Waikato BOP H 22 June 2023 – R3 – Fergus Schumacher

BACKGROUND:

Following the running of Race 3, Garrards Horse and Hound Trot, the Respondent, Junior Driver, Fergus Schumacher, as the Driver of ELLE BEE JAY in the race, admitted a charge that he drove carelessly when striking the sulky wheel of PLAY FOOTSIE (Jay Abernethy), approaching the 1400 metres.

The Respondent endorsed the Information “I do admit a breach of the Rule” and he confirmed he understood the Rule and the nature of the charge.

The Respondent, an experienced Junior Driver, waived assistance from a Senior Driver at the hearing.

Rule 869 provides:

(3) (b)  No driver in any race shall drive carelessly.

EVIDENCE

Senior Stipendiary Steward, Steve Mulcay, showed a video replay of the relevant part of the race, approaching the 1400 metres. He pointed out the field racing in single file, with ELLE BEE JAY, driven by the Respondent, racing five places back on the markers, following PLAY FOOTSIE, driven by Jay Abernethy.

Mr Mulcay then showed that ALANA (Luk Chin), improved in the one-out line to the outside of the Respondent.  At that point, ELLE BEE JAY picked up the bit and began to race keenly. As ALANA improved forward, the Respondent looked to shift out onto its back. However, in doing so, he contacted the outside sulky wheel of PLAY FOOTSIE, resulting in the tyre deflating, Mr Mulcay said. Mr Abernethy elected to retire the mare from the race.

Mr Mulcay said that it was an error of judgement on the part of the Respondent. ELLE BEE JAY was racing keenly, which may have contributed, but the onus was on the Respondent, shifting ground, to make the move with safety.

The Respondent said that his mare has quite a long stride and was racing keenly. In previous races, she has been in front. He believed that the mare had just “glanced” the wheel.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Mulcay said that Respondent has a clear record under the Rule. The Penalty Guide starting point is a fine of $300. Given the Respondent’s clear record and his Junior Driver status, Stewards would have no opposition to a discount in line with other recent penalties under the Rule, he said.

REASONS FOR PENALTY:

The Adjudicative Committee noted that the Respondent has had 46 drives in the current season and, last season, had a total of 42 drives.

The Adjudicative Committee noted the starting point in the RIB Harness Racing Penalty Guide (February 2023), of a $300 fine. Mitigating factors are the Respondent’s admission of the breach, his clear record, his being a Junior Driver and, to a lesser extent, the contribution by his mare. The sole aggravating factor is that Mr Abernethy’s horse was put out of the race.

The net result of those factors, in this case, is a discount of $50 from the Penalty Guide starting point.

CONCLUSION:

The Respondent, Junior Driver, Fergus Schumacher, is fined $250.