Hawera HRC – 28 March 2005 –

Following the running of race No. 8 an information was filed, this information alleged that Mr P Fleming the driver of Belle Camele drove carelessly and was in breach of rule 869 (3).

Mr Fleming did not admit the breach of this rule and was present at the hearing of this information.

The information alleged that horseman Mr P Fleming drove Belle Camele carelessly striking the legs of Eminem when he improved from a two wide position to the lead with approximately 1400 meters to run.

Mr Taumanu showed the video of this incident and Mr Muirhead identified the respective horses concerned the video showed Belle Camele who was racing on the outside of Eminem crossing to the lead and when this horse crossed Eminem , Eminem broke stride momentarily before settling into a pace. Eminem lost about two or three lengths because of this check.

Mr N Chalmers the driver of Eminem was called to give evidence and he stated it was because of Belle Camele striking his legs that his horse broke. Mr Chalmers was asked if he had called for room and he replied he had called, this was acknowledged by Mr Fleming who heard Mr Chalmers call. Mr P Ferguson was also called as he was driving the horse which was out three wide and he acknowledged he had seen this incident take place and there had been contact between Mr Fleming and Mr Chalmers.

Mr Fleming gave evidence and stated he was going to the lead and he was 99% past Mr Chalmers and was in his opinion entitled to take the front. Mr Fleming when asked by the chairman stated yes he had come in and also stated he had checked Eminem. Mr Fleming did not believe it made any difference to result of the race.

Having taken all of the evidence as presented both by way of the video and witnesses I find the charge of careless driving against Mr P Fleming proven.

Mr Fleming was not completely clear of Eminem when he went to the front and in his evidence he acknowledged he had struck this horse's front leg and caused a check to Eminem.

The evidence of both Mr Chalmers and Mr Feguson was very clear they both when questioned stated Mr Fleming had caused this incident. Submissions were heard on penalty from Mr Taumanu and Mr Fleming the driving record of Mr Fleming was produced for perusal.

In fixing penalty in this instance I note Mr Fleming has a recent suspension for driving in a manner likely to cause interference, given all of these factors I order the suspension of Mr Flemings horseman's licence up to and including the 28^th day of April 2005.