NZ Metropolitan TC 19 October 2018 – R 8 – Chair, Mr D Jackson
ID: JCA14764
Meet Title:
NZ Metro TC - 19 October 2018
Meet Chair:
DJackson
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/10/19
Race Number:
R 8
Decision:
Mr Hope admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.
Penalty:
The Committee will impose, in effect, a 20-drive suspension. However, it will be modified to allow Mr Hope to return to driving sooner (noting that he drives approximately twice per meeting). Mr Hope will be suspended for five meetings and will be fined $500. He did not seek a deferment and will be suspended from driving on 28 and 29 October, 2, 3 and 9 November 2018.
Facts:
Mr Hope is charged with incompetent driving for allowing his horse, TAKE AFTER ME, to pace throughout the concluding 1400 metres of a 1980 metre trotting race.
Mr Hope admitted the breach.
Mr Ydgren replayed the incident using the video footage. It showed TAKE AFTER ME racing five back on the fence, in the correct gait, when the horse in front of it, KIITOS, galloped and came back on TAKE AFTER ME, checking that horse and causing it to also lose stride and gallop. The video shows Mr Hope restrain and control TAKE AFTER ME, get it safely around KIITOS, and resume its gait. However, it fell into a pacing gait, not a trotting gait, which continued throughout the remainder of the race.
Submissions for Penalty:
Mr Ydgren submitted that the circumstances and consequences of the breach warranted Mr Hope being charged under this Rule. That said, Mr Ydgren accepted that it was an error by a junior reinsman which was entirely borne out of inexperience. He informed the Committee that Mr Hope’s drive, TAKE AFTER ME, had in excess of 110 race starts as a pacer and that this was only his 10th start as a trotter. He accepted that the horse easily fell into and was prone to pace.
Mr Ydgren noted that under the Penalty Guidelines the starting point for incompetent driving was an 80 drive suspension or $4,000 fine. He asked the Committee not to use a sledgehammer to crack a nut however.
Mr Ydgren submitted that a 20 drive suspension would be appropriate here having regard to similar instances of incompetence by junior drivers. He informed the Committee that Mr Hope had had 145 drives for 17 wins last season and had had 28 drives so far this season. He accepted that Mr Hope was inexperienced with trotters having only driven in 19 or so trotting races to date. This was an error of judgment by a young driver, there was no interference with anyone else and he submitted that leniency or mercy was appropriate. Mr Ydgren did not oppose the length of any suspension being tempered by the imposition of a fine.
Mr Williamson accepted Mr Ydgren’s submissions and expressed his agreement to Mr Hope being suspended and/or fined. Mr Williamson emphasised that TAKE AFTER ME was a former pacer and that it had returned to that gait so naturally and easily that Mr Hope had some excuse for failing to recognise the difference. Mr Williamson pointed out that it was the sort of error that a junior horseman will never likely repeat.
Mr Hope, to his credit, accepted that he had “stuffed up”. He acknowledged that he was unaware of the change of gait and that he ought to have identified it immediately and restrained the horse.
Reasons for Penalty:
The Committee considers this to be a clear case of incompetent driving. It is low to medium level incompetence, which fortunately had no bearing on the race outcome or otherwise caused any loss to connections and the betting public. The penalty guideline does not assist here having regard to the nature of the breach, its consequences and the mitigating factors identified. This is a case where the Chief Stipendiary Steward has indicated, properly, that the punishment should meet the breach and that Mr Hope is better served by continuing to drive rather than sitting out a lengthy suspension.
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: 79149bb76cfa185fe9a03699fa415ae0
informantnumber: A12404
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Incompetent Driving
plea: admitted
penaltyrequired: 1
decisiondate: 23/10/2018
hearing_title: NZ Metropolitan TC 19 October 2018 - R 8 - Chair, Mr D Jackson
charge:
facts:
Mr Hope is charged with incompetent driving for allowing his horse, TAKE AFTER ME, to pace throughout the concluding 1400 metres of a 1980 metre trotting race.
Mr Hope admitted the breach.
Mr Ydgren replayed the incident using the video footage. It showed TAKE AFTER ME racing five back on the fence, in the correct gait, when the horse in front of it, KIITOS, galloped and came back on TAKE AFTER ME, checking that horse and causing it to also lose stride and gallop. The video shows Mr Hope restrain and control TAKE AFTER ME, get it safely around KIITOS, and resume its gait. However, it fell into a pacing gait, not a trotting gait, which continued throughout the remainder of the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hope admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.
sumissionsforpenalty:
Mr Ydgren submitted that the circumstances and consequences of the breach warranted Mr Hope being charged under this Rule. That said, Mr Ydgren accepted that it was an error by a junior reinsman which was entirely borne out of inexperience. He informed the Committee that Mr Hope’s drive, TAKE AFTER ME, had in excess of 110 race starts as a pacer and that this was only his 10th start as a trotter. He accepted that the horse easily fell into and was prone to pace.
Mr Ydgren noted that under the Penalty Guidelines the starting point for incompetent driving was an 80 drive suspension or $4,000 fine. He asked the Committee not to use a sledgehammer to crack a nut however.
Mr Ydgren submitted that a 20 drive suspension would be appropriate here having regard to similar instances of incompetence by junior drivers. He informed the Committee that Mr Hope had had 145 drives for 17 wins last season and had had 28 drives so far this season. He accepted that Mr Hope was inexperienced with trotters having only driven in 19 or so trotting races to date. This was an error of judgment by a young driver, there was no interference with anyone else and he submitted that leniency or mercy was appropriate. Mr Ydgren did not oppose the length of any suspension being tempered by the imposition of a fine.
Mr Williamson accepted Mr Ydgren’s submissions and expressed his agreement to Mr Hope being suspended and/or fined. Mr Williamson emphasised that TAKE AFTER ME was a former pacer and that it had returned to that gait so naturally and easily that Mr Hope had some excuse for failing to recognise the difference. Mr Williamson pointed out that it was the sort of error that a junior horseman will never likely repeat.
Mr Hope, to his credit, accepted that he had “stuffed up”. He acknowledged that he was unaware of the change of gait and that he ought to have identified it immediately and restrained the horse.
reasonsforpenalty:
The Committee considers this to be a clear case of incompetent driving. It is low to medium level incompetence, which fortunately had no bearing on the race outcome or otherwise caused any loss to connections and the betting public. The penalty guideline does not assist here having regard to the nature of the breach, its consequences and the mitigating factors identified. This is a case where the Chief Stipendiary Steward has indicated, properly, that the punishment should meet the breach and that Mr Hope is better served by continuing to drive rather than sitting out a lengthy suspension.
penalty:
The Committee will impose, in effect, a 20-drive suspension. However, it will be modified to allow Mr Hope to return to driving sooner (noting that he drives approximately twice per meeting). Mr Hope will be suspended for five meetings and will be fined $500. He did not seek a deferment and will be suspended from driving on 28 and 29 October, 2, 3 and 9 November 2018.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr B Hope - Junior Driver
Otherperson: Mr P Williamson - assisting Mr Hope
PersonPresent:
Respondent:
StipendSteward:
raceid: 6248e9326f0dd9d731c3e982a7a8c475
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0f3eb280ad9bf976fcdbe308a8d4b253
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/10/2018
meet_title: NZ Metro TC - 19 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC