HR Waikato 1 January 2016 – R 1 – Chair, Mr B Scott
ID: JCA11612
Meet Title:
Harness Racing Waikato - 1 January 2016
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2016/01/01
Race Number:
R1
Decision:
The charge is upheld.
Penalty:
This Committee imposes a fine of $300.00 on Mr Kriechbaumer.
Facts:
Following the running of the DUNSTAN FEEDS AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward, Mr S Mulcay against Amateur Horseman, Mr J Kriechbaumer alleging that when Mr Kriechbaumer driving PLATINUM POKER crossed CELTIC WARRIOR (Driver Ms S Wigg ) to take the lead rounding the first bend he drove in a manner likely to cause interference by forcing CELTIC WARRIOR over the marker line.
Mr Kriechbaumer was present at the hearing and he advised the Committee that he did not admit the breach.
Stipendiary Steward, Mr JM Muirhead demonstrated the incident by use of the race films and he showed where racing into the first bend PLATINUM POKER was 3 wide and CELTIC WARRIOR was in the lead and on the marker line. He then showed PLATINUM POKER continuing to move forward under a drive by Mr Kriechbaumer and it moved in sharply and then continued onto the lead but in doing so it came further in onto CELTIC WARRIOR and forced that horse over 4 pylons.
By way of cross examination Mr Kriechbaumer asked Mr Mulcay why he thought PLATINUM POKER had moved in abruptly. Mr Mulcay said it was clear from the video evidence.
Ms S Wigg, the driver of CELTIC WARRIOR, said she was in the lead when Mr Kriechbaumer came up outside her horse but he kept coming across and forced her horse over the pylons. She said she was happy to take a trail but had to take hold to avoid contact.
She said that her horse was where it should be and was not causing any problems.
In answer to questions from Mr Kriechbaumer she said that initially she was yelling out to the driver of the 2 horse but when that horse pulled back she was yelling at Mr Kriechbaumer to keep out.
Mr Kriechbaumer then gave his evidence and he said that he was hunting his horse up and the horse inside him pulled back and then he used the whip on his horse and it ducked in under pressure. He said he tried to hold his horse out as best as he could but it was lugging in and despite his efforts to keep it straight it kept lugging in.
In answer to a question from Mr Mulcay he acknowledged that he was the driver shifting down. He also acknowledged that Ms Wigg had to take evasive action as a result of his horse coming down but he did say he tried to avoid interference.
Mr Jay Abernethy, the Trainer of PLATINUM POKER, was then called by Mr Kriechbaumer to give evidence and he said that PLATINUM POKER does lay in on the bends and it wears a pole.
The various film angles of the incident were shown to Mr Abernethy and Mr Mulcay asked him if he considered that his horse caused the incident and he said that it did not. He also said in response to a further question from Mr Mulcay that his horse had been travelling well prior to the incident and that any corrective action by Mr Kriechbaumer was too little to late.
In answer to a question from the Committee Mr Abernethy said that his horse was not at fault.
Submissions for Decision:
Mr Mulcay submitted that the evidence showed that Mr Kriechbaumer was at fault and in moving down he forced CELTIC WARRIOR over pylons and interfered with its progress.
Mr Kriechbaumer said that he didn't drive to cause interference.
Reasons for Decision:
The Committee viewed the films and the various film angles show the incident clearly. The Committee noted that PLATINUM POKER was under a drive from Mr Kriechbaumer even though it was moving in sharply. The Committee also noted that Mr Kriechbaumer used his whip on PLATINUM POKER and this was at odds with his suggesting that his horse was lugging in and he was doing his best to keep it out.
The evidence of Mr Abernethy is very relevant and the Committee agrees that his horse was not the cause of the problem.
We have assessed all of the evidence and in our view Mr Kriechbaumer is clearly at fault and he has driven his horse in a manner that has interfered with the progress of CELTIC WARRIOR.
Submissions for Penalty:
Mr Mulcay said that Mr Kriechbaumer had only a previous breach for careless driving on his record in the last 12 months and for that he was fined $250.00. He said he had a clear record under Rule 869(4).
Mr Mulcay referred to the JCA Guidelines and said that the starting point penalty for causing interference to another horse or horseman is a suspension of Licence for 8 drives or a $400.00 fine. He said that that is what the Stewards are seeking on this occasion.
Mr Kriechbaumer said that the interference did not affect the chances of CELTIC WARRIOR because it went on and won the race.
Reasons for Penalty:
The incident is very clear and interference has occurred and it is for this reason we have used the starting point penalties referred to above. We have given Mr Kriechbaumer credit for his record under this rule and we do take the point that the chances of CELTIC WARRIOR were not seriously affected.
We are concerned however at Mr Kriechbaumer's driving on this occasion and his attempts to blame his horse despite the fact that he was using the whip when he told us he was doing his best the keep his horse out.
We are not sure what amateur driving races are programmed in the foreseeable future and we are therefore going to deal with this by way of a fine. We have checked our JCA Penalty Schedules for previous penalties under this Rule.
Using the starting point of $400.00 and giving Mr Kriechbaumer credit for his record and the fact that he is an amateur driver we believe that a fine of $300.00 is appropriate.
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: 2d4c1a89bebd528fb8718b66b89d436b
informantnumber: A3688
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in a manner likely to cause interference
plea: denied
penaltyrequired: 1
decisiondate: 01/01/2016
hearing_title: HR Waikato 1 January 2016 - R 1 - Chair, Mr B Scott
charge:
facts:
Following the running of the DUNSTAN FEEDS AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward, Mr S Mulcay against Amateur Horseman, Mr J Kriechbaumer alleging that when Mr Kriechbaumer driving PLATINUM POKER crossed CELTIC WARRIOR (Driver Ms S Wigg ) to take the lead rounding the first bend he drove in a manner likely to cause interference by forcing CELTIC WARRIOR over the marker line.
Mr Kriechbaumer was present at the hearing and he advised the Committee that he did not admit the breach.
Stipendiary Steward, Mr JM Muirhead demonstrated the incident by use of the race films and he showed where racing into the first bend PLATINUM POKER was 3 wide and CELTIC WARRIOR was in the lead and on the marker line. He then showed PLATINUM POKER continuing to move forward under a drive by Mr Kriechbaumer and it moved in sharply and then continued onto the lead but in doing so it came further in onto CELTIC WARRIOR and forced that horse over 4 pylons.
By way of cross examination Mr Kriechbaumer asked Mr Mulcay why he thought PLATINUM POKER had moved in abruptly. Mr Mulcay said it was clear from the video evidence.
Ms S Wigg, the driver of CELTIC WARRIOR, said she was in the lead when Mr Kriechbaumer came up outside her horse but he kept coming across and forced her horse over the pylons. She said she was happy to take a trail but had to take hold to avoid contact.
She said that her horse was where it should be and was not causing any problems.
In answer to questions from Mr Kriechbaumer she said that initially she was yelling out to the driver of the 2 horse but when that horse pulled back she was yelling at Mr Kriechbaumer to keep out.
Mr Kriechbaumer then gave his evidence and he said that he was hunting his horse up and the horse inside him pulled back and then he used the whip on his horse and it ducked in under pressure. He said he tried to hold his horse out as best as he could but it was lugging in and despite his efforts to keep it straight it kept lugging in.
In answer to a question from Mr Mulcay he acknowledged that he was the driver shifting down. He also acknowledged that Ms Wigg had to take evasive action as a result of his horse coming down but he did say he tried to avoid interference.
Mr Jay Abernethy, the Trainer of PLATINUM POKER, was then called by Mr Kriechbaumer to give evidence and he said that PLATINUM POKER does lay in on the bends and it wears a pole.
The various film angles of the incident were shown to Mr Abernethy and Mr Mulcay asked him if he considered that his horse caused the incident and he said that it did not. He also said in response to a further question from Mr Mulcay that his horse had been travelling well prior to the incident and that any corrective action by Mr Kriechbaumer was too little to late.
In answer to a question from the Committee Mr Abernethy said that his horse was not at fault.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay submitted that the evidence showed that Mr Kriechbaumer was at fault and in moving down he forced CELTIC WARRIOR over pylons and interfered with its progress.
Mr Kriechbaumer said that he didn't drive to cause interference.
reasonsfordecision:
The Committee viewed the films and the various film angles show the incident clearly. The Committee noted that PLATINUM POKER was under a drive from Mr Kriechbaumer even though it was moving in sharply. The Committee also noted that Mr Kriechbaumer used his whip on PLATINUM POKER and this was at odds with his suggesting that his horse was lugging in and he was doing his best to keep it out.
The evidence of Mr Abernethy is very relevant and the Committee agrees that his horse was not the cause of the problem.
We have assessed all of the evidence and in our view Mr Kriechbaumer is clearly at fault and he has driven his horse in a manner that has interfered with the progress of CELTIC WARRIOR.
Decision:
The charge is upheld.
sumissionsforpenalty:
Mr Mulcay said that Mr Kriechbaumer had only a previous breach for careless driving on his record in the last 12 months and for that he was fined $250.00. He said he had a clear record under Rule 869(4).
Mr Mulcay referred to the JCA Guidelines and said that the starting point penalty for causing interference to another horse or horseman is a suspension of Licence for 8 drives or a $400.00 fine. He said that that is what the Stewards are seeking on this occasion.
Mr Kriechbaumer said that the interference did not affect the chances of CELTIC WARRIOR because it went on and won the race.
reasonsforpenalty:
The incident is very clear and interference has occurred and it is for this reason we have used the starting point penalties referred to above. We have given Mr Kriechbaumer credit for his record under this rule and we do take the point that the chances of CELTIC WARRIOR were not seriously affected.
We are concerned however at Mr Kriechbaumer's driving on this occasion and his attempts to blame his horse despite the fact that he was using the whip when he told us he was doing his best the keep his horse out.
We are not sure what amateur driving races are programmed in the foreseeable future and we are therefore going to deal with this by way of a fine. We have checked our JCA Penalty Schedules for previous penalties under this Rule.
Using the starting point of $400.00 and giving Mr Kriechbaumer credit for his record and the fact that he is an amateur driver we believe that a fine of $300.00 is appropriate.
penalty:
This Committee imposes a fine of $300.00 on Mr Kriechbaumer.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr J Kriechbaumer - Amateur Horseman
Otherperson: Ms S Wigg - Amateur Horsewoman, Mr JM Muirhead - Stipendiary Steward, Mr J Abernethy - Trainer of PLATINUM POKER
PersonPresent:
Respondent:
StipendSteward:
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race_title: R1
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meetdate: 01/01/2016
meet_title: Harness Racing Waikato - 1 January 2016
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