NZ Metro TC – 8 November 2005 –

hearingid: 8e36febfd55ade48e995080f20e61498

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startdate: 08/11/2005

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hearing_title: NZ Metro TC - 8 November 2005 -

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Following the running of Race 1, Searells Chartered Accountants Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr M P Edmonds, alleging that Mr Edmonds, as the driver of PAMMY?S PRINCE in the race, drove carelessly

Following the running of Race 1, Searells Chartered Accountants Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr M P Edmonds, alleging that Mr Edmonds, as the driver of PAMMY?S PRINCE in the race, drove carelessly when striking the wheel of NEW YEAR WHIZ (S R McNally). It was established that the incident took place with approximately 400 metres to run.

Mr Edmonds did not admit the breach.

After hearing the evidence and submissions of the parties, the Committee delivered the following oral decision:

"We have listened to the evidence and submissions of both parties and we have carefully viewed the video replays.

In arriving at our findings, we have had regard to the following matters:

1. PAMMY?S PRINCE did strike the wheel of NEW YEAR WHIZ. That was not disputed by Mr Edmonds and it was clear, obviously, from the video replays.

2. We have considered whether there was a sufficient gap for PAMMY?S PRINCE to improve into; and

3. We have considered whether the incident was caused by an intractable PAMMY?S PRINCE or by Mr Edmonds driving into the gap or allowing PAMMY?S PRINCE to attempt to take the gap.

As to whether or not there was a sufficient gap, in relation to this matter we are satisfied that there was not, although we accept that any gap was subsequently closed when NEW YEAR WHIZ was moved back in, which did make matters somewhat worse.

We are further satisfied that Mr Edmonds did allow PAMMY?S PRINCE to attempt to take the gap and, in doing so, drove carelessly. In arriving at this finding, we have considered that a reasonable and prudent driver would not have allowed PAMMY?S PRINCE to take an insufficient gap in those circumstances.

Accordingly, the charge is proved."

In relation to penalty, Mr Escott informed the Committee that Mr Edmonds had a clear record. He pointed out that it was a premier meeting and the race was for a stake of $20,000. Mr Edmonds' horse was denied a proper run over the concluding stages due to breaking. In view of that, he recommended a fine in the vicinity of $300-350.

Mr Edmonds submitted that the stake of the race was irrelevant. He indicated that he preferred a fine to a suspension but he considered that $350 was too much.

Following a deliberation, the Committee delivered the following oral decision in relation to penalty:

"We have heard what you both had to say concerning penalty. We have deliberated on the matter and we have looked at other instances of careless driving, or the penalties in other instances of careless driving, that we had available to us. We are of the view that this particular incident was probably not the most serious incident of careless driving matters that we would be called on to consider but, nevertheless, we accept Mr Escott's submission that it was a $20,000 race and that the connections of the horse and punters who supported it were denied the opportunity of getting a run for their money over the final stages. We have also taken into account that Mr Edmonds does have a clear record. Having regard to those matters, we have determined that a fine of $300 is appropriate and Mr Edmonds is fined the sum of $300 accordingly."

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