Ashburton TC – 2 June 2007 –

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hearing_racingtype: harness-racing

startdate: 02/06/2007

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hearing_title: Ashburton TC - 2 June 2007 -

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Following the running of Race 3, Giltrap New Corolla 3YO Diamond, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr G D Smith, alleging that Mr Smith "drove carelessly with approx 900 metres to run

Following the running of Race 3, Giltrap New Corolla 3YO Diamond, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr G D Smith, alleging that Mr Smith "drove carelessly with approx 900 metres to run when driving SMOKE N MIRRORS shifting out resulting in RIVERBOAT ROYCE breaking".

Mr Smith was present at the hearing of the information and admitted the breach. The breach was found proved.

Mr Escott relied on the evidence presented at the earlier protest hearing. He said that Mr Smith was in his last season as a junior driver and was "locked in a battle" for the premiership with Nathan Williamson. In his lifetime, Mr Smith has had 1,129 drives and has driven 118 winners. So far this season, Mr Smith has had 385 drives. Mr Smith had "considerable experience" Mr Escott submitted.

Mr Escott submitted that, taking into account the status of the race and Mr Smith's experience, he was seeking a 4 days' suspension or a $750 fine. Mr Escott confirmed that Mr Smith had no previous driving breaches this season. Mr Smith's record was "very, very very satisfactory", Mr Escott said.

Mr Smith submitted that a 4 days' suspension at this stage of the season would "ruin" his whole season. He therefore expressed a preference for a fine rather that a suspension. Mr Smith stated that he was seeking the Junior Drivers' premiership and that, before the start of the day's racing, he was equal at the top with Nathan Williamson. He has been driving all over the country seeking the title. A 4 days' suspension would be the end of his season, he said.

In determining penalty, the Committee took into account the following:

1. That circumstances of the breach would, in most circumstances, warrant a period of suspension given, in particular, that there was a relegation and having regard to the status of the race and the stake payable;

2. Mr Smith's excellent record ? 385 drives in the current season with no previous breaches;

3. Mr Smith's admission of the breach; and

4. Mr Escott's submission that a fine would be appropriate.

The Committee decided that a fine would be a sufficient penalty in this case having particular regard to Mr Smith's record and his admission of the breach. The fine recommended by Mr Escott was appropriate in all of the circumstances and Mr Smith was fined the sum of $750.

R G McKenzie

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