NZ Metro TC – 26 August 2005 – Race 8

Following the running of Race 8, the Craddocks Airport Car Storage Handicap Trot, an information was lodged by Stipendiary Steward Mr B. D. Williams against Mr C. E. Newfield, the driver of Last Link (8), alleging a breach of Rule 869(5) the "half carting" rule. The charge reads as follows.

Rule 869(5) reads as follows.

"A horseman shall trail with his horse's head behind the seat of the sulky being trailed."

Mr Newfield had indicated on the information that he did not admit the breach of this Rule and he confirmed this at the hearing. Mr Newfield also agreed that he understood the Rule and the charge.

Stipendiary Steward Mr Williams called Mr M. P. Jones, the driver of Zuri (4), to give evidence. This witness said that he was trailing Last Link and that during the time in question he was considering moving out to pass that horse. However when he did start to make a move Mr Newfield would move outwards and "half cart". This made a passing movement more difficult for him.

Mr Williams gave evidence that between the 1950 metre and 1600 metre

marks Mr Newfield was seen to be half carting. This resulted in the trailing driver (Mr Jones) being in two minds whether to try and pass. Mr Williams said that he viewed this incident from the top of the back straight and that he had a good view of what was happening.

Video coverage of this incident was also shown to illustrate what had happened. It was pointed out by Mr Williams that Mr Newfield "half carted"
for a good part of this distance, and that it seemed to be a deliberate action aimed at preventing Zuri from passing him.

Mr Newfield gave evidence that he was aware that Mr Jones was trailing him. He also said that when he saw Mr Jones "coming out to go" he would be ready to go himself. He said that he would move out, but when Mr Jones dropped back he would also drop back. Mr Newfield said that he was not really disputing that he was "half carting" but explained that he used these tactics when Mr Jones appeared to be making a move to pass him.

After hearing the evidence we adjourned to consider our decision. We were satisfied that for a considerable distance between the 1950 and 1660 metre marks Mr Newfield "half carted". Mr Newfield sought to excuse his actions by saying that he used these tactics to counter a possible passing movement by Mr Jones. We reject this as being a valid defence to this charge.

On returning to the Enquiry Room we gave the following oral decision.

"Having heard the evidence and having seen the video coverage of this incident we are satisfied that you did "half cart" as alleged. You have agreed that you did, but have sought to excuse your actions by saying that you were doing so as a tactic during the race. We do not accept that this is a valid excuse and find the charge proved."

Penalty: Mr Williams advised that Mr Newfield had a clear record and recommended a fine of $250-00. Mr Newfield said that he had only just renewed his licence and that this was his first offence.

We advised that we would retire to consider the matter of penalty. Mr Newfield said that would not be able to return to hear our decision on penalty.

The only two recent breaches of this rule we could find were in November 2004 where fines of $500-00 were imposed in both cases. However both breaches were at Premier meetings. We were satisfied that a fine of $250-00 was an appropriate penalty in this case and Mr Newfield was fined this amount.

Chairman