Forbury Park TC 21 June 2018 – R 6 – Chair, Prof G Hall
ID: JCA14726
Meet Title:
Forbury Park TC - 21 June 2018
Meet Chair:
GHall
Race Date:
2018/06/21
Race Number:
R 6
Decision:
As Mr Kennett has admitted the charge it is found to be proved.
Penalty:
Mr Kennett is suspended from driving from the end of the meeting tonight, up to and including 31 October 2018. This is just over 4 months and is calculated to encompass approximately 20 drives.
Facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Kennett drove incompetently by allowing his horse WANDERING STAR to continue in its incorrect gait for approximately 1350 metres in race 6, the HOUSE OF TRAVEL JNR DRIVERS MOBILE TROT.
Mr Kennett admitted the breach at the commencement of the hearing. He stated he did not wish to have the assistance of a senior horseman, as the breach was clear on the video.
Mr Wallis asked Mr Munro to identify WANDERING STAR on the videos. Mr Wallis pointed out that the horse had broken in the score up but had come down trotting just before the start. WANDERING STAR trotted away for some 5 strides but soon went into a pace. This was some 20 metres before the winning post, the first time. The horse then paced for some 1350 metres before faltering in its gait and switching back to a trot.
Mr Kennett said he was embarrassed that the horse had paced for such a distance. He said he could not fathom how he could have made such a basic mistake. He thought he must have been “half asleep” as he could usually tell straight away but not this time.
When questioned by this Committee, Mr Kennett said it was the first time he had driven the horse.
Submissions for Penalty:
Mr Wallis produced Mr Kennett’s record. This was clear under this rule. Mr Kennett is not a busy junior driver. He has had 55, 48, 40 and 4 drives over the past four seasons, respectively.
Mr Wallis stated that the Penalty Guide provided an 80 drive or $4000 starting point. He believed the distance that WANDERING STAR galloped was an aggravating factor but this was to be balanced against the fact that the horse had tired badly and he did not put that down to its being in the incorrect gait. He believed an 80-drive penalty would result in Mr Kennett being suspended for a year, which was the maximum period provided in the Rules. That was too long. He submitted a six-month suspension was appropriate.
Mr Kennett acknowledged he had made a major mistake and did not disagree with Mr Wallis’s penalty submission.
Reasons for Penalty:
Mr Kennett is a junior driver who is mortified by the mistake he has made. He cannot understand how he came to make such a basic mistake on this occasion. The starting point in the Penalty Guide is not that helpful when a horseman only drives infrequently, as is the case with Mr Kennett.
The breach is high end with regard to distance (over half the race) although the chance of the horse finishing in a dividend bearing position did not appear to be affected, as it weakened. Mr Kennett has been remorseful and has admitted the breach at the first opportunity. His record is good. He is a junior driver and there is a need not to keep him on the sidelines for too long a period. That said, the penalty has to reflect the seriousness of the breach and hold Mr Kennett accountable.
Mr Kennett has stated that he drives mainly his own horses and those that he trains with his father. There were 5 horses in total. He has just the odd outside drive, as he did on this occasion. And sometimes an outside driver will drive one of his horses.
Mr Kennett asked that the penalty be a suspension and not a suspension and a fine. He said the incident had knocked his confidence.
JCA Decision Fields (raw)
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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: 74ad7601c78bccdaf14d499760261665
informantnumber: A10521
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Incompetent driving
plea: admitted
penaltyrequired: 1
decisiondate: 24/06/2018
hearing_title: Forbury Park TC 21 June 2018 - R 6 - Chair, Prof G Hall
charge:
facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Kennett drove incompetently by allowing his horse WANDERING STAR to continue in its incorrect gait for approximately 1350 metres in race 6, the HOUSE OF TRAVEL JNR DRIVERS MOBILE TROT.
Mr Kennett admitted the breach at the commencement of the hearing. He stated he did not wish to have the assistance of a senior horseman, as the breach was clear on the video.
Mr Wallis asked Mr Munro to identify WANDERING STAR on the videos. Mr Wallis pointed out that the horse had broken in the score up but had come down trotting just before the start. WANDERING STAR trotted away for some 5 strides but soon went into a pace. This was some 20 metres before the winning post, the first time. The horse then paced for some 1350 metres before faltering in its gait and switching back to a trot.
Mr Kennett said he was embarrassed that the horse had paced for such a distance. He said he could not fathom how he could have made such a basic mistake. He thought he must have been “half asleep” as he could usually tell straight away but not this time.
When questioned by this Committee, Mr Kennett said it was the first time he had driven the horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Kennett has admitted the charge it is found to be proved.
sumissionsforpenalty:
Mr Wallis produced Mr Kennett’s record. This was clear under this rule. Mr Kennett is not a busy junior driver. He has had 55, 48, 40 and 4 drives over the past four seasons, respectively.
Mr Wallis stated that the Penalty Guide provided an 80 drive or $4000 starting point. He believed the distance that WANDERING STAR galloped was an aggravating factor but this was to be balanced against the fact that the horse had tired badly and he did not put that down to its being in the incorrect gait. He believed an 80-drive penalty would result in Mr Kennett being suspended for a year, which was the maximum period provided in the Rules. That was too long. He submitted a six-month suspension was appropriate.
Mr Kennett acknowledged he had made a major mistake and did not disagree with Mr Wallis’s penalty submission.
reasonsforpenalty:
Mr Kennett is a junior driver who is mortified by the mistake he has made. He cannot understand how he came to make such a basic mistake on this occasion. The starting point in the Penalty Guide is not that helpful when a horseman only drives infrequently, as is the case with Mr Kennett.
The breach is high end with regard to distance (over half the race) although the chance of the horse finishing in a dividend bearing position did not appear to be affected, as it weakened. Mr Kennett has been remorseful and has admitted the breach at the first opportunity. His record is good. He is a junior driver and there is a need not to keep him on the sidelines for too long a period. That said, the penalty has to reflect the seriousness of the breach and hold Mr Kennett accountable.
Mr Kennett has stated that he drives mainly his own horses and those that he trains with his father. There were 5 horses in total. He has just the odd outside drive, as he did on this occasion. And sometimes an outside driver will drive one of his horses.
Mr Kennett asked that the penalty be a suspension and not a suspension and a fine. He said the incident had knocked his confidence.
penalty:
Mr Kennett is suspended from driving from the end of the meeting tonight, up to and including 31 October 2018. This is just over 4 months and is calculated to encompass approximately 20 drives.
hearing_type: Hearing
Rules: 869(3)(a)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr J Kennett - Junior Driver
Otherperson: Mr V Munro - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 2359d59e0f9c938d1e4761b6c3991a43
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fb63a64cf064c008602c5a5ebcb09933
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/06/2018
meet_title: Forbury Park TC - 21 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC