NZ Metro TC – 31 August 2010 – R 2

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startdate: 31/08/2010

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hearing_title: NZ Metro TC - 31 August 2010 - R 2

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N M Ydgren, Stipendiary Steward

Defendant:  T S Trathen, Licensed Open Driver

Information No:  69266

Meeting:  New Zealand Metropolitan Trotting Club

Date: 3 1 August 2010

Venue:  Addington Raceway

Race:  2

Rule No:  868 (2) or (3)

Judicial Committee: R G McKenzie, Chairman – J M Phelan, Committee Member

Plea: Admitted

FACTS:

Following the running of Race 2, “The Pres” at Wai Eyre Farm Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr T S Trathen, alleging a breach of Rule 868 (2) or (3) in that Mr Trathen, “as the driver of IDLE MAPLE failed to drive this horse out in the run home and/or failed to ensure his horse was given full opportunity to win the race or to obtain the best possible position and/or finishing place”.

Mr Trathen was present at the hearing of the information and indicated that he admitted the breach.

Rule 868 provides as follows:

(2)     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.

(3)     Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running first, second, third, fourth, fifth or sixth.             

SUBMISSIONS:

Mr Ydgren said that the Stewards were alleging that Mr Trathen had spent “the majority of the run home” attempting to activate the removable hood on IDLE MAPLE. However, the cord had broken. The Stewards were alleging that Mr Trathen should have ceased attempting to activate the hood far earlier than he did and adopted alternative actions by way of urging his horse – use of his whip or reining the horse. Mr Ydgren conceded that Mr Trathen had used his whip on two occasions near the finishing line but that was “far too late”. By that stage in the race, his chances of winning the race were gone. The Committee noted that IDLE MAPLE had finished in 2^nd placing in the race, beaten by a ½ neck.

Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 200-300  metres of the race. Turning for home, the horse was racing in the one out one back position. When Mr Trathen pulled the horse out for a run, he attempted repeatedly, but unsuccessfully, to activate the removable hood. Mrs Williams said the Stewards believed that he should have desisted from attempting to activate the removable hood and concentrated in driving his horse out. At one point, Mrs Williams alleged, Mr Trathen had turned his whip but had then reverted to attempting to activate the hood. Mrs Williams alleged that Mr Trathen had made approximately 10 unsuccessful attempts to activate the hood. She stressed the losing margin (a ½ neck) and submitted that, had Mr Trathen given up earlier, the horse would have run on better than it did.

Mr Ydgren stated that he believed that Mr Trathen had lost any chance he may have had of beating the winner, but conceded that it was speculation as to whether the horse would have won the race.

Mr Trathen explained that he had purchased the equipment only two days ago. He attempted to pull the cord in the straight until the last 50 metres at which stage the horse was “all done”, he said. He “gave her a couple” but did not think he would have got to the winner. He did not realise, until pulling up, that the cord had broken. He said that the mare had tried hard and hitting her any more would not have helped. He says that he trains two or three horses and IDLE MAPLE was the only one currently racing.

DECISION:

The charge under Rule 868 (3) was found proved. As the charge was laid in the alternative, the charge under Rule 868 (2) was dismissed.

SUBMISSION(S) ON PENALTY:

Mr Ydgren informed the Committee that Mr Trathen drives only infrequently, usually his own horses. He had a total of 6 drives in the 2009/2010 season and this was his first drive for the current season. In his career, he had had a total of 546 drives for 25 wins. Mr Ydgren had no record of any previous breaches. This was a serious charge, Mr Ydgren said. He asked the Committee to take into account Mr Trathen’s very frank admission of the breach.

Mr Trathen accepted that a suspension was appropriate and he expressed preference for a suspension rather than a fine.

REASONS:

In determining penalty, the Committee took into account, as mitigating factors, Mr Trathen’s admission of the breach and his very good driving record. However, against those, the charge is a serious one in that his horse’s chances of winning the race may have been reduced. This, of course, has an effect on members of the betting public who supported the horse. However, the Committee accepts that the breach resulted from the malfunction of the removable hood and Mr Trathen’s being distracted by his attempts to activate it, at the expense of driving his horse out as required by the Rule. This was most likely a consequence of Mr Trathen’s lack of recent race driving and we have some sympathy for him in this regard and took this into account.

PENALTY:

Mr Trathen’s Open Horseman’s licence was suspended from today up to and including Tuesday, 12 October 2010 – effectively, 6 weeks.

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hearing_type: Old Hearing

Rules: 869(2) or (3)

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race_title: R 2

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meetdate: 31/08/2010

meet_title: NZ Metro TC - 31 August 2010

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name: NZ Metro TC