HR Waikato 7 August 2014 – R 8
ID: JCA14857
Meet Title:
Harness Racing Waikato - 7 August 2014
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2014/08/07
Race Number:
R8
Decision:
Penalty:
Facts:
Following the running of the LIVE OR DIE @ NEVELE R STUD AMATEUR DRIVERS MOBILE PACE an Information was filed by Stipendiary Steward Mr S Mulcay against Advanced Amateur Horseman Mr J Kriechbaumer alleging that Mr Kriechbaumer drove LICENSE TO KILL carelessly contacting the wheel of the sulky of HUNUA HONEY (Driver W Rich) with approximately 200 metres to run causing his own horse to break.
Rule 869(3)(b) provides:
“No horseman in any Race shall drive carelessly.”
Mr Kriechbaumer was present and he acknowledged that he understood the Rule and he admitted the breach.
Mr Mulcay demonstrated the incident by use of the Race Films and he showed that Mr Kriechbaumer driving LICENSE TO KILL was three back on the Marker Line prior to the final turn. The horse in the trail moved outwards and Mr Kriechbaumer improved his horse forward and he made contact with the sulky wheel of HUNUA HONEY which caused his horse to break and lose all chance.
Mr Kriechbaumer said that his horse had two rein burrs and was fighting him all the way. The Committee reminded him that if he was going to use the rein burrs as an excuse then he should have been more careful.
Mr Kriechbaumer said that HUNUA HONEY stopped quickly and unexpectedly and because he was having troubles with his horse he could not avoid it.
The Committee pointed out to Mr Kriechbaumer that once the horse in front of him had moved out that he had chased his horse up and he had simply run into the back of HUNUA HONEY. Mr Kriechbaumer said that he did not chase his horse at all but that he was trying to hold on to it.
The Committee then asked Mr Mulcay to replay the Back Straight film of the incident and pointed out to Mr Kriechbaumer that he had in fact chased his horse up on two occasions.
Mr Mulcay said that Mr Kriechbaumer was anticipating the Passing Lane but he had made a mistake.
Submissions for Penalty:
Mr Mulcay said that this was a charge under Rule 869(3)(b) but he submitted that the JCA Guidelines starting point penalty under Rule 869(4) was appropriate. This provided a starting point penalty of suspension of licence for four drives or a $200.00 fine for hitting a wheel. Mr Mulcay submitted that a fine of $200.00 was appropriate.
Mr Kriechbaumer for his part said that he was an Amateur Driver and as such did not receive any monetary return for driving the horse and he would ask the Committee to take that into account. He also has a clear record.
Reasons for Penalty:
The Committee listened to the submissions from both parties and reviewed the films of the incident several times.
The films show the incident particularly well and show that prior to the 200 metre mark the horse in front of Mr Kriechbaumer moved out to get a run and Mr Kriechbaumer chased his horse up twice moving up in behind HUNUA HONEY and clearly he was anticipating being able to move into the Passing Lane. He made this move too soon and as a result hit the wheel of HUNUA HONEY and his horse broke and lost all chance. This is a very clear example of careless driving.
It was pointed out to Mr Kriechbaumer that those people who had bet on his horse and the owners of the horse were denied a fair opportunity because of his actions.
Mr Mulcay has referred us to Rule 869(4) but the charge is under Rule 869(3)(b) and we will deal with penalty under that Rule.
The JCA starting point penalties under this Rule are suspension of licence for eight drives or a $400.00 fine.
The aggravating factors are that this is a very clear example of careless driving and error of judgment. The consequences on the Betting Public and the Owners of the horse are also aggravating features.
In mitigation however, Mr Kriechbaumer has admitted the breach (although he had no alternative) he does have a clear record and he is an Amateur Horseman.
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: 84a7965697885d90459c61474537e6db
informantnumber: A3710
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 05/08/2014
hearing_title: HR Waikato 7 August 2014 – R 8
charge:
facts:
Following the running of the LIVE OR DIE @ NEVELE R STUD AMATEUR DRIVERS MOBILE PACE an Information was filed by Stipendiary Steward Mr S Mulcay against Advanced Amateur Horseman Mr J Kriechbaumer alleging that Mr Kriechbaumer drove LICENSE TO KILL carelessly contacting the wheel of the sulky of HUNUA HONEY (Driver W Rich) with approximately 200 metres to run causing his own horse to break.
Rule 869(3)(b) provides:
“No horseman in any Race shall drive carelessly.”
Mr Kriechbaumer was present and he acknowledged that he understood the Rule and he admitted the breach.
Mr Mulcay demonstrated the incident by use of the Race Films and he showed that Mr Kriechbaumer driving LICENSE TO KILL was three back on the Marker Line prior to the final turn. The horse in the trail moved outwards and Mr Kriechbaumer improved his horse forward and he made contact with the sulky wheel of HUNUA HONEY which caused his horse to break and lose all chance.
Mr Kriechbaumer said that his horse had two rein burrs and was fighting him all the way. The Committee reminded him that if he was going to use the rein burrs as an excuse then he should have been more careful.
Mr Kriechbaumer said that HUNUA HONEY stopped quickly and unexpectedly and because he was having troubles with his horse he could not avoid it.
The Committee pointed out to Mr Kriechbaumer that once the horse in front of him had moved out that he had chased his horse up and he had simply run into the back of HUNUA HONEY. Mr Kriechbaumer said that he did not chase his horse at all but that he was trying to hold on to it.
The Committee then asked Mr Mulcay to replay the Back Straight film of the incident and pointed out to Mr Kriechbaumer that he had in fact chased his horse up on two occasions.
Mr Mulcay said that Mr Kriechbaumer was anticipating the Passing Lane but he had made a mistake.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Mulcay said that this was a charge under Rule 869(3)(b) but he submitted that the JCA Guidelines starting point penalty under Rule 869(4) was appropriate. This provided a starting point penalty of suspension of licence for four drives or a $200.00 fine for hitting a wheel. Mr Mulcay submitted that a fine of $200.00 was appropriate.
Mr Kriechbaumer for his part said that he was an Amateur Driver and as such did not receive any monetary return for driving the horse and he would ask the Committee to take that into account. He also has a clear record.
reasonsforpenalty:
The Committee listened to the submissions from both parties and reviewed the films of the incident several times.
The films show the incident particularly well and show that prior to the 200 metre mark the horse in front of Mr Kriechbaumer moved out to get a run and Mr Kriechbaumer chased his horse up twice moving up in behind HUNUA HONEY and clearly he was anticipating being able to move into the Passing Lane. He made this move too soon and as a result hit the wheel of HUNUA HONEY and his horse broke and lost all chance. This is a very clear example of careless driving.
It was pointed out to Mr Kriechbaumer that those people who had bet on his horse and the owners of the horse were denied a fair opportunity because of his actions.
Mr Mulcay has referred us to Rule 869(4) but the charge is under Rule 869(3)(b) and we will deal with penalty under that Rule.
The JCA starting point penalties under this Rule are suspension of licence for eight drives or a $400.00 fine.
The aggravating factors are that this is a very clear example of careless driving and error of judgment. The consequences on the Betting Public and the Owners of the horse are also aggravating features.
In mitigation however, Mr Kriechbaumer has admitted the breach (although he had no alternative) he does have a clear record and he is an Amateur Horseman.
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr J Kriechbaumer - Advanced Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7bc7244804c15a04a7b82127a86458a2
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: e94fab199bb46536fcc9f5b5a1813430
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/08/2014
meet_title: Harness Racing Waikato - 7 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato