of LEMOND in the race, “drove carelessly near the 50 metres when shifting ground inwards checking RONALD J (G F O’Reilly) onto ALDERBECK (B M Williamson) resulting in both runners locking wheels”.

The information was lodged with the Judicial Committee following the race, but not served on Mr McKendry, and adjourned sine die as Mr McKendry had left the course.

The information was heard at the meeting of Canterbury Jockey Club on 17 November 2018. Manager of Stewards, Mr N G McIntyre, explained to the Committee that after Race 9 yesterday, the Stewards were looking at the placing of LEMOND, driven by Mr McKendry. Mr McKendry explained to Stewards that he had to catch a flight to Auckland. He was shown the incident in the home straight which resulted in this charge and, following that, he told Stewards that he was prepared to accept a charge. Mr McKendry was later contacted by telephone and informed that Stewards intended to charge him. Mr McKendry told Stewards that he admitted the charge and was happy for the charge to be proceeded with in his absence.

Rule 869 provides as follows:

(3) No horseman in any race shall drive-
(b) carelessly.

Mr McIntyre showed side-on and head-on video replays to show that Mr McKendry had allowed LEMOND to shift in near the 50-metre mark and, in doing so, force RONALD J down onto ALDERBECK. The head-on showed that the latter runner had a clear and unobstructed run to the line in the passing lane. RONALD J was to its outside and shifted in marginally. At that point the near-side sulky wheel of LEMOND commenced to shift in and across the outside sulky wheel of RONALD taking that runner in causing it to lock wheels with ALDERBECK, with the result that the latter could not progress and struck the last pylon, with Mr Williamson unable to drive it out. RONALD J finished 6th and ALDERBECK, 7th. Mr Williamson had told Stewards that the interference may have cost him a higher placing.

Decision:

Mr McKendry having admitted the charge, the charge was found proved.

Submission for Penalty

Mr McIntyre told the Committee that it is Mr McKendry’s wish not to seek a deferment. This season, he has had 58 drives and last season he had 281 drives and has no breaches of the Rule in that time. That is an excellent record, Mr McIntyre said.

The Penalty Guide starting point for careless driing in a “major race” is a 3-days suspension. The consequential effects on Mr Williamson called for an uplift to that starting point, Mr McIntyre submitted, to 4 days. However, he said, Mr McKendry should be given credit for his admission of the breach and his excellent record. He submitted that a 3-days suspension was an appropriate penalty.

Reasons for Penalty

In arriving at penalty, the Committee had regard to the Penalty Guide starting point for careless driving in a major race – a 3-days suspension. That was the appropriate starting point in this case. An aggravating factor, as submitted by Mr McIntyre, was that the chances of ALDERBECK finishing in a higher position than 7th possibly being affected. We note that that runner finished only a half length from 5tth for which there was a stake of $10,295. The breach, in other respects, was no worse than mid-range. We have uplifted the starting point to 4 days for that factor.

Mitigating factors to be taken into account are Mr McKendry’s admission of the breach and his driving record, which we deem to be excellent. Those factors warrant a discount of 1 day.

Penalty

Mr McKendry’s Open Driver’s Driver’s licence is suspended for a period commencing on 17 November 2018 up to and including 30 November 2018 – 3 days. The meetings intended to be encompassed by the period of suspension are Auckland TC on 23 November, Waikato Bay of Plenty Harness on 28 November and Auckland TC on 30 November 2018.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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