HR Waikato 28 December 2016 – R 10 (heard 30 December 2016 at Cambridge) – Chair, Mr A Godsalve

hearingid: 74b4f64cc06a2107ae9023e38393b816

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hearing_racingtype: harness-racing

startdate: 28/12/2016

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hearing_title: HR Waikato 28 December 2016 - R 10 (heard 30 December 2016 at Cambridge) - Chair, Mr A Godsalve

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant:  Mr J Muirhead, Stipendiary Steward
Respondent:  Mr R Argue, Licensed Junior Horseman
Other Parties:  Mr J Dickie, Licensed Open Horseman assisting Mr Argue, Mr J Abernethy, Licensed Open Horseman assisting Mr Argue
Information No:  A7479
Meeting:  Harness Racing Waikato (at Te Awamutu) 28 December 2016 (heard at Cambridge Raceway 30 December 2016)
Rule:  868(2)
Race:  10
Judicial Committee:  Mr A Godsalve (Chair), Mr A Dooley (Committee Member)
Plea:  Admitted
Charge:  Failing to take all reasonable and permissible measures

Evidence
Following the running of Race 10, the NI TRAINERS & DRIVERS ASSN JUNIOR DRIVERS MOBILE PACE, an Information was presented by Mr Muirhead alleging that Junior Horseman Mr R Argue ‘failed to take all reasonable and permissible measures approaching the 400 metres to ensure THIS EXCUSE IS FINE was given full opportunity to win or obtain the best possible position and or finishing place by electing to shift out off the back of ECLIPSE ME (leader)’.

The hearing was commenced after the final race was completed. Initially Mr Argue was represented by Mr J Abernethy as Mr Dickie, his employer, was unavailable. The charge was read to the parties, and Mr Argue indicated that he wished to take advice as this was a serious matter. He indicated he did not wish to plea to the charge.

Mr Dickie, when he was able to, stated that he wished to view the available films of the race in question with Mr Argue. Permission was granted for this to take place.

The Committee then adjourned the matter until 4.30pm on Friday 30th December, to be dealt with prior to the Cambridge Harness meeting that evening.

Mr Dickie committed to discussing the matter with Mr Argue, and informing the Stipendiary Stewards when a plea was decided upon.

Rule 868(2) provides ‘Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place’.

This hearing re-convened at 4.30pm on 30 December 2016, prior to the Waikato Harness meeting at Cambridge.

The charge was again read to Mr Argue, who then indicated that he wished to admit the breach, and amended the Information accordingly. Mr Dickie was again present to assist Mr Argue. Mr Dickie is also co-trainer of the horse in question.

Mr Muirhead told the Committee that the horse THIS EXCUSE IS FINE was the 2nd favourite in the race in question. Using the available video films, Mr Muirhead identified the horses ECLIPSE ME and THIS EXCUSE IS FINE as the field neared the home straight and the end of the ‘dummy’ straight. ECLIPSE ME was leading, with THIS EXCUSE IS FINE behind it on the leaders back. The horse, THE TRACKER was in a 3 wide position. As the horses turned into the straight, Mr Muirhead demonstrated that ELDOLAR which had been in the 1x1 position shifted out to a 3 wide position. Mr Argue then steered THIS EXCUSE IS FINE away from the running rail, hence losing the opportunity to take advantage of the passing lane. In doing so he became pocketed behind RED MAGIC which had been outside the leader. Mr Muirhead stated that it was apparent that THIS EXCUSE IS FINE appeared to be ‘happy’ trailing ECLIPSE ME, and that Mr Argue used bad judgement by not staying where he was and utilising the passing lane. He pointed out on the films that Mr Argue had steered the horse outwards and it was not the horses actions which led to it moving away from the passing lane position. As the field neared the finish, Mr Muirhead pointed out that THIS EXCUSE IS FINE was running on but was blocked by horses in front and eventually finished in 5th place. Mr Muirhead said that the Stewards believed that the horse should have finished in at least 3rd place if not 2nd, and that the horse was less than ½ length from being 2nd. He stated that Mr Argue had let the betting public down and was ‘culpable’.

Prior to Mr Dickie speaking on behalf of Mr Argue, the Committee asked what the stable expectations were prior to the race. Mr Dickie said it was the 2nd favourite in the race and its form leading into the race had been good.

Mr Dickie acknowledged that Mr Argue had made a mistake in moving out when he did. He added that THIS EXCUSE IS FINE was a horse which did not have a sustained sprint and needed to be out and ‘rolling’ in its’ races. He added that the race had been run at a slow tempo along the back straight. He added that he thought Mr Argue was still learning as regards his raceday driving ability went.

Decision
As Mr Argue has admitted the breach we find the charge proved.

Penalty Submissions
Mr Muirhead referred to the JCA Penalty Guide which provides a starting point of a $750 fine or a 15 drive suspension for a breach of this Rule.

He stated that the Stewards believed Mr Argue had showed bad judgement in this matter, however they did not consider there was any intent on his part to not finish in the best position he was able to. Mr Muirhead said Mr Argues’ actions had fallen below was what reasonable and permissible and that his mistake could lead to a fall in public confidence in the industry. He added that that the Stewards believed the breach was at a medium level on the scale of seriousness and asked for a suspension of a minimum of 6 racedays. Mr Muirhead said that Mr Argue had a clear record relative to this Rule, however his overall driving record gave cause for concern to the Stewards.

Mr Argue stated that he would prefer to start any suspension after the meeting that night had ended. He said he would possibly have had a drive at the meeting at New Plymouth on 5th January but did not have any confirmed drives at other ‘grass track’ meetings coming up in the Central Districts in January. He told the Committee that he usually drove once or twice at race meetings in the upper North Island.

Reasons for Penalty
The Committee confirmed that the starting point per the JCA Penalty Guide was a 15 drive suspension or a $750 fine. We take into account that Mr Argue has now admitted this breach.

The Committee found it concerning that Mr Argue was breaching Rules relative to how he drove on a regular basis. Since August 2016 he has been fined and/or suspended 4 times. The Committee is aware that in October 2016 his horse was disqualified from 1st placing after Mr Argue drove most of the way up the home straight inside the pylons. While he does not have any prior breaches of this Rule, his overall driving record-for a Junior Driver-is not satisfactory. We remind Mr Argue that it is owners who pay the training fees, and punters who invest on horses. The Committee agrees that THIS EXCUSE IS FINE should have finished at least 3rd in this race, and very probably 2nd. It is paramount that people feel that they have had a ‘fair run’ for their money, and any suggestion that horses are not being given every opportunity to win or place must be discouraged. The Committee considered this breach was at the medium-high level on the scale of seriousness.

In assessing a term of suspension of Mr Argues driving licence we allowed a 2 drive reduction for his admission and record under the subject Rule.

In arriving at a penalty which is meaningful and which acts as a deterrent, the Committee has arrived at a term of suspension which may be less than it would have given-however balancing that we intend to impose a fine on Mr Argue as part of that penalty. Mr Argue has to realise that if he is to continue driving in races his responsibility to connections and punters is paramount.

We have not been provided with any evidence-by either Mr Dickie or Mr Argue’s father who also trains-that they will have horses for Mr Argue to drive on the Central Districts grass circuit during January.

Penalty
Mr Argues’ licence to drive in races is suspended from after the meeting on 30 December 2016 until after the meeting at Alexandra Park on 26 January 2017 - 7 racedays.

The Committee also imposes a fine of $250 on Mr Argue.

Meetings involved in the above suspension are:
5 January 2017 - New Plymouth
6 January 2017 - Cambridge
13 January 2017 - Cambridge
15 January 2017 - Rotorua
20 January 2017 - Cambridge
21 January 2017 - Thames
26 January 2017 - Auckland
 

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hearing_type: Old Hearing

Rules: 868(2)

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