Rangiora HRC 3 November 2016 – R 9 (heard at Ashburton on 10 November 2016 – Chair, Mr D Jackson-

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startdate: 03/11/2016

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hearing_title: Rangiora HRC 3 November 2016 - R 9 (heard at Ashburton on 10 November 2016 - Chair, Mr D Jackson-

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S P Renault, Stipendiary Steward
Respondent: M Anderson, Licensed Junior Driver
Information No: A8412
Meeting: Rangiora Harness Racing Club
Date: 3 November 2016 (heard at Ashburton on 10 November 2016)
Venue: Rangiora Raceway, Rangiora
Race: 9
Rule No: 1001(1)(k)
Judicial Committee: D Jackson, Chairman – D Anderson, Committee Member
Also Present: Mr J Dunn, assisting Mr Anderson
Plea: Admitted

The Charge:
Providing false information to a Steward in that he wilfully supplied Stewards with false and misleading information regarding his chin strap not being secured following the race.

Evidence:
An agreed summary of facts was handed up to the Committee at the commencement of the hearing.

The salient facts are these:

1. Mr Matt Anderson drove ‘Nui Toc Tien’ to finish 2nd in the race.

2. Upon the horses returning to the birdcage, Stipendiary Steward Mr S Wallis, who was on duty in the birdcage area observed Mr Anderson to have his helmet chin strap undone and tucked inside his colours.

3. Mr Wallis asked Mr Anderson why his helmet was undone. Mr Anderson said that he had undone it after exiting the track following the race. When asked why he had done this, Mr Anderson said that a lot of drivers do that. When further questioned about why his chin strap was tucked into his colours, Mr Anderson said that he tucked it in to stop the wind blowing it around.

4. Immediately after speaking with Mr Anderson, Mr Wallis informed Stipendiary Steward Mr Renault of the conversation that had taken place in the birdcage. Mr Anderson was immediately called to the Stewards’ room.

5. Mr Anderson arrived in the Stewards room a short time later. He was asked if he required a senior horseman to assist him to which Mr Anderson advised he did not.

6. Mr Anderson was asked what he had told Mr Wallis in the birdcage. Mr Anderson said that he had told him he undone the helmet when exiting the track.

7. When questioned further Mr Anderson admitted that he had given false and misleading information to Mr Wallis and confirmed to Stewards that he had failed to have his helmet fastened throughout the race.

8. Mr Anderson was shown a close-up video replay of the home straight which confirmed that his helmet was undone during the race.

9. When questioned why he had supplied false information, Mr Anderson said that he had panicked and he had not wanted to get into trouble.

Decision:
Mr Anderson attended the hearing with Mr John Dunn assisting and admitted the charge. The charge was proved.

Penalty submissions:
Mr Renault submitted that Mr Anderson was a busy junior horseman with 31 drives this season and 136 drives last season. Mr Renault submitted that whilst Mr Anderson had a clear record, honesty was a fundamental requirement of any licensed person under the Rules. Mr Renault confirmed that the Guidelines were silent as to the appropriate penalty for this offence, which is unsurprising given the nature and breadth of conduct that might be captured by the Rule.

Mr Renault referred the Committee to the only two reported decisions under the Rule namely those of Messrs R Butt and R Downey respectively, both of whom were dealt with by way of fine and suspension (following defended hearings). Mr Butt, whose culpability was assessed as low, was suspended for three days and fined $400.00. Mr Downey was suspended for four days and fined $450.00.

Having regard to those decisions, Mr Renault submitted that Mr Anderson be dealt with by way of suspension for a period of four weeks (in effect, four racing days).

Mr Dunn submitted that four weeks was unfair. He emphasized that Mr Anderson had panicked and explained that Mr Anderson had thought his helmet was done up initially. He acknowledged that Mr Anderson had dug himself a hole, which he could not get out of however but that that was more a case of youthful naivety than deliberate dishonesty.

Mr Dunn asked for leniency on Mr Anderson’s behalf in order for him to compete in the Australasian Junior Drivers Championship in Perth during December. Mr Anderson confirmed to the Committee that he leaves for Perth on 1 December.

Mr Anderson explained that he was under considerable pressure to win at the time of the incident due to his having not won in his previous 8 drives (on favoured horses). He acknowledged a lack of professionalism on his part and was otherwise eager to impress on the Committee that he would accept his punishment.

Penalty:
Mr Anderson lied to a Steward. He drove with his chin strap unfastened and tried to cover that fact up by tucking the chin strap down his jacket after the race. Mr Anderson was called to the Stewards room where he lied a second time, this time to a different steward. Mr Anderson only admitted to having lied when Stewards pressed him and disclosed to him that they were aware of his having driven with the chin strap unfastened (and had video evidence to that effect).

Had he not lied, Mr Anderson would have been dealt with by way of a $200 fine for a minor infringement of the Rules. However, he lied to two different stewards and further, he took steps after the race to tuck the unfastened chin strap down underneath his colours.

This is a serious racing offence and the Committee assesses Mr Anderson’s culpability as high. Mr Anderson had an opportunity to correct the lie when he was called to the Stewards’ room, but he chose to carry on with it.

He might have panicked initially but his second lie shows he knew what he was doing and was committed to it. For a young and promising driver Mr Anderson has displayed a remarkable lack of judgement on this occasion. Mr Anderson acknowledged his lack of professionalism to the Committee and willingness to accept his punishment but then quibbled with the Committee over the extent of the penalty and the dates affected. For someone who told the Committee that he was desperate to drive in Perth, Mr Anderson did not appear to accept that he ought to serve a meaningful suspension beforehand in New Zealand.

The Committee has determined that despite its concerns over Mr Anderson’s apparent lack of insight, he is a promising young driver who has admitted the breach and who has sought out advice and assistance from Mr Dunn. He will learn from the experience and it would be quite wrong, and totally at odds with the wider objectives of bringing youth into the industry, to punish talent by depriving it of an opportunity to learn, and hopefully, thrive overseas. Mr Anderson knows that he has a job to do now to restore his credibility with Stewards.

Accordingly, Mr Anderson will be suspended from driving until 26 November 2016. He is suspended for four driving days being Timaru (19th November), Motukarara (20th November), NZMTC (25th November) and Geraldine (26th November). He was not considered for NZMTC (11 November) or Wyndham (13th November) because enquiries confirmed that he was not engaged for drives on either race day. Further, Mr Anderson will be fined $300.

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