NZ Metro TC 9 September 2022 – R6 – Barry Ford

BACKGROUND:

Following the running of Race 6, Reece Plumbing Handicap Trot, an Information was filed by Chief Stipendiary Steward, Nigel McIntyre, alleging that the Respondent, Driver Barry Ford, breached Rule 869(6)(c) in that, as the Driver of BLINK N BONES in the race, he shifted outwards near the 1050 metres forcing BOURBON ON THE ROCKS (John Versteeg) wider on the track.

Rule 869 (the Pushout Rule) provides that:

(6)  Subject to sub-rule (4) hereof:

(a)  drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;

(b)  a horse making a forward movement during any race shall not be forced to race wider on the track;

(c)  a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

The Respondent admitted the breach and endorsed the Information accordingly.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed a video replay of the race as the field raced passed the winning post with 1200 metres to race. He pointed out BLINK N BONES, driven by the Respondent, racing in second-to-last position on the markers with BOURBON ON THE ROCKS (John Versteeg) racing outside it. Shortly thereafter, Mr Versteeg shifted off the back of INSTANT DELIGHT (Bob Butt) in front of him, which invited the Respondent out. However, Mr Versteeg was still outside the sulky wheel of the Respondent and when the Respondent shifted out into the 2-wide line. This forced Mr Versteeg’s runner to race 3-wide for a distance before restraining onto the Respondent’s back. Mr McIntyre demonstrated by use of a marker on the outside fence that the incident took place approximately 50 metres prior to the 1000 metres.

The Respondent said that he had made an error of judgement in thinking that he was inside the 1500 metres after which he, mistakenly, believed that he was entitled to push out.

DECISION:

The charge is admitted by the Respondent and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that the Respondent has had 285 career drives – this season (from 1 January 2022), 4 drives. The Penalty Guide starting point for a breach of the Rule is a fine of $250. Stewards believed that a fine of $200 was appropriate, Mr McIntyre said.

REASONS FOR PENALTY:

The Penalty Guide starting point for a breach of the Pushout Rule is a 5-drives suspension or a fine of $250. The Respondent has a clear record and has admitted the breach for which he is entitled to a discount from the starting point. There are no aggravating factors. Although BOURBON ON THE ROCKS was forced to race 3-wide for approximately 200 metres, before restraining onto the back of the Respondent, from the 600 metres it dropped out and finished well back. The discount for the mitigating factors referred to is $50.

CONCLUSION:

The Respondent, Graduation Driver Barry Ford, is fined $200.