NZ Metro TC – 25 May 2010 – R 3

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hearing_title: NZ Metro TC - 25 May 2010 - R 3

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  S P Renault, Stipendiary Steward

Defendant:  G D Smith, Licensed Open Driver

Information No:  68995

Meeting:  New Zealand Metropolitan Trotting Club

Date:  25 May 2010

Venue:  Addington Raceway, Christchurch

Race:  3

Rule No:  869 (4)

Judicial Committee:  R G McKenzie, Chairman – S C Ching, Committee Member

Plea:  Not Admitted

THE CHARGE(S):

Following the running of Race 3, Information No.68995 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr G D Smith, alleging a breach of Rule 869 (4) in that Mr Smith, as the driver of NUCIFORA in the race, “drove in a manner likely to cause interference when attempting to push LIVE COURAGE (A M Butt) wider on the track”.

Mr Smith was present at the hearing of the information and he indicated that he did not admit the breach.

Rule 869 provides as follows:

(4)     No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

FACTS:

Mr Butt stated that he was commencing a run 3-wide without cover from 4-back on the outside. Mr C J De Filippi on JAYZ MACHINE was in the 1/1, two places ahead of him. When he came up to Mr De Filippi, Mr De Filippi came out ahead of him, into the 3-wide line. Mr Smith attempted to follow Mr De Filippi out and push him, Mr Butt, wider on the track. He said that he and Mr Smith had both gone for the same gap. The “parked out” horse was stopping so Mr Smith was trying to get off its back. Mr Butt said he was endeavouring to hold his position. He described it as “competitive driving” by Mr Smith.

Mr Renault alleged that the “jostling” had gone on for 100 to 150 metres. The Stewards believed that it had gone on for too long. Mr Smith may have had a “minimal advantage” over Mr Butt initially but he lost that advantage very early on but continued to attempt to improve 3-wide, when he was not in a position to do so.

Mr N G McIntyre, Stipendiary Steward, showed video replays of the relevant part of the race. He alleged that the continuation of the pushing from Mr Smith onto Mr Butt had gone on for approximately 150 metres. At some stage, competitive driving has to cease, he said. The runners behind were caught in two minds as to what was going on. Mr Butt was in the 3-wide line and was easily holding his position. Mr Smith persisted in trying to push Mr Butt wider and his actions placed the runners behind him in two minds, Mr McIntyre said.

Mr Butt said that he did not wish to race 4-wide but wished to stay on the back of Mr De Filippi. If Mr Smith had had an advantage, he would have got him out easily, Mr Butt said. He was never 4-wide at any stage.

Mr Smith stated that, when he commenced the movement, he believed that he had an advantage of a half-head over Mr Butt, but “half-way through it”, or after 100 metres, his horse had dropped the bit. Mr Butt said that, because Mr Smith’s was not travelling as well as his was, Mr Smith did not have an advantage over him. Mr Smith stated that he had to “have a go” and when the parked horse started to come back, he had to give up. He was having a “tussle” with Mr Butt but it was not dangerous. No other runners were involved or at risk, he said. 

REASONS:

The Committee had listened to the evidence of both parties and had carefully viewed the video replays of the race between approximately the 800 metres and the 700 metres.

Mr Smith on NUCIFORA had been in the one-out and two-back position when Mr Butt on LIVE COURAGE pulled out from 4-back to improve 3-wide. At that point, Mr C J De Filippi on JAYZ MACHINE left the 1/1 position to improve 3-wide.

At that point, Mr Smith attempted to ease out onto the back of JAYZ MACHINE. However, the Committee believes that Mr Butt had, in the meantime, got onto the back of JAYZ MACHINE in the 3-wide line.

Mr Butt, initially, described Mr Smith’s actions as “competitive driving” but he later admitted that, in his view, Mr Smith did not have an advantage which would have enabled Mr Smith to ease him out and, further, he said that if Mr Smith had had an advantage, he would have been able to ease him out easily.

Mr Smith said in his evidence that he believed he had a slight advantage initially and would have been able to ease Mr Butt out thereafter, had his horse not dropped the bit. When asked by the Committee, Mr Smith said that his horse dropped the bit after 100 metres into the manoeuvre. This adds weight to our finding that Mr Smith persisted for too long. Mr Smith also said that he had to give up when the runner in front of him also started to stop.   

The Committee found that any advantage that Mr Smith had over Mr Butt was only very minimal at best, and when he was unable to ease Mr Butt out, he should properly have desisted in his attempt to do so. He did not do so, but rather persisted, unsuccessfully, over a distance of some 100 to 150 metres which, in the Committee’s view, was for too long. Mr Smith persisted in his efforts when he ought to have given up and when, the Committee believes, a reasonable and prudent driver would have given up. His actions were likely to cause interference.

DECISION:

The Committee found the charge proved.

SUBMISSION(S) ON PENALTY:

Mr Renault referred to the Penalty Guide which, he said, recommended a starting point for a breach of the Rule of  $400 and/or a 2 weeks’ suspension. The particular breach was at the lower end of the scale, he submitted. Mr Smith’s record was a good one. He has had 259 drives in the current season with no previous breaches of the Rule. He submitted that a fine of $200 was appropriate.

Mr Smith submitted that the Committee should take into account that the meeting was a low-key one with low stakes. He endorsed Mr Renault’s submission that the breach was at the lower end of the scale.

REASONS:

The Penalty Guide recommends a starting point for a breach of Rule 869 (4) where no actual interference takes place (as was the case in this instance) of a $200 fine and/or a 1 weeks’ suspension. The Committee also looked at the database of penalties imposed for breaches of the Rule.

The Committee took into account Mr Smith’s good record and his submission as to the status of the meeting. It agreed with both parties that the breach was at the lower end of the scale of seriousness. In particular, the Committee had regard to the fact that there was no actual interference caused by Mr Smith.

PENALTY:

Mr Smith was fined the sum of $200.

R G McKenzie             S C Ching

CHAIR                        Committee Member

68995

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hearing_type: Old Hearing

Rules: 869(4)

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StipendSteward:

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