VIC - Inquiry Concluded - Race 4 Bendigo 30 April 2020

The Harness Racing Victoria (HRV) Stewards have concluded an inquiry into the conduct of drivers Haydon Gray (Just Oscar) and Derrick Krafft (Singing The Girl) following the running of Race 4 at the Bendigo meeting on 30 April 2020.

This matter was initially adjourned after taking evidence from Mr Gray, Mr Krafft, Gary Donaldson (Angski) and HRV Starter Mr Jason Fino. 

As a result of the evidence adduced during the initial inquiry submissions were sought from Mr Gray as to whether the provisions of Australian Harness Racing Rule (AHRR) 183(b) should be invoked. After consideration of these submissions from Mr Gray, Stewards ordered that in accordance with AHRR 183(b) he not be permitted to drive in races and trials until the completion of this inquiry.

During the adjournment evidence was also taken from officiating Clerk of the Course Mr Jesse Andersen. 

At the resumption of the inquiry further evidence was taken from Mr Gray and Mr Krafft. Submissions were also heard from Mr Gray’s representative Mr Rob O’Connell.

After considering all the evidence Mr Gray was issued with 2 charges, and Mr Krafft 1 charge, under the AHRR.  

Haydon Gray - Charges Issued

Charge 1

Charge 1 was issued under the provisions of AHRR 231 (2) which states:

231. (2)  A person shall not misconduct himself in any way. 

The particulars of the charge were:

That upon pulling up at the completion of Race 4 at the Bendigo meeting on 30 April 2020, when the driver of Just Oscar, Mr Gray misconducted himself by engaging in a verbal altercation with Derrick Krafft, driver of Singing The Girl.

Mr Gray pleaded guilty to the charge as issued.

Charge 2

Charge 2 was issued under the provisions of AHRR 156(6) which states:

156. (6)  A whip shall not be used so as to obstruct, strike or endanger another driver or horse.

The particulars of the charge were:

That upon pulling up at the completion of Race 4 at the Bendigo meeting on 30 April 2020, when the driver of Just Oscar, whilst engaged in a verbal altercation with Derrick Krafft, driver of Singing The Girl, Mr Gray used his whip in a backhand motion to strike Mr Krafft.

Mr Gray pleaded guilty to the charge as issued.

Derrick Krafft - Charge Issued

Mr Krafft was issued with a charge under AHRR 231(2) which states:

231. (2)  A person shall not misconduct himself in any way. 

The particulars of the charge were:

That upon pulling up at the completion of Race 4 at the Bendigo meeting on 30 April 2020, when the driver of Singing The Girl, Mr Krafft misconducted himself by engaging in a verbal altercation with Haydon Gray, driver of Just Oscar.

Mr Krafft was found guilty of the charge.

Penalties Imposed

Submissions on penalty were heard from Mr Gray and Mr Krafft. Submissions were also advanced on behalf of Mr Gray by his representative Mr O’Connell.  

Haydon Gray

In assessing penalty Stewards took into account:

• Mr Gray’s forthright evidence, immediate admissions and guilty plea entered;
• Mr Gray’s industry offence record;
• Mr Gray’s current health and financial circumstances which were supported by documentary evidence;
• The circumstances of the offence under AHHR 231(2) where Mr Gray was the instigator of the verbal altercation;
• The circumstances of the offence under AHRR 156(6) notably the low force and the backhand manner in which the whip was used which resulted in no injury being sustained;
• Deterrence factors in that any penalty imposed must demonstrate that such conduct will not be tolerated.

Accordingly, Stewards imposed the following penalties:

Charge 1 – AHRR 231(2)

$1,000 fine with half of the penalty suspended for a period of 2 years providing no further offences under the conduct related rules during that period. This penalty was inclusive of a previously suspended $250 fine.

Charge 2 – AHRR 156(6)

12 month suspension of Mr Gray’s licence to drive in races.

Mr Gray was advised that the final 3 months of this penalty may be suspended should he provide evidence of continued attendance before professional counselling services to the satisfaction of the Stewards.  

The commencement of this suspension was backdated to begin at midnight on 30 April 2020, the date on which Mr Gray was first stood down.

Derrick Krafft

Submissions on penalty were heard from Mr Krafft.

In assessing penalty Stewards took into account:

• Mr Krafft’s forthright evidence;
• Mr Krafft’s industry offence record which displayed no prior offences over a very length period;
• The circumstances of the incident whereby Mr Krafft was retaliating to comments directed to him;
• Deterrence factors and that any penalty imposed must demonstrate that such conduct will not be condoned.

Stewards accordingly imposed a fine of $500 with half of the penalty suspended for a period of 2 years providing Mr Krafft does not breach the conduct related rules during that period.