Auckland TC – 31 December 2006 – Race 4

An Information was lodged by Stipendiary Steward Mr J.M. Muirhead pursuant to Rule 869(3)(b) against Junior Horseman Mr M White the Driver of HAPPY AS, in Race 4 at the Auckland Trotting Club's Meeting on the 31^st of December 2006, alleging that Mr White drove HAPPY AS carelessly causing interference to Ashanna (Driver M Stormont) which dislodged Horseman M Stormont from the sulky.

 Mr White admitted the breach and was present at the Hearing. Senior Horseman Mr T Shaw was also present in support of Mr White

 Mr Muirhead demonstrated the incident to the Committee by use of Video Films and showed a number of different angles and showed the movement by Mr White onto Mr Stormont's horse which resulted in Mr Stormont being dislodged from the Sulky. Mr Muirhead stated that although it was not an abrupt movement by Mr White it was still dangerous and the chances of Mr Stormont's horse were extinguished. Mr Muirhead said that Mr White had made an error but this was at a Premier Meeting and that needed to be taken into account.

Mr Muirhead stated that Mr White readily acknowledged his error and was upfront and frank about the incident.

Mr Muirhead  said that he was seeking a suspension of Mr White's Horseman's Licence for 4 Race Days.

 Mr Shaw on behalf of Mr White acknowledged the facts and that a suspension was appropriate. Mr Shaw had spoken to Mr White about the error he had made. Mr Shaw advised the Committee that Mr White had been chosen to represent New Zealand in the Australasian Young Drivers Series at the Interdominion Champiomships at Globe Derby Park and he asked the Committee to exercise it's discretion and defer any suspension until after the conclusion of the Series. Mr Shaw said that it was a great honour for Mr White to represent his country and he might not get that opportunity again.Mr Shaw suggested that it would be wrong to deprive Mr White of the opportunity to participate in that Series.  Mr White confirmed his involvement in that Series and stated that he was leaving on the 4^th of  Januaty 2007 and returning on the 14^th of January.

 Mr Muirhead did not have any objection to any suspension being deferred.

 In imposing penalty the Committee took into account the evidence presented and the submissions made. The Committee also had read Mr White's driving record. The Committee is concerned that Mr White has already been dealt with for a number of different driving offences during 2006 and is concerned that this incident could have had more serious consequences for Mr Stormont. This was pointed out to Mr White.

The Committee is however mindful of the fact that Mr White has an opportunity to represent his country and as a result has agreed to exercise it's discretion and defer the commencement date of any suspension. Mr White's horseman's licence is accordingly suspended from the 14^th of January 2007 up to the conclusion of racing on the 28^th of January 2007

B.J. Scott

Chairman