NZ Metro TC – 13 May 2005 – Race 7

Following the running of Race 7 an information was laid by Chief Stipendiary Steward Mr N. R. Escott, against Mr M. R. Hay the driver of Prince Sundon (9) alleging that Mr Hay had committed a breach of Rule 869(4). The charge reads as follows.

"I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that M. R. Hay (Prince Sundon) shifted down onto Zaire (D. J. Butt) after approx. 300m resulting in Zaire breaking."

Rule 869(4) reads as follows.

"No horseman nor any horse shall during any race do anything which

Mr Hay indicated on the information that he did not admit the breach

of this rule, and he confirmed this at the hearing.

Mr Escott called Mr D. J. Butt to give evidence. This witness said that he was travelling three wide on the outside of Mr O?Reilly's horse (Gibbston) and was going back to get on the back of Gibbston when Mr Hay travelled up on the outside. As Mr Hay went past he was "tightened up from the outside" and broke.

Stipendiary Steward Mr B. Williams illustrated this incident by means of video recordings. Mr Williams showed that on leaving the front straight for the first time Zaire was positioned on the outside of, and slightly behind, Gibbston. As Prince Sundon went past Zaire it moved inwards and Zaire ran out of room and broke.

Mr Hay was given the opportunity to ask Mr Butt and the Stipendiary Stewards questions. He asked Mr Butt if there was any contact between their two horses and Mr Butt agreed that there was no contact.

Mr Hay gave evidence that when he was travelling around the bend at the time of this incident his horse was holding its ground. Mr Hay did accept that his horse may have run in slightly, but explained that it is normal for horses to run in slightly when going around a bend. It was Mr Hay's case that there was pressure on Zaire from both the inside and outside, and that no contact was made.

In re-examination Mr Butt confirmed his original evidence that the reason for his horse breaking was pressure from the outside.

At the conclusion of the evidence we adjourned to consider our decision. Our oral decision was as follows.

"Having heard the evidence and having seen the video coverage of the incident we are satisfied that you and your horse Sundons Luck did move inwards resulting in Zaire being squeezed for room and breaking. We find the charge proved."

PENALTY: Mr Escott advised that the Mr Hay had one previous relevant conviction for careless driving in December 2004. Mr Escott also submitted that this was a $22,500-00 race at a "Premier" meeting. A suspension until after the completion of racing on 26 May 2005 (effectively 3 days) was recommended by Mr Escott.

Mr Hay said that he would prefer a fine.

When this was put to Mr Escott he said that if a fine were to be considered it should be a substantial one and in the vicinity of $750-00 to $1000-00. Mr Hay confirmed that he would still prefer a fine

We then adjourned to consider our decision on penalty. On our return we gave the following oral decision.

"Mr Hay, having considered the matter of penalty we have taken into account the following matters.

Against:

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1. The incident severely affected the chances of Zaire.
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0. This was a $22,500-00 race.
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For:

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1. The previous conviction was 6 months ago and this is a reasonably good record.
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2. The breach, we consider, is at the lower end of the scale so far as this rule is concerned.
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3. You are a Junior Driver.
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4. Mr Escott agreed that a substantial fine would be an alternative to a suspension.

So our decision is that you are fined the sum of $600-00."

Accordingly a fine of $600-00 is imposed.