Forbury Park TC – 10 December 2004 – Race 4

Mr McIntyre, stipendiary steward, after race 4 laid an information alleging that contrary to rule 869(3)(b), Mr M Hay driver of BOBBECKET, with some 2100 metres to run drove carelessly in that he shifted into the passing lane causing interference to BRANDNEW (S Dickson), ACE OF HEARTS (G Smith) and I?M GORGEOUS (H Hunter).

Mr McIntyre had Mr Allison, assistant stipendiary steward, demonstrate on the videos that shortly after the start Mr Hay moved down into the passing lane and was using the whip to keep his horse up. He demonstrated Mr Hay was partially inside the line of the leader, Mr May. He stated that Mr Hay ran over a marker before eventually checking runners at the end of the passing lane. He said there was no pressure from Mr Hay's outside. In response to a question from Mr Thornley, who initially assisted Mr Hay, he said if Mr May's horse ran out, it was very minor.

Mr Knowles, stipendiary steward, demonstrated on the back straight video, and also said he observed from his position in the tower at the end of the back straight, that it was clear Mr Hay was going to run out of room. He reiterated Mr Allison's comment that Mr Hay was whipping his horse to keep up. He said Mr Hay had every opportunity to pull back from 1/2 way down the straight but failed to do so. Mr Hay's careless driving, he said, consisted in his continuing to progress his horse under the whip when it should have been obvious he was going to run out of room. In response to questioning from Mr Hay, he agreed he could not tell from the tower whether Mr Hay had gone into the passing lane.

Mr May gave evidence and said he was holding his line. In response to questioning he said he may have been out 1/2 a cart width. He added he was "obviously out a bit but Mr Hay should not have been there." He also said he knew Mr Hay was there and was giving him room. He said there was general tightening from the outside at the winning post.

Mr Dickson, who drew 2, dropped back and was on Mr Hay's outer soon after the start. He said there was no pressure from his outside and that he did not put any pressure on Mr Hay until he reached the bend. When giving evidence, Mr May also said, after viewing the video, that he did not believe any pressure had been placed on Mr Hay by Mr Dickson.

Mr Hay in his defence stated Mr May was 1/2 a cart width out and, while he admitted he may have run partially into the passing lane, said Mr May's actions made it look worse. He said everything was ok until the end of the passing lane when there was pressure from the outside. He said he was holding his position and, when he gave his horse one, it over-raced and when Mr May came down there was contact. He reiterated this was due to tightening from the outside.

I am satisfied from the evidence of Mr May that he was 1/2 a cart width out from his correct line. As he said, this was partly to give room to Mr Hay once he realised he was on his inside. I agree with Mr May's comment and that of Mr Allison, that Mr Hay simply should not have been there. The Rules of Harness Racing clearly state the passing lane is only to be used in the run home. I am satisfied from the evidence that at least part of Mr Hay's cart was in the passing lane when he first moved to Mr May's inner and that there was no pressure on Mr Hay from his outside. As he proceeded down the passing lane more and more of his cart came into the lane until he was fully in the lane and whipping his horse to hold its place. In these circumstances he was always going to run out of room at the end of the passing lane. This is indeed what occurred. The contact was exacerbated by tightening from the outside at the winning post. The fact remains Mr Hay was in the passing lane when he should not have been, and this was contrary to the Rules of Harness Racing. In so doing, he was guilty of careless driving.

I find the absence of a true head-on video of the home straight to be yet again problematic and to have made the determination of this inquiry more complicated than it might otherwise have been. For a city track that has regular meetings, this omission must not be allowed to continue. I urge the club, and if need be HRNZ, to look urgently into this matter. This is a significant safety issue that simply must be addressed.

Mr Hay, Mr McIntyre has said that this is careless driving at the upper end and he has sought a suspension of 5 to 6 days. Your record is very good with the exception of a breach of this very rule in very different circumstances some 3 weeks ago when you were fined $400. You have asked me to take into account the fact that Mr May was 1/2 a cart width out and have said you would prefer a fine.

I do not view this matter quite as seriously as Mr McIntyre. You were clearly enticed into moving down into the passing lane by the fact that Mr May had moved out 1/2 a cart. I accept this as mitigating. However, the matter was exacerbated by your continuing to hold your position when you were clearly going to run out of room. The option to pull back was there; you chose not to take it. Your record is generally good and I take into account the fact that you are a junior horseman. Nonetheless, I believe the matter is sufficient serious to warrant a suspension. I also take into account your request for the matter to be dealt with by way of a fine. I believe a combination of these penalties to be appropriate. I suspend you from the end of racing on Sunday the 12^th of December up to and including the 18^th of December and fine you the sum of $250. This is in effect 2 days and enables you to drive at Rangiora.