Non Raceday Inquiry RIU v LF O’Reilly – Decision dated 6 December 2015 – Chair, Mr R G McKenzie

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hearing_title: Non Raceday Inquiry RIU v LF O'Reilly - Decision dated 6 December 2015 - Chair, Mr R G McKenzie

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BEFORE A JUDICIAL COMMITTEE

HELD AT METHVEN

IN THE MATTER of Information No. A1664

BETWEEN N G McINTYRE, Co-Chief Stipendiary Steward

Informant

AND LEO FRANCIS O’REILLY of Rakaia, Licensed Open Horseman

Respondent

Judicial Committee: R G McKenzie, Chair - G J Clapp, Committee Member

Present: N G McIntyre, the Informant

Mr L F O’Reilly, the Respondent

Mr S F Golding, Licensed Junior Driver

Date of Decision: 6 December 2015

DECISION OF JUDICIAL COMMITTEE

The Charge

[1] Following the running of Race 11, The Recruitment Network Trot, at the meeting of New Zealand Metropolitan Trotting Club, held at Addington Raceway on 10th November 2015, the Stipendiary Stewards investigated an incident involving the breaking of THE ZIGMEISTER (S F Golding) when inside of MON RICHIE, driven by Mr O’Reilly, which was improving forward, with approximately 1150 metres to run.

[2] After hearing from the drivers and viewing the available films, the Stewards decided to take the matter no further.

[3] Mr McIntyre explained to the hearing that, subsequent to the Stewards’ enquiry on raceday, further video evidence had become available, as a result of which it was decided to charge Mr O’Reilly with careless driving.

[4] Information No. A1664 was subsequently served on the Mr O’Reilly on 22nd November 2014 and filed with the Judicial Control Authority.

[5] The information alleged that Mr O’Reilly, as the driver of MON RICHIE, “drove carelessly near the 1150 metres when shifting inwards when not sufficiently clear of THE ZIGMEISTER (S F Golding) which contacted the sulky wheel and broke”. Mr O’Reilly had signed the Statement by the Respondent on the information form indicating that he did not admit the breach.

[6] The charge was heard at the meeting of Methven Trotting Club held at Mt Harding Racecourse, Methven, on Sunday, 6 December 2015. Mr O’Reilly was present at the hearing and he confirmed that the charge was denied.

[7] Mr McIntyre produced a copy of a letter from Mr M R Godber, General Manager of the Racing Integrity Unit, authorising the filing of the information pursuant to Rule 1108 (2).

[8] Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

(b) carelessly.

The Evidence

[9] Mr McIntyre said that, subsequent to their investigation of the incident on Cup Day, the Stewards had gained access to further video evidence that was not available to them on the day and had, in the light of that further evidence, decided to charge Mr O’Reilly with careless driving.

[10] Mr McIntyre said that Mr O’Reilly was the driver of MON RICHIE in Race 11 at Addington 10th November last. He showed a video replay of the race as the field approached the 1150 metres. He pointed out MON RICHIE, driven by Mr O’Reilly progressing 3-wide outside THE ZIGMEISTER, driven by Mr Golding, which was racing in the parked position outside the leader.

[11] Mr McIntyre said that, as MON RICHIE got up on the outside of THE ZIGMEISTER, the latter runner started to “go keen” and then broke as Mr O’Reilly crossed it. Mr O’Reilly looked down as Mr Golding’s horse galloped. On the day, Mr McIntyre said, Mr Golding was not sure if he had made contact with the wheel of MON RICHIE.

[12] Mr McIntyre said that, on reviewing the meeting, the Stewards had come across a “closed off” shot of the incident. He then showed this video replay to the hearing and pointed out that the near front leg of THE ZIGMEISTER had made contact with the inside sulky wheel of MON RICHIE. The wheel could be seen to “shudder” at the point of contact. Three strides later, Mr O’Reilly looked around and THE ZIGMEISTER broke, Mr McIntyre said.

[13] Mr McIntyre then showed, on the head-on video replay, the point at which, the Stewards believed, the contact took place. He submitted that it was clear that Mr O’Reilly was still shifting ground inwards and was not fully established in the position outside the leader.

[14] Mr McIntyre then called Mr S F Golding, the driver of THE ZIGMEISTER, to give evidence. The video was shown to Mr Golding. Mr McIntyre said it was perfectly reasonable that Mr Golding was unaware, on raceday, whether contact had been made as his horse had been “going hard”. Mr Golding agreed that it was clear, from that replay just shown, that the foot had contacted the wheel. Mr Golding said that his horse had been relaxed racing outside the leader but, as soon as Mr O’Reilly had come around, his horse tried to race it.

[15] Mr O’Reilly was given the opportunity to cross-examine Mr McIntyre and/or Mr Golding but he did not wish to do so.

[16] At this point in the hearing, Mr O’Reilly told the Committee that he wished to change his plea. He said that he thought, at the time, that he was clear of Mr Golding but accepted the video evidence that Mr Golding’s horse’s leg had contacted his sulky. He sought leave to change his plea to the charge. Leave was granted.

Decision

[17] Mr O’Reilly having admitted the charge, it was found proved.

Penalty Submissions

[18] Mr McIntyre said that Mr O’Reilly is a senior driver with a clear record under the Rule. Mr O’Reilly has had 56 drives in the current season, and had 125 and 98 in the 2013/2014 and 2014/2015 seasons respectively. Mr McIntyre deemed the carelessness to be mid-range. The consequence was that another runner had galloped and lost its chance. It was only a “slight error” on Mr O’Reilly’s part – one more stride and he would have cleared Mr Golding. Mr McIntyre said that Mr O’Reilly is a reasonably busy driver having 4-5 drives per day. His record is very good.

[19] Mr McIntyre referred to the starting point suggested in the Penalty Guide of 10 drives or a $500 fine. If the Committee was to be considering a term of suspension, the Stewards would be submitting for a 2 days’ suspension, Mr McIntyre said.

[20 A discussion followed as to whether Mr O’Reilly would wish the Committee to consider a fine. After looking at upcoming meetings, Mr O’Reilly said that he would prefer the Committee to consider a fine rather than a suspension in this case.

Reasons for Penalty

[21] In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. It was considered that a suspension was not an appropriate penalty in this case.

[22] The Committee agreed with Mr McIntyre’s assessment of the carelessness as being mid-range, although Mr Golding’s horse was put out of the race. The race was for a total stake of $20,000. It was an error of judgement by Mr O’Reilly and he only failed to clear Mr Golding’s horse by a very small margin.

[23] Significant mitigating factors were Mr O’Reilly’s change of plea when confronted with the fresh video evidence and his record which was excellent in the Committee’s assessment. These two factors warrant a discount of $150 from the starting point.

Penalty

[24] Mr O’Reilly was fined the sum of $350.

R G McKenzie             G J Clapp

Chair                          Committee Member

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