NZ Metro TC – 19 November 2004 – Race 9

Following the running of Race 9, The Southern Trust Dominion Trotting Handicap, an information was filed by Stipendiary Steward, Mr S T Larkins, against Licensed Open Horseman, Mr G Lang, alleging a breach of the half-carting rule or, in the alternative, careless driving in that Mr Lang, as the driver of SUMTHINGABOUTMAORI in the race, trailed the wheel of TOOMUCH TO DO (C J de Filippi) for approximately 200 metres with 1400 metres to run resulting in the wheel of TOOMUCH TO DO being struck.

Mr Lang admitted the breach.

Mr Larkins asked Mr Lang about his driving record in Australia. Mr Lang stated that he had been fined the sum of $100 for a breach of the half-carting rule about 6 months ago. His last suspension for careless driving was more than 2 years ago.

Mr Larkins referred to the penalty of a $500 fine imposed on Mr M C Marais on 12 November 2004, also a premier meeting, for a breach of the half-carting rule. Mr B D Williams, Assistant Stipendiary Steward showed video replays of the incident. He pointed out the field racing to the passing lane where the field got "a little bit loose". He showed ZIRINOVSKY (R D Holmes) hanging out being trailed by LYELL CREEK (A M Butt). He then showed Mr Lang shift out to the "half space" available and occupy that space for approximately 200 metres. He had failed to trail TOOMUCH TO DO and, in attempting to shift back down, struck the sulky wheel of TOOMUCH TO DO.

When asked by the Committee, Mr Larkins explained that the Stipendiary Stewards had brought the careless driving charge as an alternative charge and they did not contemplate two penalties for the one action.

Mr Lang said that R D Holmes, driver of ZIRINOVSKY, had obviously been considering moving out when horses began to improve outside him. He alleged that Mr Holmes was also trailing a wheel. Mr Lang said that he then came out to "sit in the middle" waiting and hoping that Mr Holmes completed the move. When Mr Holmes did not do so, Mr Lang said that, realising that the corner was coming up, he "rolled back in". Mr Lang said that his drive was pulling a bit and he then briefly struck Mr de Filippi's wheel. Mr Lang acknowledged that the race was a major one and he said that he had tried to "make something happen" to improve the chances of his drive.

We have treated this incident as a breach of the half-carting rule and we have taken the view that the subsequent striking of the wheel of TOOMUCH TO DO was a consequence of that half-carting. On the basis of Mr Lang's plea of guilty, the breach of Rule 869(5) is therefore found proved. On Show Day, Mr M C Marais appeared before us for a breach of the same rule. He admitted the breach and was fined the sum of $500. Mr Lang's breach was in a Group 1 race for trotters ? probably New Zealand's premier race for trotters. In view of that, the breach must be viewed as a reasonably serious one. Mr Larkins' recommendation of a fine of $500 seems a reasonable one in all the circumstances. Therefore, Mr Lang, you will be fined the sum of $500.