Auckland TC 9 August 2024 – R1 – Sailesh Abernethy

ID: RIB45182

Respondent(s):
Sailesh William Abernethy - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr G Jones

Persons Present:
Mr C Lomey, Mr S Abernethy

Information Number:
A17834

Decision Type:
Race Related Charge

Charge:
Careless Driving

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

Plea:
Admitted

Animal Name:
BENJAMIN BUTTON

Code:
Harness

Race Date:
09/08/2024

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R1

Hearing Date:
09/08/2024

Hearing Location:
Alexandra Park

Outcome: Proved

Penalty: Driver Sailesh Abernethy is fined $300

EVIDENCE:

Following the running of Race 1, Senior Stipendiary Steward Mr Mulcay filed an Information alleging a breach of Rule 869(3)(b) by Open Driver Mr Sailesh Abernethy.

Mr Abernethy confirmed that he understood the nature of the charge and his admission of the breach.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Stipendiary Steward Mr C Lomey demonstrated the breach using available race films.  He pointed to the 2000 metre mark, where the field approached the first bend out of the home straight after starting from the 2200 metre mark.  BENJAMIN BUTTON (S Abernethy) was racing near the rear of the field slightly behind and to the inside of MYDADTHETERROR (M Ranger).  Mr Lomey said that Mr Abernethy allowed his horse to make contact with the off-side sulky wheel of MYDADTHETERROR.  As a consequence, the sulky wheel punctured. Although neither horse broke, BENJAMIN BUTTON paced roughly for a stride and settled at the rear of the field. Ms Ranger was momentarily distracted and looked to the left side of her sulky, realising that contact had been made to the wheel.

Mr Abernethy said that he agreed with Mr Lomey’s interpretation of the breach.  He said that he was attempting to take a run on the inside of MYDADTHETERROR earlier than he should have.

DECISION:

The Respondent having admitted the charge, it was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Lomey advised that Mr Abernethy had a clear record under the Rule.  He referred to the Penalty Guide, which provides for a starting point of a $300 fine for a first breach in circumstances where a Driver hits a sulky wheel.  He added that there are no aggravating or mitigating factors to consider and, on that basis, Stewards sought a penalty of a $300 fine.

Mr Abernethy had nothing further to add.

REASONS FOR PENALTY:

The Penalty Guidelines provide for a starting point of a $300 fine.

It was noted that BENJAMIN BUTTON won the race, but this incident is not deemed to have enhanced its chances.  In fact, after making contact with  MYDADTHETERROR’S wheel, BENJAMIN BUTTON paced roughly for a stride or two near the rear of the field.

Given that there are no aggravating or mitigating factors to consider, a $300 fine is imposed.

CONCLUSION:

Driver Mr S Abernethy is fined $300.

Decision Date: 09/08/2024

Publish Date: 12/08/2024