Waikato BOP H 9 September 2021 – R6 – Fergus Schumacher

ID: RIB4508

Respondent(s):
Fergus Schumacher - Driver

Applicant:
Mr S Mulcay-Senior Stipendiary Steward

Adjudicators:
Mr A Godsalve

Information Number:
A16259

Decision Type:
Adjudicative Decision

Charge:
Drives carelessly

Rule(s):
869(3)(b) - Careless Driving

Plea:
Admitted

Animal Name:
GREY STOKE

Code:
Harness

Race Date:
09/09/2021

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R6

Hearing Date:
09/09/2021

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Driver Fergus Schumacher was fined $200

SUMMARY OF FACTS:

Following Race 6 Mr Schumacher faced a charge of ‘driving carelessly by allowing GREY STOKE to contact the sulky wheel of MANCHESTERS ECLIPSE near the 1600 metres resulting in GREY STOKE breaking’.

Mr Schumacher acknowledged that he understood the Rule and that he admitted the breach.

EVIDENCE:

Using the films Mr Mulcay identified GREY STOKE as the field entered the back straight approaching the 1600 point. Mr Schumacher was at the rear of the field behind MANCHESTERS ECLIPSE driven by Mr T Mitchell. Mr Schumacher directed GREY STOKE inwards and in doing so made contact with MANCHESTERS ECLIPSE’S sulky wheel, causing GREY STOKE to go off stride. The horse quickly regained its correct gait and lost little ground as a result of the incident.

Mr Schumacher said he had admitted the breach and that he was aware GREY STOKE had been a difficult drive in the past and should have been more careful.

REASON FOR DECISION:

As the breach is admitted the charge is proved.

SUBMISSION FOR PENALTY:

Mr Mulcay said the breach was at the very low end of the scale, that Mr Schumacher had admitted it, and that he had no prior breaches of the Rule where it involved causing his own horse to break. He added that a fine would be an appropriate penalty.

REASON FOR PENALTY:

The Guidelines provide a fine of $300 or a 6 drive suspension as a starting point. This breach falls into the lowest category and a fine below the starting point is indicated.

CONCLUSIONS

Mr Schumacher is therefore fined $200.

Decision Date: 09/09/2021

Publish Date: 10/09/2021