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Invercargill HRC 22 September 2018 - R 9 - Chair, Mr P Knowles

Created on 26 September 2018

Rules:
869 (3) (b)
Committee:
PKnowles (chair)
MConway
Name(s):
Mr A MacDonald - Horseman (Canada)
Informant
Mr V Munro - Stipendiary Steward
Information Number
A10544
Plea:
Admitted
Charge:
careless driving
Evidence:

Following the running of race 9 the Woodlands Stud Mobile Pace Stewards charged Mr A MacDonald with a breach of r869 (3) (b) – careless driving – in that near the “1250m he allowed his horse Franco Huntington to shift inwards and check BETTOR SENSATION, which broke and lost its chances.”

Rule 869 (3) (b) reads:

               No horseman in any race shall drive:

                              carelessly

Mr MacDonald admitted the breach and appeared at the hearing.

Mr Munro, with the aid of the videos, said Mr MacDonald (FRANCO HUNTINGDON) challenged for the lead from the 1600m mark. Approaching the 1250m mark FRANCO HUNTINGDON shifted inwards and the inside sulky wheel came into contact with the front leg of BETTOR SENSATION. As a result BETTOR SENSATION broke, failed to the recover, and lost all chance.

Mr MacDonald stated FRANCO HUNTINGDON ran inwards on the turn. He had kept him out but when he asked him to go forward, his horse ducked inwards causing the contact. He admitted he was caught off guard by the horse’s sudden inwards shift.

Decision:

Mr MacDonald admitted the breach and it is found proved.

Submission For Penalty:

Mr Munro said the JCA Penalty guide recommended a 10 drive suspension or a $500 fine as a starting point. He said Mr MacDonald’s record was excellent and his last breach was in 2015. He said the aggravating feature was BETTOR SENSATION lost all chance. He was aware that Mr MacDonald was returning to the USA on the 29th September. He sought a suspension of either 3 days or 2 weeks.

Mr MacDonald confirmed that he was leaving NZ on the 29th September and that he was not driving at any other NZ meetings before leaving. He said any suspension would impact on his driving one of his horses in a major stakes race in the USA.

Reasons For Penalty:

Mr MacDonald was charged with a breach of rule 869 (3) (b) in that he caused interference to another runner. The Stewards sought a suspension of 3 days or 2 weeks. Mr MacDonald admitted the breach and has an excellent record. The aggravating feature is that a horse lost its chances.

Given that Mr McDonald is about to leave the country and there is no guarantee he will drive within the next 2 weeks, a fine is a more appropriate penalty. We take a starting point of $500 which includes any aggravating features. We give credit for his admission of the breach and his excellent record.

Penalty:

Mr MacDonald is fined $400.

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