Invercargill HRC 4 June 2018 – R 6 – Chair, Mr M Conway

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startdate: 04/06/2018

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hearing_title: Invercargill HRC 4 June 2018 - R 6 - Chair, Mr M Conway

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr S Wallis – Stipendiary Steward

Respondent: Mr D Reardon – Graduation Driver

Information No: A10509

Meeting: Invercargill Harness Racing Club

Date: 4 June 2018

Venue: Ascot Park Raceway

Race: 6

Rule No: 869(3)b)

Judicial Committee: Mr M Conway, Chair – Prof G Hall, Committee Member

Also Present: Mr M Davidson – Stipendiary Steward

Charge: Careless Driving

Plea: Admitted

Evidence:

Following the running of Race 6, the Barnes Wild Bluff Oysters Mobile Pace, an Information was filed by Stipendiary Steward, Mr Wallis, against Licensed Graduation Driver, Mr D Reardon, alleging that Mr Reardon (PORT HANOVER) “did drive carelessly near the 300 metre mark.”

Rule 869 (3) states:

No horseman in any race shall drive: -

(b) carelessly

Mr Reardon signed the Information indicating that he admitted the breach and that he did not wish to be present at the hearing.

Mr Wallis referred to the available race films with the assistance of Mr Davidson. The films show Mr Reardon (PORT HANOVER) situated three places back on the inside running line passing the 400 metre mark. Near the 300 metre mark Mr Reardon moves PORT HANOVER into the one-out line ahead of the weakening KAGEE VC (E Barron) and on to the back of EL DINERO (C Ferguson), who just prior to the incident improves with safety into the one-out one-back position. During the course of Mr Reardon shifting out, PORT HANOVER strikes the inside sulky wheel of EL DINERO, breaking for several strides and losing momentum.

PORT HANOVER recovered to finish seventh. KAGEE VC was hampered by PORT HANOVER and finished at the rear of the field.

Stewards considered Mr Reardon to be solely responsible for the interference that occurred. Mr Wallis said Mr Ferguson was entitled to move in from the three-wide line to seek respite one-out and one-back and had done so safely. Mr Reardon confirmed to stewards there had been no pressure placed on him by Mr Ferguson.

Decision:

The breach is admitted and is found to be proved.

Submissions for Penalty:

Mr Wallis said Mr Reardon is a graduation driver who competed last season as a licensed amateur driver. In the current season, to date, he has driven in 22 races.

The starting point in the JCA Penalty Guide for careless driving that involves striking a sulky wheel is a 6 drive suspension or a $300 fine.

Stewards saw no reason to move up from the starting point on this occasion. Mr Wallis submitted that Mr Reardon’s careless driving was at the low-end of seriousness. Mr Reardon’s horse broke for only several strides before recovering its gait. Mr Ferguson’s sulky wheel had not been damaged by the interference and although Ms Barron had briefly been hampered, her horse had already been weakening out of contention.

Mr Wallis said Mr Reardon asked that a suspension be considered, rather than a fine. Stewards had no issue with this. Mr Reardon primarily drives horses from the small team he trains, and also accepts the occasional outside drive. He averages only 1 or 2 drives per meeting. On that basis, stewards sought a 4 day suspension.

Mr Wallis said Mr Reardon did not ask for a deferment of any suspension.

Reasons for Penalty:

The Committee finds that the outwards movement by Mr Reardon that resulted in him striking a wheel and breaking for several strides is careless driving at the low-end. KAGEE VC was weakening from the one-out one-back position and the opportunity opened up for Mr Reardon to move out safely. The interference that resulted was, in our opinion, a miscalculation at the end of this manoeuvre. His horse, PORT HANOVER, recovered to run home fairly but still finished more than four lengths from third place. We further find that no other horse had its chances materially affected as a result of this incident. Mr Ferguson’s sulky wheel was not damaged and Ms Barron’s horse was demonstrably weakening prior to being hampered by the breaking PORT HANOVER.

The starting point in the JCA Penalty Guide for careless driving that involves striking a sulky wheel is a 6 drive suspension or a $300 fine. Stewards submitted that Mr Reardon had a clear preference for a suspension. We therefore take a 6 drive suspension as our starting point. The connections and supporters of PORT HANOVER were disadvantaged by Mr Reardon’s carelessness and this could be held to be an aggravating factor. However, Mr Reardon is credited for admitting the breach and cooperating with stewards. We see no reason to deviate from a 6 drive suspension.

We further accept the submission from Stewards that, based on Mr Reardon’s average number of drives in recent times, 6 drives equates to a 4 day suspension.

Penalty:

Mr Reardon is suspended for 4 Otago/Southland days, from the conclusion of racing on 4 June 2018 up to and including 21 June 2018.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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