Auckland TC 3 May 2024 – R8 – Ben Hope

Background:

Following the running of Race 8, the Group 1 ‘ Peter Breckon Memorial National Mobile Trot’ an Information was lodged alleging a breach of Rule 869(3)(b).

Details of the breach are as follows:

‘you drove carelessly when shifting inwards placing Just Believe (G Sugars) in restricted room entering the first turn and being dictated inwards onto Oscar Bonavena (M Purdon) which raced over a track marker’.

Rule 869(3)(b) provides – (3) No driver in any race shall drive:- (c) carelessly;

Mr Hope confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach.

Evidence:

Using available film, Stewards identified the incident and horses involved. Soon after the start, and heading to the first turn, MUSCLE MAN was positioned 3 off the marker pegs, with JUST BELIEVE to his inside, and OSCAR BONAVENA against the markers. The Respondent then sought to push his drive forward and across. When doing so, he was insufficiently clear of JUST BELIEVE, who was tightened and forced down onto OSCAR BONAVENA. As a result, this horse was seen to strike the markers.  Stewards did note that there was initial slight outward movement from OSCAR BONAVENA, but contended that ultimately, it was the actions of the Respondent that caused the incident. When asked for comment, Mr Hope accepted culpability, but contended that the initial outward movement from OSCAR BONAVENA, was a mitigating factor.

Decision:

As the charge is admitted, it is deemed proved.

Submissions for Penalty:

Stewards outlined the Respondent’s record as it relates to any breach of this particular Rule within the last six months. There was 1 noted, namely 19th April 2024 – low range careless – 3 day suspension.  Stewards contended that the breach was low range. The Adjudicative Committee was referred to the current Penalty Guide. Mr Hope did not comment, although did seek a deferment of any suspension to enable to him to satisfy driving engagements at the Rangiora HRC Meeting on 5th May 2024.

Reasons for Penalty:

Evidence available (film and oral) satisfactorily demonstrates the breach.  The Adjudicative Committee agrees that the breach was low range, with there being limited material consequence as result . The current Penalty Guide provides for a starting point of a 6 day suspension for a breach of Rule 869(3)(b), given circumstance of a mid range 2nd breach – Group/Listed Race. This was adopted.  Penalty was reduced by 1 day to reflect ready admission and the low range nature of the breach. Upcoming South Island Racedays were referenced when setting penalty. Mr Hope’s request for a deferment was granted.

Conclusion:

The Respondent’s Licence to drive in races is suspended for 5 days, ie: from the close of Racing on 5th May 2024, up to and including, 15th May 2024.