Amberley TC 6 February 2024 – R6 – Ben Hope

ID: RIB38647

Respondent(s):
Ben Thomas Hope - Driver

Applicant:
Paul Williams - Stipendiary Steward

Adjudicators:
Stewart Ching (Chair)

Persons Present:
Paul Williams - Stipendiary Steward, Ben Hope - Open Driver

Information Number:
A20581

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
BLUE ROCK DANCER

Code:
Harness

Race Date:
06/02/2024

Race Club:
Amberley Trotting Club

Race Location:
Rangiora Racecourse - 312 Lehmans Road, Fernside, Rangiora, 7440

Race Number:
R6

Hearing Date:
06/02/2024

Hearing Location:
Rangiora

Outcome: Proved

Penalty: Driver Ben Hope is fined $300

Summary of Facts:

Following the running of Race 6, the Respondent, Open Driver Ben Hope admitted a breach of Rule 869(3)(b); namely that when driving BLUE ROCK DANCER, he drove carelessly when striking the wheel of COUNTRY GOLD near the 250m, which punctured.

The Respondent, Mr Hope, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule, his admission of the breach and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward, Paul Williams, identified the horses involved in the incident namely, BLUE ROCK DANCER, driven by Mr Hope, positioned mid track and trailing COUNTRY GOLD, driven by Tim Williams, as they approached the 250m. Mr Williams pointed out Mr Hope, when attempting to improve past COUNTRY GOLD, strike the near sulky wheel of COUNTRY GOLD, which then punctured and deflated.

Mr Hope stated that although he did not feel his horse strike the wheel, conceded that the evidence was conclusive and that he had made contact with the wheel of COUNTRY GOLD when attempting to improve past.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Stipendiary Steward Mr Williams produced the Respondent’s record, which indicated a clear record.

Mr Williams said that the Penalty Guide provided a starting point of a $300 fine for a breach of this Rule when striking a wheel.

In mitigation, Mr Williams said that the Respondent freely admitted the breach and submitted that a fine of $300 be considered as penalty in this case.

The Respondent elected to make no submissions on penalty.

Reasons for Penalty:

The Penalty Guide provides a starting point of a $300 fine for a breach of this Rule where a wheel is struck.

This Adjudicative Committee determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted.

It was determined that a fine of $300 was an appropriate penalty in this case.

Conclusion:

Mr Hope is fined the sum of $300.

Decision Date: 06/02/2024

Publish Date: 07/02/2024