Waikato BOP H 21 March 2019 -R 3 – Chair, Mr A Godsalve
ID: JCA17396
Meet Title:
Harness Racing Waikato - 21 March 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2019/03/21
Race Number:
R3
Decision:
As Mr Abernethy has admitted the breach we find the charge proved.
Penalty:
The Committee therefore imposed a fine of $200 on Mr Abernethy.
Facts:
Following the running of Race 3, the Repco Cambridge Mobile Pace 2200m an Information was presented by Mr Mulcay in which he alleged that Mr J Abernethy 'allowed his gelding to shift in shortly after the start checking KUNDANA GOLD which broke and lost ground'.
Mr Abernethy was present at the hearing and ackowledged that:
(a) He understood the Rule,
(b) and that he admitted the breach.
Rule 869(4) states 'No horseman shall during any race do anything which interferes or is likely to intefere with his own horse and/or any other horse or its progress'.
Using the films Mr Mulcay identified PETER FORSBERG, driven by Mr Abernethy, at the start. When the race started it was apparent on the film that Mr Abernethy crossed his reins and struck PETER FORSBERG with his whip. PETER FORSBERG had been in barrier position 5 at the start, and when struck with the whip the horse reacted by shifting in abruptly and causing a check to KUNDANA GOLD on its inside. This caused KUNDANA GOLD to go off stride and lose ground.
Mr Abernethy agreed with Mr Mulcay's summation of the incident and added that while he corrected his horse as soon as he could, the damage to KUNDANA GOLD had been done.
Submissions for Penalty:
Mr Mulcay made reference to the JCA Penalty Guide which provides for a fine of $300 or a suspension of 6 drives where a driver has a clear record under the Rule. Mr Mulcay confirmed that Mr Abernethy did not have any prior breaches to consider, and that he had admitted the breach. He said that the Stewards believed the incident was at the lower end of the scale and submitted that a fine could be an appropriate penalty.
Mr Abernethy told the Committee that he believed a fine below the starting point was appropriate as the incident was at the low level and that he admitted the breach.
Reasons for Penalty:
The Committee confirmed that a fine of $300 or a 6 drive suspension was the starting point under the JCA Penalty Guide. We took into account Mr Abernethy's clear record and his admission and agreed that the breach was at the low end of the scale. We therefore deemed a reduction on the starting point could be considered.
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: de96d2ff61623a56e3e92f735493f7a5
informantnumber: A10595
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving causing interference to another horse causing it to break
plea: admitted
penaltyrequired: 1
decisiondate: 23/03/2019
hearing_title: Waikato BOP H 21 March 2019 -R 3 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 3, the Repco Cambridge Mobile Pace 2200m an Information was presented by Mr Mulcay in which he alleged that Mr J Abernethy 'allowed his gelding to shift in shortly after the start checking KUNDANA GOLD which broke and lost ground'.
Mr Abernethy was present at the hearing and ackowledged that:
(a) He understood the Rule,
(b) and that he admitted the breach.
Rule 869(4) states 'No horseman shall during any race do anything which interferes or is likely to intefere with his own horse and/or any other horse or its progress'.
Using the films Mr Mulcay identified PETER FORSBERG, driven by Mr Abernethy, at the start. When the race started it was apparent on the film that Mr Abernethy crossed his reins and struck PETER FORSBERG with his whip. PETER FORSBERG had been in barrier position 5 at the start, and when struck with the whip the horse reacted by shifting in abruptly and causing a check to KUNDANA GOLD on its inside. This caused KUNDANA GOLD to go off stride and lose ground.
Mr Abernethy agreed with Mr Mulcay's summation of the incident and added that while he corrected his horse as soon as he could, the damage to KUNDANA GOLD had been done.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Abernethy has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay made reference to the JCA Penalty Guide which provides for a fine of $300 or a suspension of 6 drives where a driver has a clear record under the Rule. Mr Mulcay confirmed that Mr Abernethy did not have any prior breaches to consider, and that he had admitted the breach. He said that the Stewards believed the incident was at the lower end of the scale and submitted that a fine could be an appropriate penalty.
Mr Abernethy told the Committee that he believed a fine below the starting point was appropriate as the incident was at the low level and that he admitted the breach.
reasonsforpenalty:
The Committee confirmed that a fine of $300 or a 6 drive suspension was the starting point under the JCA Penalty Guide. We took into account Mr Abernethy's clear record and his admission and agreed that the breach was at the low end of the scale. We therefore deemed a reduction on the starting point could be considered.
penalty:
The Committee therefore imposed a fine of $200 on Mr Abernethy.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J Abernethy - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c3867b042652a38b0e529a9a64daf95d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c883179537422214af318080fd6b6541
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/03/2019
meet_title: Harness Racing Waikato - 21 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato