Kapiti Coast HRC 21 January 2025 – R7 – Jay Abernethy

EVIDENCE:

Following the running of Race 7, the Raynor Holdings Ltd Mobile Pace, Mr Mulcay presented an Information charging Mr Abernethy, the Driver of “BENJAMIN BUTTON”, with careless driving in breach of Rule 869(3)(b).

Mr Abernethy admitted the breach of the Rule.

Mr Mulcay advised that the careless driving consisted of Mr Abernethy, causing “BENJAMIN BUTTON” to strike the sulky tyre of “VINCENTS GIRL” near the 300 metre mark.  The race films illustrated that “BENJAMIN BUTTON” was 3 back on the inside as the field entered the home straight.  “VINCENTS GIRL” was slightly ahead of it.  Both horses were afforded runs when the passing lane was available.  “BENJAMIN BUTTON” was racing keenly and in commencing to challenge, but inside, ‘VINCENTS GIRL”, it clipped the inside sulky wheel of that horse, with its foreleg.  That horse finished second and “BENJAMIN BUTTON” finished third, neither horse posing any threat to the easier winner.

DECISION:

As the charge was admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

The degree of carelessness was at the lower end.  Mr Mulcay advised that “BENJAMIN BUTTON” had an unusual action in throwing a front leg and had on occasions, required Drivers to take special care.  He said that Mr Abernethy had a clear record and there were mitigating features present.

REASONS FOR PENALTY:

The recommended starting point guideline is a fine of $300.  However, by reason of the mitigating factors and Mr Abernethy’s excellent record, the Adjudicative Committee allowed a discount of 25%.

CONCLUSION:

Accordingly, a fine of $225 was imposed.