HR Waikato 26 June 2014 – R 8
ID: JCA15170
Meet Title:
Harness Racing Waikato - 26 June 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/06/26
Race Number:
R8
Decision:
As the breach was admitted we find the charge proved.
Penalty:
Accordingly, Mr Frampton is suspended from driving in Amateur driver races from 27 June - 5 September 2014 inclusively, a period of 10 weeks.
Facts:
Following the running of Race 8, the HAMILTON VET SERVICES AMATEUR DRIVERS MOBILE PACE, an Information was filed pursuant to Rule 869(3)(g).
The Informant, Stipendiary Steward Mr S Mulcay alleged that 'Advanced Amateur Horseman Mr R Frampton drove LOFTY BROGDEN by attacking for the lead diminished the chances of his own horse'.
Rule 869(3)(g) states:
'No horseman in any race shall drive in any manner capable of diminishing the chances of his horse winning'.
This hearing commenced at 10.15 pm, the race itself having been run at 9.10pm.
Mr Frampton was present at the hearing. He acknowledged that he understood the Rule and that he admitted the breach.
Mr Mulcay demonstrated the incident by way of the available video footage. He identified LOFTY BROGDEN as having started from barrier position 4 behind the mobile start. The race was over 2200 metres. Mr Mulcay stated that the charge related to the manner in which Mr Frampton had driven the horse. He told the Committee that LOFTY BROGDEN had attacked the leading horse MISTER DANN on multiple occasions from shortly after the start of the race. MISTER DANN had started from barrier 2. LOFTY BROGDEN had been outside the leading horse for most of the race and Mr Frampton had 'driven the horse along' with the reins and his whip. He added that it was clear that the driver of MISTER DANN, Mr P Scaife, wanted to lead and wasn't going to 'hand up' the lead to LOFTY BROGDEN. Mr Mulcay told the Committee that the lead section of the race was run in 42.6 seconds, and the next quarter was run in 30.5, times which were quite fast for horses of their class. LOFTY BROGDEN eventually reached the lead when MISTER DANN began to weaken near the 700 metres. LOFTY BRODGEN finished in 9th place, some 17 lengths from the winner.
Mr Frampton acknowledged that it had 'not been my best drive'. He added that he had been instructed by LOFTY BROGDEN'S trainer that he was to take the horse to the front. He added that the horse had led and won over 2700 metres two starts prior and in doing so had run a faster time for the lead section than the race tonight.
Submissions for Penalty:
Mr Mulcay submitted that the JCA Penalty Guidelines for a breach of this Rule showed a starting point of a suspension of 40 drives or a fine of $2000, or a combination of both. He told the Committee the Stewards gave Mr Frampton credit for his frankness when initially interviewed and also for his admission of the breach. Mr Mulcay said that this breach was 'not the worst case scenario', and added that amateur drivers do not 'go around' with the same regularity as professional drivers. However he further added that punters still wagered on these types of races and that drivers still had to be responsible for their actions. The Stewards also believed that some leniency could be shown in this matter. On the matter of a likely penalty here, Mr Mulcay stated that the Stipendiary Stewards felt this could be dealt with by way of a suspension only and submitted that 3 months would be an appropriate period. He added that if a fine and suspension were to be considered the Stewards felt a $500 fine plus a suspension would be appropriate. The Stipendiary Stewards told the Committee that there was the potential for 2 amateur drivers races each month in the North Island depending on programming for meetings.
Mr Frampton told the Committee he had driven about 12 times in races during the last full season and that he drove in the North Island only. He acknowledged that it had not been a good drive on his part and asked that his penalty reflect a period of suspension only. He added that in his opinion this breach was at the lower end of the scale.
Reasons for Penalty:
The JCA Penalty Guide starting point for a breach of this Rule is a fine of $2000 or a 40 drive suspension or a combination of both.
We take into account that this is a serious breach and that Mr Frampton has admitted the breach at the first opportunity. Balanced against that is the fact that Mr Frampton persisted in attempting to take the lead when it was clear that the driver of the leading horse was not intending to relinquish the lead, and in doing so extinguished his horses' chances. Mr Frampton has no other recorded breaches of this Rule.
The video films confirmed the duelling occurred over various stages of the race and carried on until the 700 metres when MISTER DANN weakened badly to finish a long last. Clearly Mr Frampton made a poor decision and an error of judgement in assessing the pace of the race. In this instance the standard of driving was well below what is acceptable, with the chances of LOFTY BROGDEN being diminished when finishing unplaced and 17 lengths from the winner.
The committee did have regard for the fact Mr Frampton is an amateur driver.
In assessing a suitable penalty in this matter the Committee has to have regard for penalties handed down to other drivers who have breached this Rule, and to look at the circumstances surrounding those penalties. Those recorded penalties showed a range between 2 days and 12 weeks suspension from driving in races.
Therefore in fairness to Mr Frampton, at 10.30pm the committee announced we would reserve our decision on penalty until the 27 June 2014.
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: 71e3167c2ea34da0cb1908430d3aaf39
informantnumber: A3705
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Diminishing chances of horse
plea: admitted
penaltyrequired: 1
decisiondate: 17/06/2014
hearing_title: HR Waikato 26 June 2014 - R 8
charge:
facts:
Following the running of Race 8, the HAMILTON VET SERVICES AMATEUR DRIVERS MOBILE PACE, an Information was filed pursuant to Rule 869(3)(g).
The Informant, Stipendiary Steward Mr S Mulcay alleged that 'Advanced Amateur Horseman Mr R Frampton drove LOFTY BROGDEN by attacking for the lead diminished the chances of his own horse'.
Rule 869(3)(g) states:
'No horseman in any race shall drive in any manner capable of diminishing the chances of his horse winning'.
This hearing commenced at 10.15 pm, the race itself having been run at 9.10pm.
Mr Frampton was present at the hearing. He acknowledged that he understood the Rule and that he admitted the breach.
Mr Mulcay demonstrated the incident by way of the available video footage. He identified LOFTY BROGDEN as having started from barrier position 4 behind the mobile start. The race was over 2200 metres. Mr Mulcay stated that the charge related to the manner in which Mr Frampton had driven the horse. He told the Committee that LOFTY BROGDEN had attacked the leading horse MISTER DANN on multiple occasions from shortly after the start of the race. MISTER DANN had started from barrier 2. LOFTY BROGDEN had been outside the leading horse for most of the race and Mr Frampton had 'driven the horse along' with the reins and his whip. He added that it was clear that the driver of MISTER DANN, Mr P Scaife, wanted to lead and wasn't going to 'hand up' the lead to LOFTY BROGDEN. Mr Mulcay told the Committee that the lead section of the race was run in 42.6 seconds, and the next quarter was run in 30.5, times which were quite fast for horses of their class. LOFTY BROGDEN eventually reached the lead when MISTER DANN began to weaken near the 700 metres. LOFTY BRODGEN finished in 9th place, some 17 lengths from the winner.
Mr Frampton acknowledged that it had 'not been my best drive'. He added that he had been instructed by LOFTY BROGDEN'S trainer that he was to take the horse to the front. He added that the horse had led and won over 2700 metres two starts prior and in doing so had run a faster time for the lead section than the race tonight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Mulcay submitted that the JCA Penalty Guidelines for a breach of this Rule showed a starting point of a suspension of 40 drives or a fine of $2000, or a combination of both. He told the Committee the Stewards gave Mr Frampton credit for his frankness when initially interviewed and also for his admission of the breach. Mr Mulcay said that this breach was 'not the worst case scenario', and added that amateur drivers do not 'go around' with the same regularity as professional drivers. However he further added that punters still wagered on these types of races and that drivers still had to be responsible for their actions. The Stewards also believed that some leniency could be shown in this matter. On the matter of a likely penalty here, Mr Mulcay stated that the Stipendiary Stewards felt this could be dealt with by way of a suspension only and submitted that 3 months would be an appropriate period. He added that if a fine and suspension were to be considered the Stewards felt a $500 fine plus a suspension would be appropriate. The Stipendiary Stewards told the Committee that there was the potential for 2 amateur drivers races each month in the North Island depending on programming for meetings.
Mr Frampton told the Committee he had driven about 12 times in races during the last full season and that he drove in the North Island only. He acknowledged that it had not been a good drive on his part and asked that his penalty reflect a period of suspension only. He added that in his opinion this breach was at the lower end of the scale.
reasonsforpenalty:
The JCA Penalty Guide starting point for a breach of this Rule is a fine of $2000 or a 40 drive suspension or a combination of both.
We take into account that this is a serious breach and that Mr Frampton has admitted the breach at the first opportunity. Balanced against that is the fact that Mr Frampton persisted in attempting to take the lead when it was clear that the driver of the leading horse was not intending to relinquish the lead, and in doing so extinguished his horses' chances. Mr Frampton has no other recorded breaches of this Rule.
The video films confirmed the duelling occurred over various stages of the race and carried on until the 700 metres when MISTER DANN weakened badly to finish a long last. Clearly Mr Frampton made a poor decision and an error of judgement in assessing the pace of the race. In this instance the standard of driving was well below what is acceptable, with the chances of LOFTY BROGDEN being diminished when finishing unplaced and 17 lengths from the winner.
The committee did have regard for the fact Mr Frampton is an amateur driver.
In assessing a suitable penalty in this matter the Committee has to have regard for penalties handed down to other drivers who have breached this Rule, and to look at the circumstances surrounding those penalties. Those recorded penalties showed a range between 2 days and 12 weeks suspension from driving in races.
Therefore in fairness to Mr Frampton, at 10.30pm the committee announced we would reserve our decision on penalty until the 27 June 2014.
penalty:
Accordingly, Mr Frampton is suspended from driving in Amateur driver races from 27 June - 5 September 2014 inclusively, a period of 10 weeks.
hearing_type: Hearing
Rules: Rule 869(3)(g)
Informant: Mr S Mulcay, Stipendiary Steward
JockeysandTrainer: Mr R Frampton-Advanced Amateur driver, driver of LOFTY BROGDEN
Otherperson: Mr J Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b4422a2a9dfefb988ee72217a994fa78
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d800b566524923f04b5a8e90de1cb7ae
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/06/2014
meet_title: Harness Racing Waikato - 26 June 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato