NZ Metro TC – 11 December 2008 – Race 8

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startdate: 11/12/2008

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hearing_title: NZ Metro TC - 11 December 2008 - Race 8

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Decision:

Following the running of Race 8, Continental Event Hire Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr J R Bennett, alleging that Mr Bennett, as the driver of JOEONACLOUD in the Race, drove incompetently or, in the alternative, carelessly when running up the back of ALEXANDER (P J Davis) causing his own horse to break with approximately 300 metres to run.

DECISION AND REASONS:

Following the running of Race 8, Continental Event Hire Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr J R Bennett, alleging that Mr Bennett, as the driver of JOEONACLOUD in the Race, drove incompetently or, in the alternative, carelessly when running up the back of ALEXANDER (P J Davis) causing his own horse to break with approximately 300 metres to run.

Mr Bennett was present at the hearing of the information and did not admit the breach.

Mrs Williams stated that Mr Bennett had been racing at the rear of the field and had continued to “chase his horse up” and had used the whip. The horse had continued to run on and had struck the back of the sulky of ALEXANDER (P J Davis) which was giving ground at the time. Mr Bennett had failed to perform to the required standard of a competent driver. She alleged that it was clear from the video replay.  Mrs Williams said that the Stipendiary Stewards regarded the incident as more serious than simply striking a sulky wheel.

Mr N G McIntyre showed video replays of the incident. He said that he had witnessed the incident from the patrol box at the top of the home straight. He said that Mr Bennett had continued to drive his horse with the reins and whip. He took no corrective action and had run straight into the back of ALEXANDER.  Mr Davis was coming back at “a slow and steady rate” and not a “sharp rate”. At no stage did Mr Bennett take any corrective action to try and get around ALEXANDER but continued to drive his horse until it was too late.

Mr Bennett said that, at the start of the Race, the horse had not wanted to move up to the gate and, during the Race, was “hanging back”. At the 400 metres, he was aware of where Mr Davis was – “lengths ahead”, he said - but, with the way JOEONACLOUD was travelling and with him being a big horse, he put Mr Bennett “in a blind spot”. He did not realise that Mr Davis was coming back. He was not that careless as he was able to pull his horse off, he said. He admitted that he had “done something wrong” but did not admit to being careless or incompetent. The horse was “back off them” and he was trying to get him up. He was only flicking the horse with the whip. It was not acceptable what had happened to Mr Davis, he said, in response to a question from Mrs Williams. He did take a hold of the horse but it was too late.

The Committee was satisfied that Mr Bennett’s driving was not up to the standard of a reasonably competent driver in this instance and was more than an error of judgment on his part. On this occasion, Mr Bennett’s driving was manifestly lacking the necessary skills for effective driving. It had crossed over the line between careless driving and incompetent driving. Although he did not believe that he was to blame for what happened, Mr Bennett was unable to provide a reasonable explanation for what happened, let alone a defence to the charge of driving incompetently. He was urging his horse to improve, oblivious to the fact that ALEXANDER was retreating in front of him and for him to say that he did not see Mr Davis is evidence of incompetence, when viewed in the light of the other evidence, sufficient to justify a finding that he drove incompetently. Quite simply, he drove into the back of Alexander’s sulky and made a very solid contact with it when a competent driver would have seen, steered clear of and avoided the retreating ALEXANDER. A nasty accident could have ensued but, fortunately, did not. 

The Committee was satisfied that the charge of driving incompetently was proved.

Mrs Williams informed the Committee that Mr Bennett had received a 3-days’ suspension at the meeting of Forbury Park TC on 4 September 2008. She referred to the Penalty Guide issued by the Judicial Control Authority which suggested a starting point for a charge of incompetent driving of 3 months’ suspension. Mrs Williams said that she did not believe the breach warranted a penalty of that magnitude but that the Stipendiary Stewards were looking for a suspension for one month.

Mr Bennett said that he had been driving only since the end of last season. According to Mrs Williams, he has had a total of 17 raceday drives. Mr Bennett advised the Committee that he had one confirmed drive at the Methven meeting on Sunday, 14 December.  He said that he mainly drives his own horses and currently has two racing.

The Committee was clearly of the view that a term of suspension was required. In arriving at the length of the term, the Committee took into account:

·         Mr Bennett’s inexperience;

·         The previous charge at the Forbury Park meeting;

·         The starting point contained in the Penalty Guide;

·         Mrs Williams’ recommendation of a one month’s suspension;

·         The fact that, while it was a bad piece of driving, no other runner in the Race was affected;

·         The fact that a period of one month would encompass a large number of meetings at which Mr Bennett could potentially have driven over the holiday period; and

·         That Mr Bennett showed contrition following the finding that the charge was proved.

Mr Bennett’s Graduation Horseman’s licence was suspended from after the close of racing on Sunday, 14 December 2008, up to an including Sunday, 11 January 2009 – 4 weeks.    

 R G McKenzie

CHAIRMAN

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race_title: Race 8

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meetdate: 11/12/2008

meet_title: NZ Metro TC - 11 December 2008

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name: NZ Metro TC