NZ Metro TC – 14 October 2005 – Race 10

Following the running of Race 10, the Honda Cars Christchurch Handicap Pace, an Information was laid by Stipendiary Steward Mrs K. R. Williams against Mr G. D. Smith alleging breaches of Rules 869(7A) and 867. Mrs Williams advised that Mr Smith was a Junior Horseman but that he had agreed that he did not need assistance with this hearing. Mr Smith confirmed this.

The information reads as follows.

"I the above named informant allege that the above named Defendant committed a breach of Rule 869(7A) and 867 in that G. Smith struck a number of pylons rounding the final bend resulting in one going onto the track with Money Boy attempting to jump it and fall. G. Smith dropped his left foot out of the foot rest and continued to drive this horse."

Rules 869(7A) reads as follows.

Rule 867 reads as follows.

Mr Smith had indicated on the information that he did not admit these breaches of the rules. When asked to confirm this plea Mr Smith said that he did admit that he had dropped his foot out of the rest, but that he did not admit the other breach in relation to the track markers. We accepted that Mr Smith admitted the charge in relation to the foot rest.

Mrs Williams gave evidence and used video coverage to show that when Mr Smith was rounding the final bend his horse came into contact with track markers. He also dropped his left leg out of the sulky rest and continued to drive his horse for some distance. It was the Informant's case that Mr Smith had allowed his horse to strike the markers, and that both incidents were the consequence of several things happening at the same time.

Mr Smith said that his horse had ducked in unexpectedly and that it had never done this before. It was his case that the striking of the markers was caused by his horse's behaviour.

After hearing the evidence we adjourned to consider our decision.

After reviewing the evidence and the video coverage we were not fully satisfied that Mr Smith had allowed his horse to strike the markers as alleged. In this respect we accepted Mr Smith's evidence that he had been taken by surprise when his horse ducked in, and that the horse had not done this previously.

On returning to the Enquiry Room we advised the parties that the charge of striking the markers was dismissed. A conviction was entered in relation to the charge under Rule 867.

PENALTY: Mrs Williams advised that Mr Smith had no previous relevant convictions. She also submitted that this breach was at the higher end of the scale of seriousness. A fine of $200-00 was recommended.

Mr Smith said that he thought that a fine of $200-00 was excessive.

We adjourned to consider that matter of penalty.

On looking at previous penalties for a breach of this rule we found fines ranged between $50-00 and $200-00, and we believed that the fine of $200-00 was for a second offence.

To Mr Smith's credit we take into account that he has no previous convictions and that he pleaded guilty to this charge. On the other hand we agree with Mrs Williams that this breach was at the higher end of the scale.

Taking all the above matters into account Mr Smith was fined the amount of $150-00.