NZ Metro TC 26 March 2021 – R 8 (heard 3 April 2021 at Addington) – Chair, Mr D Anderson

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startdate: 26/03/2021

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hearing_title: NZ Metro TC 26 March 2021 - R 8 (heard 3 April 2021 at Addington) - Chair, Mr D Anderson

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N Ydgren, Chief Stipendiary Steward

Respondent: Ms N Rasmussen, Open Driver

Information No: A13311

Meeting: New Zealand Metropolitan Trotting Club

Date: 26 March 2021 (heard 3 April 2021 at Addington)

Venue: Addington Raceway, Christchurch

Race: 8

Rule No: 869(3)(b)

Judicial Committee: Mr D Anderson, Chair – Ms O Jarvis, Member

Plea: Admitted

Also Present:-Mr S Renault, Stipendiary Steward

Mr P Williams, Stipendiary Steward

FACTS:

Following the running of Race 8, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Open Driver Ms N Rasmussen, alleging that “Ms Rasmussen (ROCK LEGEND) drove carelessly by shifting inwards on the final bend forcing YOROKOBI (R Close) over pylons”.

Ms Rasmussen confirmed that she understood the Rule she was being charged with and confirmed she admitted the breach.

The hearing of the Information was adjourned sine die and heard on this Easter Saturday meeting, 3 April 2021.

Rule 869 provides as follows:

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

(b) carelessly

Mr Ydgren used the race films with the assistance of Mr Williams to identify Ms Rasmussen (ROCK LEGEND) racing 3 back on the markers at approximately 300 metres from the finish. He showed Ms Rasmussen ease her horse out from the back of ITS ALL ABOUT FAITH (M Purdon). He stated at this point Ms Rasmussen changed her mind and moved back inwards onto Mr Purdon’s back. He said this manoeuvre dictated YOROKOBI (R Close), who had moved forward inside Ms Rasmussen’s wheel, over markers.

Mr Ydgren said there was a protest lodged against Mr Close’s placing where it was determined the reason he was racing over and inside pylons was from interference.

Ms Rasmussen stated Mr Purdon, who she was following, was racing well inside his true racing line, and dislodged two pylons. She said this along with the fact she only moved her horse out 80 percent of a width really only opened up half a gap for Mr Close. Ms Rasmussen said she thought the Rule was you can’t move into a gap until there was enough room for the horse and cart.

DECISION:

Ms Rasmussen having admitted the breach; the charge was found proved.

PENALTY SUBMISSIONS:

Mr Ydgren stated Ms Rasmussen has a clear and excellent record under the Rule. He said the Penalty Guide has a 3-day suspension starting point for a breach in a major race. This race was the Group 2 Flying Stakes of $50,000.

Mr Ydgren said the aggravating factors of the interference are balanced out by the fact of Ms Rasmussen’s good record and her guilty plea.

Ms Rasmussen had no submissions to make on penalty.

Ms Rasmussen said she would request a deferment of suspension to enable her to drive at the premier meeting to be held at Addington on 9 April.

REASONS FOR PENALTY:
The Committee carefully considered all the evidence and submissions presented.

The Committee’s assessment of the incident was that near the 250m mark, Ms Rasmussen shifted her runner outwards but quickly realised that she had made the wrong decision. She has been careless by moving inwards dictating Mr Close over the markers. The Committee considers it unrealistic to have expected Mr Close to wait until a gap appeared big enough for horse and cart to pass through, as Ms Rasmussen alluded to, especially at that stage of the race.

The mitigating factors are Ms Rasmussen’s good record, her admission of the breach, albeit inevitable given the compelling video coverage.

The Committee in considering all the above factors find a 3-day suspension as an appropriate penalty in this case.

Ms Rasmussen’s request for deferment is granted.

PENALTY:

Accordingly, Ms Rasmussen’s Open Licence to drive is suspended from the conclusion of racing on Friday 9 April up to and including racing on 18 April 2021.

Meetings encompassed in the suspension are: -

Methven 11 April

NZMTC 16 April

Rangiora 18 April 2021.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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