NZ Metro TC – 21 October 2005 – Race 6

Following the running of Race 6, the Fresco Seafoods Handicap Trot, an information was lodged by Stipendiary Steward Mrs K. R Williams against Mr P. N. Jones, the driver of Eiffel (9), alleging a breach of Rule 869(5) the "half carting" rule. The charge reads as follows.

Rule 869(5) reads as follows.

Mr Jones had indicated on the information that he did not admit the breach of this Rule. When asked to confirm that he did not admit this breach Mr Jones said "I don?t admit the charge for the full 400 metres.". We took this to be a confirmation of the denial of this charge.

Stipendiary Steward Mrs Williams gave evidence along the lines of the Information. Video coverage was used by Stipendiary Steward Mr B. Williams to show that "Eiffel" trailed the wheel of the horse in front. Mr Williams also pointed out that the shadows of the field travelling down the back straight clearly showed that "Eiffel" was in between the two out and three out lines. Mr Williams was of the opinion that this was a clear case of "half carting" and that the following horses were inhibited.

Mrs Williams called Junior Horseman Sam Smolenski to give evidence. This

witness was driving "Joshua Robert" which was directly behind "Eiffel" at the time of this incident. Mr Smolenski said that he had moved three wide with the intention of moving forward, but as he would have had to travel four wide to pass "Eiffel" he had second thoughts. He said that he had yelled at Mr Jones "?. to either come out or stay where he was". Mr Smolenski agreed that Mr Jones was "half carting".

Mr Jones was given the opportunity to question all witnesses.

Mr Jones gave evidence that he had moved outwards with the intention of making a forward move. When he found he was unable to he had moved back in before the bend (at the top of the back straight).

After hearing the evidence we adjourned to consider our decision. On returning to the Enquiry Room we gave the following oral decision.

"Having heard the evidence and having seen the video coverage of the race we are satisfied that Mr Jones did "half cart" for a considerable distance in the back straight between the 1000 metre and 600 metres marks.

In particular we accept the evidence of Mr Sam Smolenski and Stipendiary Steward Mr Brent Williams. We also find that the video coverage shows clearly this breach. We find the charge proved."

Penalty: Mrs Williams advised that Mr Jones had a clear record and recommended a fine of $200-00. Mr Jones also made submissions and asked that he be suspended rather than fined. Mrs Williams did not consider that a suspension was appropriate in this case.

We retired to consider the matter of penalty.

On looking at recent penalties we found that fines of $200-00 to $250-00 have been imposed recently. We were also in agreement with Mrs Williams that a suspension was not appropriate for a breach of this Rule.

On returning to the Enquiry Room we advised Mr Jones that he would be fined the sum of $200-00.