Wairarapa HRC 4 May 2017 – R 3 – Chair, Mr T Castles
ID: JCA15110
Meet Title:
Wairarapa HRC - 4 May 2017
Meet Chair:
TCastles
Meet Committee Member 1:
NMoffatt
Race Date:
2017/05/04
Race Number:
R 3
Decision:
We find the charge proved.
Penalty:
Mr Abernethy you are fined the sum of $250.
Facts:
Mr S Abernethy, the driver of BONNIE BOY, in race 3 The Accommodation Gateway Mobile Pace, did not admit a breach of the rule 869(4) when he drove BONNIE BOY in a manner that caused interference to RUEBE STAR (B Mangos) near the 600 metre mark.
Rule 869 (4) reads No horseman shall, during any race do anything which interferes or is likely to interfere with his own horse and/or any horse or its progress.
The rule was read and Mr Abernethy confirmed he understood the rule and that he did not admit the breach.
Submissions for Decision:
The films of the incident was shown and commented on by Mr Mulcay. The head on film was particularly relevant. BONNIE BOY was leading and RUEBE STAR was sitting behind trailing. Mr Mulcay informed the committee that about the 600 metre mark BONNIE BOY was directed down onto RUEBE STAR as driver Mangos started his run down on the inside. He believed there was plenty of room for RUEBE STAR but as the horse mounted its run, movement downwards from BONNIE BOY caused that gap to tighten and contact with the off hind leg of RUEBE STAR occurred forcing Mr Mangos to make contact with at least two markers. Mr Mulcay pointed out that the head on video clearly shows that BONNIE BOY'S head was turned inwards as he moved down onto RUEBE STAR. He was adamant that there was plenty of room for Mr Mangos and he was fully entitled to take the presented gap.
Mr Abernethy had no questions.
Mr B Mangos, driver of RUEBE STAR, called as a witness confirmed that (a) the movement downward onto his drive came from BONNIE BOY
(b) he was adamant there was plenty of room (c) contact was definitely made in the incident (d) he was forced to take evasive action and contact with marker pegs was made.
Mr Abernethy had no questions.
Mr Abernethy informed the committee that while interference may have occurred he believed that at the point of his downward movement the gap had not been established and Mr Mangos was not entitled to take the course of action he did.
Mr Mangos had no questions and left the hearing.
Mr Mulcay reiterated in summing up that Mr Abernethy's actions caused contact to be made. RUEBE STAR broke and made contact with at least two markers. He asked the committee to consider Mr Mangos’ comments that the incident cost him any winning chance.
Reasons for Decision:
In coming to its decision to find the charge proved the committee considered the evidence placed before it. Mr Mangos was perfectly entitled to be where he was in the race and the gap presented to him was his to take. BONNIE BOY'S head was angled inwards as he was directed down onto RUEBE STAR. This action caused RUEBE STAR to break and contact with the horse's off hind leg could be clearly seen on the head on video. While Mr Abernethy did pull off it was too little too late.
Submissions for Penalty:
Mr Mulcay informed the committee that this was Mr Abernethy's first breach of this rule. He has been driving for a number of years and has had approximately 600 drives and had not bothered the stewards. He believed the breach was at the lower end of the scale and although it was not admitted credit should be given to Mr Abernethy for his record and his belated attempt to straighten. He asked for the breach to be best handled by way of a fine.
Mr Abernethy asked the committee to take into account his driving record.
Reasons for Penalty:
In coming to its decision to impose a fine for this breach the committee was mindful of the penalty guidelines which indicated for this breach a starting point of a number of drives or a fine. We gave credit to Mr Mulcay's submission who suggested that a fine would best serve this breach. Mr Abernethy's excellent record should be accorded a discount from the suggested starting point we believed. While interference did occur the committee was of the opinion that the breach was at the lower end of the scale.
JCA Decision Fields (raw)
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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: 6a344f24f53dfc53dfde6cfd802878e8
informantnumber: A3792
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in a manner likely to cause interference
plea: denied
penaltyrequired: 1
decisiondate: 07/05/2017
hearing_title: Wairarapa HRC 4 May 2017 - R 3 - Chair, Mr T Castles
charge:
facts:
Mr S Abernethy, the driver of BONNIE BOY, in race 3 The Accommodation Gateway Mobile Pace, did not admit a breach of the rule 869(4) when he drove BONNIE BOY in a manner that caused interference to RUEBE STAR (B Mangos) near the 600 metre mark.
Rule 869 (4) reads No horseman shall, during any race do anything which interferes or is likely to interfere with his own horse and/or any horse or its progress.
The rule was read and Mr Abernethy confirmed he understood the rule and that he did not admit the breach.
appealdecision:
isappeal:
submissionsfordecision:
The films of the incident was shown and commented on by Mr Mulcay. The head on film was particularly relevant. BONNIE BOY was leading and RUEBE STAR was sitting behind trailing. Mr Mulcay informed the committee that about the 600 metre mark BONNIE BOY was directed down onto RUEBE STAR as driver Mangos started his run down on the inside. He believed there was plenty of room for RUEBE STAR but as the horse mounted its run, movement downwards from BONNIE BOY caused that gap to tighten and contact with the off hind leg of RUEBE STAR occurred forcing Mr Mangos to make contact with at least two markers. Mr Mulcay pointed out that the head on video clearly shows that BONNIE BOY'S head was turned inwards as he moved down onto RUEBE STAR. He was adamant that there was plenty of room for Mr Mangos and he was fully entitled to take the presented gap.
Mr Abernethy had no questions.
Mr B Mangos, driver of RUEBE STAR, called as a witness confirmed that (a) the movement downward onto his drive came from BONNIE BOY
(b) he was adamant there was plenty of room (c) contact was definitely made in the incident (d) he was forced to take evasive action and contact with marker pegs was made.
Mr Abernethy had no questions.
Mr Abernethy informed the committee that while interference may have occurred he believed that at the point of his downward movement the gap had not been established and Mr Mangos was not entitled to take the course of action he did.
Mr Mangos had no questions and left the hearing.
Mr Mulcay reiterated in summing up that Mr Abernethy's actions caused contact to be made. RUEBE STAR broke and made contact with at least two markers. He asked the committee to consider Mr Mangos’ comments that the incident cost him any winning chance.
reasonsfordecision:
In coming to its decision to find the charge proved the committee considered the evidence placed before it. Mr Mangos was perfectly entitled to be where he was in the race and the gap presented to him was his to take. BONNIE BOY'S head was angled inwards as he was directed down onto RUEBE STAR. This action caused RUEBE STAR to break and contact with the horse's off hind leg could be clearly seen on the head on video. While Mr Abernethy did pull off it was too little too late.
Decision:
We find the charge proved.
sumissionsforpenalty:
Mr Mulcay informed the committee that this was Mr Abernethy's first breach of this rule. He has been driving for a number of years and has had approximately 600 drives and had not bothered the stewards. He believed the breach was at the lower end of the scale and although it was not admitted credit should be given to Mr Abernethy for his record and his belated attempt to straighten. He asked for the breach to be best handled by way of a fine.
Mr Abernethy asked the committee to take into account his driving record.
reasonsforpenalty:
In coming to its decision to impose a fine for this breach the committee was mindful of the penalty guidelines which indicated for this breach a starting point of a number of drives or a fine. We gave credit to Mr Mulcay's submission who suggested that a fine would best serve this breach. Mr Abernethy's excellent record should be accorded a discount from the suggested starting point we believed. While interference did occur the committee was of the opinion that the breach was at the lower end of the scale.
penalty:
Mr Abernethy you are fined the sum of $250.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr S Abernethy - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7b6dcd33515afc3a32a5b03e7fc86141
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d21b3657799fedd9e1c89f47ba3b810e
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/05/2017
meet_title: Wairarapa HRC - 4 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairarapa-hrc
meet_racingtype: harness-racing
meet_chair: TCastles
meet_pm1: NMoffatt
meet_pm2: none
name: Wairarapa HRC