NZ Metro TC 8 December 2016 – R 6 (heard 10 December 2016 at Addington) Chair, Mr R G McKenzie

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startdate: 08/12/2016

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hearing_title: NZ Metro TC 8 December 2016 - R 6 (heard 10 December 2016 at Addington) Chair, Mr R G McKenzie

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S T Mulcay, Stipendiary Steward

Respondent: R D Holmes, Licensed Open Horseman

Information No: A8329

Meeting: New Zealand Metropolitan Trotting Club

Date: 8 December 2016

Venue: Addington Raceway, Christchurch

Race: 6

Rule No: 869 (3) (b)

Judicial Committee: R G McKenzie, Chairman / S C Ching, Panellist

Plea: Admitted

FACTS:

Following the running of Race 6, Graphite Developments-Show Day Futurity Consolation Mobile Pace, an information was filed by Stipendiary Steward, Mr S T Mulcay, against Licensed Open Horseman, Mr R D Holmes, alleging that Mr Holmes, as the driver of LAKEISHA in the race, “drove carelessly near the 300 metres when allowing LAKEISHA to make contact with pylons and the sulky wheel of NICKY’S LOGIC (J F Curtin) causing his runner to break”.

The information was filed on race night and served on Mr Holmes at the meeting of New Zealand Metropolitan TC at Addington Raceway on 10 December 2016.

Mr Holmes had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Mulcay confirmed that Mr Holmes did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-
(b) carelessly.

SUBMISSIONS:

Mr Mulcay showed video replays from all available angles of the final 400 metres of the 2600 metres mobile start event. He pointed out LAKEISHA, driven by Mr Holmes, in the trail behind the leader, NICKY’S LOGIC (J F Curtin), as the field approached the home turn. Mr Holmes activated the removable deafeners and “slapped” his mare with the rein, Mr Mulcay said. Mr Holmes then got up onto the back of Mr Curtin and directed his mare into “half a gap”. This was how Mr Holmes described it and the Stewards agreed, Mr Mulcay said. As a result, the mare touched Mr Curtin’s wheel and flattened the tyre shortly afterwards.

On the head-on replay, Mr Mulcay pointed out that Mr Holmes directed his runner down into a half-gap, touched Mr Curtin’s wheel, got over the pylons and became unbalanced. Mr Curtin’s tyre deflated shortly after, Mr Mulcay said. Mr Holmes had made a bad decision, he submitted.

While NICKY’S LOGIC was “battling”, Mr Mulcay said, it was not as if she had come back onto LIKEISHA. Neither was Mr Holmes’ horse proving unduly difficult or proving to be a difficult drive. It only shifted down when directed down by Mr Holmes.

DECISION:

Mr Holmes having admitted the charge, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Mulcay said that Stewards viewed the carelessness as being “mid-range”. Mr Mulcay told the Committee that Mr Holmes has an “exemplary” record under the careless driving Rule. He has had 83 drives to date in the current season and, in the 2015/2016 season, had 310 drives. He is an active and competent driver, Mr Mulcay said.

Mr Mulcay referred to the Penalty Guide starting point of a 10 drives’ suspension or a $500 fine and submitted that, having regard to Mr Holmes’ good record and his admission of the breach and some mitigating features, an appropriate penalty was a fine of $300. The breach could be dealt with by way of a fine, he submitted.

PENALTY REASONS:

In determining penalty, the Committee had regard to the starting point of 10 drives or a $500 fine under the Penalty Guide. From that starting point, the Committee was able to give Mr Holmes a discount for the two mitigating factors – his admission of the breach and his good driving record under the Rule. The degree of carelessness was at the lower end of the scale in the Committee’s view.

PENALTY:

Mr Holmes was fined the sum of $300.

R G McKenzie      S C Ching

CHAIRMAN         PANELLIST

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hearing_type: Old Hearing

Rules: 869(3)(b)

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