Auckland TC – 28 January 2005 – Race 9

Following the running of race 9 an information alleging a breach of rule 869 (3) (b) careless driving, the informant was Mr J M Muirhead and the defendant Mr J P Stormont. The information alleged that J P Stormont the driver of "Murphy The Surfie", drove carelessly when he allowed his horse to move outwards with approxamitly 150 meters left to run causing interference to Albert Hall (G Wolfenden), which broke and lost it's chance.

Mr Stormont did not admit the breach and was present at the hearing of this information.

Mr Muirhead showed the video of the last 300 meters of this race and demonstrated that Murphy The Surfie, which had been leading had run out under a strong drive from Mr Stormont and had come into contact with Albert Hall causing Albert Hall to break losing it's chance.

This incident happened over a distance of 35 to 40 meters Mr Wolfenden the driver of Albert Hall could not move out any further as he had horses on his outside.

Mr Taumanu, Stipendiary Steward who was on patrol in the front straight tower was called to give evidence. Mr Taumanu stated he had a good view of this incident and confirmed the outward movement of Murphy The Surfie which resulted in the interference to Albert Hall.

Mr Taumanu believed that Mr Stormont as a senior horseman should have taken corrective action before he did

Mr G Wolfenden was called to give evidence and he stated that Mr Stormonts horse had moved out when under a drive and made contact with his legs causing him to break and lose his chance .

Mr Stormont asked Mr Wolfenden if he had called for room and Mr Wolfenden replied that he had not called as the movement had been gradual at first and then a sharp outward movement had caused the legs to be taken form his horse. Mr Wolfenden stated to the Panel that Mr Stormont should have corrected his horses outwards movement sooner than he did.

Mr Stormont in evidence stated that it was only his second drive on this horse and the first time his horse had been put under pressure by him . The horse Murphy The Surfie had a boring pole fitted to the offside and Mr Stormont thought that his horse may have run out from the pole when under pressure.

Mr Stormont blamed his horse for running out under pressure and did not accept that he was responsible at all for the actions of his horse

Having taken into account all of the evidence as presented this Judicial Panel finds the breach of rule 869(3)(b) proven for the following reasons.

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1. Murphy the Surfie clearly ran out under a strong drive from Mr Stormont and contact was made with Albert Hall causing that horse to break.
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2. Mr Stormont did not challenge that contact was made with Mr Wolfenden's horse nor that that was the reason for his horse to break.
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3. Mr Stormont had kept driving his horse with the whip during the outward movement and had not taken any corrective action prior to the interference happening.
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4. Mr Stormont did not accept any responsibility for his actions and blamed the horse.

Submissions were heard on penalty from Mr Muirhead and Mr Stormont. Mr Stormont's driving record was presented for perusal.

After taking all of the above matters into account including Mr Stormont's not guilty plea and lack of acceptance of any responsibility for this incident this Judicial Panel imposes a fine of $400.00 in this instance.