NZ Metro TC 20 September 2018 – R 6 (heard 23 September 2018 at Oamaru) – Chair, Prof G Hall

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startdate: 20/09/2018

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hearing_title: NZ Metro TC 20 September 2018 - R 6 (heard 23 September 2018 at Oamaru) - Chair, Prof G Hall

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Decision:

Informant: Mr S Renault, Stipendiary Steward

Respondent: Mr G Smith, Open Horseman

Information No: A9989

Rule No: 869(3)(b)

Meeting: New Zealand Metropolitan TC R 6 (heard at Oamaru 23 September 2018)

Date: 20 September 2018

Race No: 6

Judicial Committee: Prof G Hall

Plea: Admitted

Charge: Careless driving

Evidence:

Mr Renault, Stipendiary Steward, alleged that Mr Smith (SAILS) drove carelessly in race 6, the "DOWNBYTHESEASIDE" NEW TO WOODLANDS 2018 MOBILE PACE at the Addington meeting on 20 September last in that on the final bend he allowed his runner to make contact with the wheel of FOUR STARZZZ SHIRAZ causing his horse to break.

Mr Renault demonstrated on the videos that when shifting outwards on the track to a 4 wide position and looking to progress forward the inside front leg of the respondent’s horse had come into contact with the sulky wheel of FOUR STARZZZ SHIRAZ, which was racing 3 wide. When the video was zoomed in and slowed, it could be seen the hoof of SAILS hit the tyre of the cart of FOUR STARZZZ SHIRAZ. Ms Purvis, the driver of that horse, had said after the race to the stewards that she had heard a noise and had thought there had been contact, although she did not feel it, but there was no puncturing of the tyre.

Mr Renault stated that FOUR STARZZZ SHIRAZ had not been inconvenienced but SAILS had galloped and lost its chance in the race.

Mr Smith stated he only reluctantly admitted the breach as while he agreed the videos demonstrated that SAILS had come into contact with the tyre of FOUR STARZZZ SHIRAZ, he believed the reason the horse broke was that he had used the whip with the reins to urge it forward and it had a history of going rough when asked to quicken. At the time he did not realise he had hit a tyre. It must have only been a graze.

Decision:

As Mr Smith has admitted the breach, it is found to be proved.

Submissions on Penalty:

Mr Renault said there had been enough contact for the leg of SAILS to ride up the wheel of the cart of FOUR STARZZZ SHIRAZ. It was a misjudgement by the respondent and SAILS had lost its chance. The driver of the horse trailing SAILS had had to take hold but Mr Renault did not view this as an aggravating factor. (We note that that horse finished well out of contention.) While SAILS was known to pace roughly, especially when scoring up, it had not done so on this occasion prior to the incident.

Mr Renault, when questioned by the Committee, said he viewed the breach as below mid-range. He produced the respondent’s record. Mr Smith had 400 drives last season, and has had 28 this season. Mr Smith had a breach of this rule on 6 April last at Addington when he was suspended for 4 days and on 11 May at Auckland when he was suspended for 3 days. He has had 112 drives since that first breach and 89 since the second. Mr Renault submitted that a 4 to 5 day suspension was appropriate.

Mr Smith reiterated that he believed the reason SAILS broke was not the contact but because he had asked it to accelerate. He considered deferment as he was taking a team to Winton but decided against seeking this. He emphasised the first of his 2 previous breaches of the careless driving rule was very close to 6 months ago.

Reasons for Penalty:

In determining penalty we observe that the horse affected by the respondent’s actions was his own horse. FOUR STARZZZ SHIRAZ continued to race unencumbered. There was no flat tyre. However, SAILS was coming into the race when it galloped. The horse lost all chance and we note SAILS finished last.

Mr Smith has 2 previous breaches of this rule in the past 6 months, the first of these falling just within this period. We view the breach as being at the lower end and, balancing this fact and the admission of the breach against the fact this is a third breach, we believe the 3-day starting point in the Penalty Guide is appropriate as a final penalty.

Penalty:

Mr Smith is suspended from the end of the meeting today up to and including 30 September. This is 3 South Island days.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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