Waimate TC – 5 December 2004 –

An information was lodged by the Stipendry Stewards instigating a charge against Mr A Panagiotidis alleging a breach of rule 870[1].

In essence Stipendry Stewards alleged that Mr Panagiotidis the driver of Beat the Bank failed to take his horse clear of the field with approximately 1900 meters to run when in a break checking several following runners.

At the outset of the hearing Mr Pangiotidis confirmed he denied the charge.

Mr S T Larkins on behalf of Stipendry Stewards said that he viewed the race from the tower adjacent to the judges box and with approximately 1900 meters to run he noted Beat the Bank left its gait, moved out slightly allowing trailing horses though on the inside and then remained in the same position in relation to the inside of the track, in a gallop for some considerable time inconveniencing trailing horses who had to move round it.

Mrs. K Williams said that she viewed the incident from the top of the straight and it with approximately 1800 meters to run Mr Pangioitidis' horse Beat the Bank broke and he failed to take his horse clear of the field. She estimated that the horse galloped for a distance of 80 to 100 meters after he initially took Beat the Bank from the rail to one and a half out but he failed to take the horse further out and clear of the field and as a result the horses moving from behind were inconvienced and had to cover xtra ground it. She also stated that there was a considerable period of time during which Mr Pangioitidis could have complied with the requirements of the rules as a horseman. Mrs Williams demonstrated the incident by reference to the two video angles of the incident and she said that this confirmed her evidence.

Mr Larkins in summing up said that there were two elements to the charge. Firstly that he initially failed to take any action for approximately 9 strides and then he did not take the horse clear of the field as he was required to do so.

Mr Pangiotidis said that his horse galloped. He was aware of the horses behind him; he moved the horse out to allow those through. He then said the horse had its tongue over the bit and was pulling and he had difficulty in moving the horse outwards. He later advised the committee that the horse had lost a shoe at some stage but could not confirm exactly when that occurred. In response to that matter Mr Larkins suggested that it was mere supposition as to when it occurred and that that had no bearing on the actions taken by Mr Pangiotidis.

The committee who has given careful consideration to the evidence given by Mr Larkins, Mrs Williams, Mr Pangiotidis, its observations of the videos of the race and also its live observation of the race.

The committee is of the view that although Mr Pangiotidis did allow some strides after Beat the Bank left its gait, did move the horse out, a cart width, to allow trailing horses through he then failed to take the horse clear of the field when he had an opportunity of approximately 80 to 90 metres to do so. The video evidence of the incident and the evidence of Mr Larkin and Mrs Williams is indisputable. Mr Pangiotidis may have had a difficult drive but the obligation remained on him to comply with the requirements of the rule, which he acknowledges he understood at the hearing.

With regard to penalty Mr Larkins indicated that the Stipendry Stewards were seeking a monetory penalty only and suggested that the incident was similar to one that occurred a week earlier at the Geraldine.

Mr Pangiotidis for his part advised that he was in position to pay a monetary fine and did not wish to be suspended, however asked the committee to make the fine at the lower end of the scale. The committee after taking into account the incident itself, the evidence given at the hearing and submissions made impose a monetary penalty of $200.00.