Waikato BOP H 25 April 2024 – R1 – Mathew Salaivao

BACKGROUND:

Following the running of Race 1,  an Information was filed by Senior Stipendiary Steward, Steve Mulcay, against Licensed Amateur Driver, Mathew Salaivao, alleging that, as the Driver of MAJOR ACHIEVEMENT, he “failed to take all reasonable and permissible measures to ensure his runner was given full opportunity to win or obtain the best possible finishing position during the middle stages by persisting with a challenge for the lead which resulted in the gelding tiring from the 600m to be beaten by 45 lengths.”

Rule 868(2) provides as follows:

(2)   Every driver shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.

At the commencement of the hearing, Mr Salaivao confirmed that he understood the nature of the charge and admitted the Rule breach.

SUMMARY OF FACTS:

Mr Mulcay identified MAJOR ACHIEVEMENT starting from position 3 on the mobile barrier. He said that Mr Salaivao began well and drove his mount forward to sit outside the leader from just inside the 2000m point. Mr Mulcay said that Mr Salaivao then commenced to challenge for the lead, which continued for some distance, before eventually conceding and taking a restraint on his drive. He said that this occurred too late and resulted in MAJOR ACHIEVEMENT weakening from the 600m on the last lap, to finish 45 lengths from the winner. Mr Mulcay said that the lead time was a very fast 40.5 (very fast for this class of horse) and the first quarter was 30.9, albeit Mr Salaivao had restrained his drive at that point.

In response to questions from the Adjudicative Committee, Mr Mulcay estimated that Mr Salaivao persisted for the lead for approximately 500m and that MAJOR ACHIEVEMENT was vetted after the race, with no abnormalities identified.

Mr Salaivao had nothing to offer when asked for submissions on the incident.

DECISION:

The charge is admitted and therefore proved.

PENALTY SUBMISSIONS:

Mr Mulcay said that Mr Salaivao had a clear record in regard to the Rule. He said that the starting point for a breach of this Rule was a 7-day suspension (mid-range breach) and that the Stewards considered this to be a mid-range breach, therefore Stewards would be requesting a 7-day suspension of Mr Salaivao’s Driving License.

For assistance, Mr Mulcay advised that it was generally accepted that Northern Amateur Drivers had two driving day opportunities per month.

Mr Salaivao had nothing to add in relation to penalty, accepting Mr Mulcay’s submissions.

REASONS FOR PENALTY:

In assessing the breach, the Adjudicative Committee determined it to be in the mid-range. Mr Salavaio had the opportunity to ease his drive, but instead, persisted with trying to push onto the lead, ultimately determining that his horse weakened badly from the 600m to finish a long last. The Adjudicative Committee is cognisant of Mr Salaivao’s limited Raceday driving experience and believes that this was the determinant factor in his error of judgement.

The Penalty Guidelines point to a 7-day starting point for a breach of this nature. Mr Salaivao is an Amateur Driver, and the Adjudicative Committee had regard for Amateur driving opportunities, as put forward by Mr Mulcay.

Mr Salvaio is given credit for his admission of the breach and good record, which results in a 1 day reduction from the starting point.

Having considered all factors, the Adjudicative Committee determined that a 6 driving day penalty is appropriate given the circumstances, and this equates to 3 calendar months.

CONCLUSION:

Mr Salaivao’s Amateur Driving License is suspended from close of racing on 25 April 2024, to the conclusion of racing on 24 July 2024.