Auckland TC 24 May 2024 – R7 – Crystal Hackett

Summary of Facts:

Following the running of the Trillian Trust Auckland Cup FFA (G1), Junior Driver Crystal Hackett (assisted by Driver J Dunn), admitted a charge under Rule 869(3)(b) alleging that she drove carelessly.

The particulars of the charge are that:

C Hackett (MACH SHARD) drove carelessly near the 450m when allowing her horse to strike the sulky wheel of SELF ASSURED, resulting in her horse breaking and losing all chance.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Senior Stipendiary Steward Mr Mulcay identified the horses involved in the incident namely, MACH SHARD (C Hackett) and SELF ASSURED (M Purdon). He said that approaching the 450 metre mark, MACH SHARD was racing three back on the outer, tracking SELF ASSURED.  MACH SHARD came off SELF ASSURED’s back and touched a wheel, causing MACH SHARD to break and as a consequence, it lost all chance.

In explanation, Mr Dunn, on behalf of Ms Hackett, stated that MACH SHARD is a free legged pacer and had it been in hopples, potentially, he may not have broken. Mr Dunn asked the Adjudicative Committee to consider this as a mitigating factor.

Decision:

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

Submissions for Penalty:

Mr Mulcay advised that Ms Hackett has a clear record under the Rule.  He said that the Penalty Guide provides for 5 day suspension when a breach of this nature occurs in a Group or Listed Race.  He also submitted that MACH SHARD was well supported, and the race had stakemoney of $250,000.

On behalf of Ms Hackett, Mr Dunn pointed to the provision in the Penalty Guide that provided for a $400 fine to be imposed when a Driver strikes a wheel in a Group Race.  He asked that this penalty be imposed, rather than the 5 day suspension as submitted by Mr Mulcay. Mr Dunn also reiterated that MACH SHARD is a free-legged pacer, and the breach was the result of an error of judgement.

Ms Hackett advised that she could commence any proposed suspension immediately.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of 5 days suspension when a breach of this nature occurs in a Group Race.

After taking into account the submissions of both the Applicant and Respondent, noting the race film and the resultant impact the incident had on on MACH SHARD finishing in a better position, the Adjudicative Committee assessed the breach as low end, but with mid-range consequences due to MACH SHARD losing all chance after breaking.

Consideration was also given to the Penalty Guide starting point (5 days), the driving definitions relating to careless driving penalties that came into force on 1 November 2023 and the status of the race.  From the 5 day starting point, a 1 day reduction was applied in recognition of Ms Hackett’s good record and her admission of the breach.  No concession was made for the fact that MACH SHARD is a free-legged pacer, as Ms Hackett has driven the gelding in his most recent starts, with some success.  She is therefore deemed to be familiar with his racing style and action.  Also, due to the status of the race, no consideration was given to dealing with this matter by way of a fine as suggested by Mr Dunn. The Adjudicative Committee adopted the view, that the clause referred to in the penalty provisions, did not apply in these circumstances.  And in any event, had they been adopted, a considerable uplift from the suggested $400 fine would have been applied.

Conclusion:

Ms Hackett’s Licence to drive in races is suspended from 25 May 2024, up to and including 20 June 2024 (4 days).