Hororata TC – 3 March 2005 – Race 1

Following the running of Race 1, the Metro Trust Mobile Pace, an information was lodged by Stipendiary Steward Mrs K. R. Williams against Ms L. J. Newton the driver of Patsy Cline (12), alleging a breach of Rule 869(3)(b). The charge was that Ms Newton drove carelessly by allowing her horse to shift out and strike the sulky wheel of Star Pocket which resulted in Patsy Cline and Shiney Night falling.

Ms Newton was assisted at this hearing by Mr Kerry Hadfield. Ms Newton had indicated on the information that she admitted this breach of the rules and she confirmed this at the hearing.

Video coverage of this incident was used to show that with about 400 metres to run Ms Newton was trying to improve and when doing so had struck a wheel as described in the information. Ms Newton's horse then fell which resulted in Shiney Night and its driver also being brought down.

Ms Newton did not dispute any of the evidence.

In relation to penalty Mrs Williams advised that Ms Newton had only recently started to drive; that she had a clear record, and that this breach of the rules was quite serious in that two horses and their drivers had fallen. Mrs Williams said that Ms Newton had very few drives and that a suspension for a month was recommended.

Ms Newton expressed concern at the length of the recommended suspension, and the alternative of a fine was discussed. It was established that Ms Newton would have very few drives in the next month.

I then adjourned to consider the question of penalty. In coming to my decision on penalty I have taken into account that the result of this breach was quite serious. I have also taken into account Ms Newton's guilty plea. I do not consider that a fine is an appropriate penalty for this breach.

Ms Newton will be suspended from race driving from the close of racing on 3 March 2005 until after the close of racing on 26 March 2005, which is effectively a 5 day suspension.