Ashburton TC 19 April 2024 – R10 – Ben Hope

Summary of Facts:

Following the running of Race 10, the Respondent Open Driver, Ben Hope, admitted a breach of Rule 869(3)(b); namely that “when driving WESTSTAR MILLY he drove carelessly near the 250m by shifting inwards, checking DOWNTOWN ORLANDO which broke, with the trailing ROYAL YANKEE also being crowded and striking a marker.”

Mr Hope originally elected to deny the charge, but during the hearing, made application to change his plea to admitted, which was granted.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule 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 Mr Sole with the assistance of Stipendiary Steward Shane Renault, identified the horses involved in the incident namely, WESTAR MILLY, driven by Mr Hope in a 3 wide position approaching the 250m, with DOWNTOWN ORLANDO, driven by Ray Jenkins, inside in a 2 wide position and ROYAL YANKEE, driven by James Stormont, on the inside of ROYAL YANKEE.  Mr Renault pointed out Mr Hope shift ground inwards when looking for clear running and not clear of DOWNTOWN ORLANDO, who was crowded, forced inwards and breaking. As a result, ROYAL YANKEE was also crowded, striking a track marker. Driver Ray Jenkins gave evidence that he received pressure from his outside, being Mr Hope and had to take evasive action, as Mr Hope was not clear and he had Mr Stormont on his inside.

Mr Hope stated that he was originally going for an outside run, but that closed before opting to go inside. He thought he was clear of Mr Jenkins, but once committed to the inside run, could not alleviate the pressure on Mr Jenkins.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Sole produced the Respondent’s record which indicated a warning at Reefton in December 2023 and a $300 fine for striking a wheel at Amberley on 6 February 2024.  The Respondent has had 311 drives last season, with 114 drives so far this season.

Mr Sole stated that the Penalty Guide provides a starting point of a 4 day suspension for a second breach of this Rule.

Mr Hope stated that he thought a 4 day suspension was excessive. He added that he did not require a deferment of penalty and requested that any suspension begin as soon as possible.

Reasons for Penalty:

The Penalty Guide provides a starting point of a 4 day suspension for a second breach of this Rule.

There were no aggravating factors to consider, therefore no uplift was warranted.

There were however, mitigating factors to consider, being Mr Hope’s admission of the breach and the fact that once committed to the gap, he could not alleviate the pressure on Mr Jenkins. These factors warranted a combined discount, which was set at 1 day.

After evaluating all of the factors, the Adjudicative Committee determined a 3 day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

Accordingly, Mr Hope is suspended from the conclusion of racing today, 19 April, up to and including 1 May 2024.

Relevant meetings encompassed in this period are Addington – 26 April, Rangiora – 28 April and Addington – 1 May 2024.