NZ Metro TC - 8 July 2010 - R 1
869(3)(b)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N R Escott, Chief Stipendiary Steward
Defendant: R T May
Information No: 68992
Meeting: New Zealand Metropolitan Trotting Club
Date: 8 July 2010
Venue: Addington Raceway, Christchurch
Race: 1
Rule No: 869 (3) (b)
Judicial Committee: R G McKenzie, Chairman – K G Hales, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 1, Thursday Night Pick Six $50,000 Closes 8.12 p.m. Tonight Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr R T May, alleging a breach of Rule 869 (3) (b) in that Mr May, as the driver of ULTIMATE PLAYER in the race, “allowed his horse to move inwards with approximately 1400 metres [sic] causing CRUZ CONTROL to break and lose its chance”.
Mr May had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he 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:
The Committee had heard evidence and viewed video evidence relating to the incident in the earlier protest hearing.
Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident. He showed Mr May, 4-wide, coming forward. The horse’s head was straight and it was not until contact was made with the leg of CRUZ CONTROL that he shifted it slightly. After the point of contact, Mr May could be seen to look to his left. He had, simply, not given himself enough room, Mr McIntyre said.
REASONS:
The Committee was satisfied that Mr May had allowed his horse to shift inwards, as alleged, and as a result his sulky wheel had made contact with the off foreleg of CRUZ CONTROL, causing that horse to break and lose all chance. It appeared that Mr May had made an error of judgement in shifting in when he was not clear of CRUZ CONTROL. The Committee noted that Mr May had admitted the breach.
DECISION:
The charge was found proved
PENALTY SUBMISSIONS:
Mr Escott submitted that a fine of $350 was appropriate, taking into account Mr May’s admission of the breach and his good driving record. Mr Escott informed the Committee that Mr May has had 671 drives in the current season and has not breached the Rule during that time.
REASONS:
In determining penalty, the Committee took into account, as mitigating factors, Mr May’s admission of the breach and his very good driving record. However, an aggravating factor was the fact Mr May’s horse, ULTIMATE PLAYER, which had been a short-priced favourite for the race, had been disqualified from 1st placing. The Committee also consulted the database of penalties imposed for breaches of the careless driving Rule.
The Committee considered that, taking all factors into account, Mr Escott’s submission for a fine of $350 was appropriate.
PENALTY:
Mr May was fined the sum of $350.
R G McKenzie K G Hales
Chairman Committee Member
68992
