Banks Peninsula TC – 3 October 2004 –

Following the running of Race 7, Tinted Cloud/Island Glow/Holdonmyheart Mobile Place, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr R D Holmes, alleging that Mr Holmes, as the driver of GANDHI?S DREAM in the Race, started from the incorrect barrier position.

Mr Holmes did not admit the breach.

Mrs Williams referred to the previous hearing involving Mr A D Hastie and alleged that it was very apparent from the video that Mr Hastie had started outside Mr Holmes and, therefore, both horsemen had started from the incorrect barrier position. Mr Holmes had followed out MELODY ANGEL (S Thompson) and Mr Hastie had followed out EASTWOOD STAR (J C Hay). Mrs Williams submitted that Mr Holmes, as a senior horseman, should have been aware as to who on the front line he should have been following. Mr Hastie did raise a doubt with Mr Holmes prior to the start and the matter should have been referred to the starter at that stage. Mr Holmes started from one position in from where he should have started and may have thereby gained an advantage. He should have been aware that only the unruly horse, SPUR AWAY, should have been starting from outside him. Mr Holmes should have been the first one up on the gate but Mr Hastie had been the first one up, followed by Mr Holmes. Mrs Williams showed a video replay of the start. She submitted that it was clear from the video that Mr Holmes was driving up into the position outside ZIDANE (S R McNally) which had drawn 4 on the second line.

Mr Holmes stated that, parading prior to the start, Mr Hastie had been behind him and should have followed behind and come up on his inside coming up to the gate but Mr Hastie had come up on his outside. He said that he was not responsible for Mr Hastie coming in outside him. He submitted that Mr Hastie had been confused and had questioned him prior to the start as to who should follow who. Mr Holmes stated that the starter had not pointed the situation out and that he was not aware of it until it was drawn to his attention by the Stipendiary Stewards after the race.

Mrs Williams asked Mr Holmes why he had not got onto the back of the correct horse driven by Mr J C Hay and left a gap for Mr Hastie inside him. Mr Holmes said that there had been a gap there. Mrs Williams submitted that there was no run inside Mr Holmes for any horse. Mr Holmes was required to leave that space free, she alleged.

Mr N R Escott submitted that, as a professional horseman, Mr Holmes should be aware before leaving the birdcage area the position he will maintain and who he is to follow at the start. He contended that Mr Holmes had started from the incorrect barrier position.

I am inclined to agree with Mr Escott. Mr Holmes, I think, clearly under the Rules, you have an obligation to start from the correct barrier position. If that involves you in doing a certain amount of homework before you go out, then so be it. I would think that that is probably the minimum that is expected of a horseman of your standing. I accept Mrs Williams' interpretation of this incident. You have simply brought your horse up into the wrong barrier position ? you have followed the wrong horse on the front line and what Mr Hastie has done, really, is irrelevant as far as your particular situation is concerned. Mr Hastie has already admitted that he has erred and he has had a fine imposed on him for his error. I am satisfied, in this case, that you have also committed an error and a breach of Rule 862 (2). I find the charge to be proved

Mrs Williams referred the Committee to the fine of $200 earlier imposed on Mr Hastie who had admitted the charge. She submitted that the Committee might consider a fine of $250 in the case of Mr Holmes who had not admitted the breach.

Mr Holmes had nothing to say in relation to penalty.

The Committee will not penalise Mr Holmes for exercising his right to defend the charge. It is appropriate that Mr Holmes and Mr Hastie be dealt with on the same basis so Mr Holmes is fined the sum of $200.