Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Waikato BOP H 29 April 2021 – R 1 – Chair, Mr A Godsalve

ID: JCA14243

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr B Hadley - Amateur Driver

Information Number:
A14205

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 29 April 2021

Meet Chair:
AGodsalve

Race Date:
2021/04/29

Race Number:
R1

Decision:

Mr Hadley has admitted the breach and therefore the charge is proved.

Penalty:

A fine of $250 was imposed on Mr Hadley.

Facts:

After the running of Race 1, Mr Mulcay submitted an Information in which he alleged that Amateur Horseman, B Hadley, driving  ALLEY MAE, drove carelessly in the home straight when allowing his runner to race over the track markers, resulting in his horse breaking.

Mr Hadley was present at the hearing and acknowledged that he understood the Rule, and that he admitted the breach.

Rule 869(3)(b) provides that 'No driver in any race shall drive carelessly'.

Using the films Mr Mulcay identified the horse ALLEY MAE as the field rounded the home turn. ALLEY MAE was 3 back on the outside at the time, and shortly after Mr Hadley angled his drive down towards the markers behind HIGHVIEW JUSTICE (J Brownlee). Once into the home straight HIGHVIEW JUSTICE was entitled to the passing lane and took that position. Mr Hadley continued to drive ALLEY MAE forward and attempted to improve inside HIGHVIEW JUSTICE when there was insufficient room to do so. As a result ALLEY MAE ran over a number of markers and went off stride.

Mr Hadley said that he driven HIGHVIEW JUSTICE in the past and he was expecting that horse to 'run outwards' in the home straight as it has been known to do. He agreed that he had erred in attempting to drive his horse forward into a gap which was never wide enough.

Submissions for Penalty:

Mr Mulcay said that Mr Hadley had a clear record in respect of this Rule, and had admitted the breach. He added that the JCA Penalty Guide provides a starting point of a $500 fine or a 10 drive suspension.  Mr Mulcay added that the Stewards submitted that a fine would be an appropriate penalty, and added that since this was an Amateur Drivers' race it would be difficult to assess dates for any suspension as those races had yet to be programmed. He added that the Stewards felt a discount on the starting point may be appropriate.

Mr Hadley said he was in a position to pay a fine.

Reasons for Penalty:

This incident was at the lower end of the scale. While ALLEY MAE lost its chance through galloping, it was apparent that the horse was not going to feature in the placegetters. No other horse was affected. The Committee determined that a fine would be an appropriate penalty and took note of fines imposed on other drivers in similar circumstances.

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: 6b7107e7970b751b40e35bcd4ed65d96


informantnumber: A14205


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 29/04/2021


hearing_title: Waikato BOP H 29 April 2021 - R 1 - Chair, Mr A Godsalve


charge:


facts:

After the running of Race 1, Mr Mulcay submitted an Information in which he alleged that Amateur Horseman, B Hadley, driving  ALLEY MAE, drove carelessly in the home straight when allowing his runner to race over the track markers, resulting in his horse breaking.

Mr Hadley was present at the hearing and acknowledged that he understood the Rule, and that he admitted the breach.

Rule 869(3)(b) provides that 'No driver in any race shall drive carelessly'.

Using the films Mr Mulcay identified the horse ALLEY MAE as the field rounded the home turn. ALLEY MAE was 3 back on the outside at the time, and shortly after Mr Hadley angled his drive down towards the markers behind HIGHVIEW JUSTICE (J Brownlee). Once into the home straight HIGHVIEW JUSTICE was entitled to the passing lane and took that position. Mr Hadley continued to drive ALLEY MAE forward and attempted to improve inside HIGHVIEW JUSTICE when there was insufficient room to do so. As a result ALLEY MAE ran over a number of markers and went off stride.

Mr Hadley said that he driven HIGHVIEW JUSTICE in the past and he was expecting that horse to 'run outwards' in the home straight as it has been known to do. He agreed that he had erred in attempting to drive his horse forward into a gap which was never wide enough.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Hadley has admitted the breach and therefore the charge is proved.


sumissionsforpenalty:

Mr Mulcay said that Mr Hadley had a clear record in respect of this Rule, and had admitted the breach. He added that the JCA Penalty Guide provides a starting point of a $500 fine or a 10 drive suspension.  Mr Mulcay added that the Stewards submitted that a fine would be an appropriate penalty, and added that since this was an Amateur Drivers' race it would be difficult to assess dates for any suspension as those races had yet to be programmed. He added that the Stewards felt a discount on the starting point may be appropriate.

Mr Hadley said he was in a position to pay a fine.


reasonsforpenalty:

This incident was at the lower end of the scale. While ALLEY MAE lost its chance through galloping, it was apparent that the horse was not going to feature in the placegetters. No other horse was affected. The Committee determined that a fine would be an appropriate penalty and took note of fines imposed on other drivers in similar circumstances.


penalty:

A fine of $250 was imposed on Mr Hadley.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr B Hadley - Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6656c9174a1c8d5da81206d8066990a6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e831039c0f28a5341736694fc2a0f546


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/04/2021


meet_title: Harness Racing Waikato - 29 April 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: none


meet_pm2: none


name: Harness Racing Waikato