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15 Oct 2020
Harness-Racing-Waikato - R1

Waikato BOP HRC 15 October 2020 - R 1 - Chair, Mr BJ Scott

Created on 19 October 2020

Committee:
BScott (chair)
Name(s):
Ms A Temu-Amateur horsewoman
Mr J Stormont-Senior horseman assisting Ms Temu
Informant
Mr JM Muirhead - Senior Stipendiary Steward
Information Number
A10339
Plea:
Admitted
Charge:
Driving in a manner capable of diminishing the chances of her horse
Evidence:

Following the running of the TIM VINCE SUPPORTS HARNESS RACING Mobile Pace an Information was lodged by Senior Stipendiary Steward Mr JM Muirhead against Amateur Driver Ms A Temu alleging that Ms Temu as the Driver of CLIFTON FLUTTER drove in a manner capable of diminishing the chances of her horse winning when she raced 3 wide without cover throughout the 2700 metre race.

Rule 869(3)(g) provides: No driver in any race shall drive in any manner capable of diminishing the chances of his horse winning.

Ms Temu was present at the Hearing and acknowledged that she understood the Rule and that she admitted the breach. Ms Temu was assisted by Senior Horseman Mr JM Stormont.

Mr Muirhead demonstrated the incident by use of the race films and showed where Ms Temu after drawing the second line at the mobile barrier moved up 3 wide after about 800 metres of the race and moved up at the winning post with 2 rounds to go in an attempt to reach the parked position. She was unable to reach that position and remained 3  wide for the remainder of the race and her horse eventually finished last. Mr Muirhead  said that he didn't have a problem with Ms Temu's first move but when she couldn't reach the parked position she should have restrained her horse. He said that she did not do so and that she made further moves to press forward but to no avail.

Mr Stormont said that the horse (he was the owner) went awful and that was through no fault on the part of Ms Temu.

Decision:

The breach is admitted and therefore the charge is proved.

Submission For Penalty:

Mr Muirhead referred to the JCA Penalty Guidelines and the starting point penalty under Rule 868 (2) which seemed to be a better guide than the starting point penalties under Rule 869(3)(g). That provides for a starting point penalty of suspension for 20 drives or a $1000.00 fine. He was unable to make a submission as to what the actual penalty should be and said that there were a number of mitigating factors. He left it to the Committee to decide on penalty.

Ms Temu did not have any submissions as to penalty.

Reasons For Penalty:

The race films show the incident very clearly.  Ms Temu told the Committee that she has only had 6 drives previously and therefore she is very inexperienced. She has admitted the breach at the first instance and she did not have Mr Stormont present when she did so. This was a mistake on her part. It is acknowledged that Mr Muirhead offered her that opportunity. Her movement 3 wide was fine and if she had have been able to reach the parked position or even the lead then that would have been considered good driving. She was unable to do so and ended up being stuck 3 wide for the remainder of the race.  This does happen in races and Ms Temu was in a difficult position. Mr Muirhead said that Ms Temu tried on more than one occasion to move forward but the Committee is not sure of that. He does have a problem with Ms Temu not restraining her horse when she found she could not reach the parked position and the Committee agrees with that.

Ms Temu is an Amateur Driver and therefore the Committee believes that a fine is not appropriate but a suspension of her Licence is. The Committee has taken all matters into account and believes that a 5 drive (day) suspension is appropriate.

Penalty:

Ms Temu's Amateur Drivers Licence is suspended from the conclusion of racing tonight up to the conclusion of racing on the 3rd of December 2020. The Committee calculates that to be 5 drives being meetings at Alexandra Park on the 23rd and 30th of October 2020  and Cambridge on the 25th October 2020, the 6th of November 2020 and the 3rd of December 2020.

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