Banks Peninsula TC 22 September 2024 – R9 – Ben Hope

BACKGROUND:

Following the running of Race 9, Tactical Approach D G Jones Banks Peninsula Cup Handicap Trot (Group 3), Open Driver, Ben Hope, as the Driver of MR LOVE in the race, admitted a charge that he drove carelessly near the 200 metres when shifting ground outwards, when not clear of LOVE N THE PORT (Matthew Williamson), which was checked.

Rule 869 provides:

(3)  No driver in any race shall drive:- 

       (b) carelessly

EVIDENCE:

Stipendiary Steward, Matt Sole, had Chief Stipendiary Steward, Nigel McIntyre, show side-on and head-on video replays of the incident, which occurred with approximately 200 metres to race.

Mr McIntyre pointed out MR LOVE, driven by Mr Hope, racing 4-places back on the markers as the field turned into the final straight. Shortly after, a run to the outside became available. There was a run available between two runners in front of MR LOVE – KYVALLEY HOTSPUR (Blair Orange) and CONFESSIONAL (Paul Nairn). Mr Hope‘s horse was unable to take that gap, Mr McIntyre said, and when shifted out by Mr Hope, the horse continued to shift out to the outside of CONFESSIONAL, placing LOVE N THE PORT, driven by Mr Williamson in restricted room, forcing Mr Williamson to clearly take a hold of his runner. In shifting across, Mr Hope was not clear of Mr Williamson, Mr McIntyre alleged.

Mr Hope said that he should have showed more patience because the gap was opening, but the horse was running out quite badly the whole way, and he was committed to that outside run. He added that CONFESSIONAL was slowing down as he was about to take that gap, which made the gap a little tighter. He had indeed checked Mr Williamson’s runner but, he submitted, his movement had not affected its chances.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that the Respondent has had 1,935 lifetime drives, 172 this season. He has three previous breaches for careless driving as follows:

19 April 2024 at Ashburton TC – suspended 3 days

3 May 2024 at Auckland – suspended 5 days (Group 1)

23 June 2024 at Addington – suspended 5 days

The Penalty Guide starting point for a second breach in a Group or Listed Race is a 6-days suspension, Mr Sole said. A suspension period of 8 days would be appropriate, having regard to Mr Hope’s record, the present breach being a fourth breach, Mr Sole submitted.

Mr Hope acknowledged that he had a bad record. He wished any period of suspension to commence immediately, he said. An examination of upcoming meetings was undertaken.

REASONS FOR PENALTY:

The Adjudicative Committee was satisfied that the breach was low-level. There was a minimum of interference to Mr Williamson’s runner and its chances did not seem to be affected. There are no aggravating factors. The Respondent has admitted the breach, which is a mitigating factor. The Penalty Guide starting point for a second breach in a Group or Listed Race is a 6-days suspension. That is for a mid-level breach, so the starting point is reduced by 1 day for this being a low-level breach.

The breach is a fourth breach and, for that, the Adjudicative Committee uplifts the adjusted 5-days starting point by 2 days to 7 days for that factor. Having regard to the mitigating factor of Mr Hope’s admission of the breach, a discount of 1 day from that adjusted starting point is appropriate.

CONCLUSION:

The Respondent, Open Driver, Ben Hope, is suspended from after the close of racing on 22 September 2024, up to and including 10 October 2024 – 6 days.