Auckland TC 17 February 2023 – R5 – Roydon Downey

Evidence:

Following the running of Race 5, the “HR FISKEN & SONS NORTHERN TROTTING BREEDERS STAKES TROT” the Informant presented an Information charging Mr Downey, the Driver of “SANS AU REVOIR” with careless driving in breach of Rule 869(3)(b).

He alleges that Mr Downey drove carelessly when shifting ground outwards near the 200 metres, causing checks to several outside runners.

Mr Downey admitted the breach of the Rule.

The race films disclosed that “SANS AU REVOIR”, travelling well but 3 back on the rails, was angled out by Mr Downey as it approached the 200 metres mark.  He was insufficiently clear of “JASINOVA” (driven by Mr S McCaffrey) forcing it outwards.  He continued the outwards movement, seeking to obtain a clear run to the finish.  As a consequence, interference was caused to other horses on the outside, namely “MUM’S JEWEL” (Mr M McKendry), “RESOLVE” (Mr M White) and “SACRED MOUNTAIN” (Ms N Chilcott).  All were inconvenienced to varying degrees with both “MUM’S JEWEL” and “SACRED MOUNTAIN” being badly checked and broke, losing all chance.  “SANS AU REVOIR” ran on well to finish third in this Group 3 Race, earning a stake of $2,430.

Whilst admitting that he drove carelessly, and caused a “chain reaction”, he said he did not consider that he was the cause of 2 of the outside horses breaking into a gallop.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Mulcay submitted that the carelessness was “at least midrange”.  He advised that Mr Downey trains at Kumeu, only drives in the Northern area, on average, one drive on each day.  This is illustrated by the fact that it was only Mr Downey’s 6th drive for the season. He has a clear record.  But Mr Mulcay observed this was a Group 3 Race with quite high consequential effects on several winners.

Mr Downey agreed that he had relatively few drives, and only in the Northern area and accepted that a suspension would follow but said “Don’t be too hard on me”.

Reasons for Penalty:

This was a Group Race and the Penalty Guide suggests a “starting point of 5 days suspension”.  The Adjudicative Committee adopts that level, and notes it incorporates the fact of being a Group Race.  But there are other aggravating features that must be incorporated into the penalty sanction exercise.  These include:

(a)  Four horses were hampered in the straight at the business end of the race.

(b)  Two of those lost all possible chance by galloping.

(c)  Mr Downey’s actions enabled or assisted his horse, a mare owned and trained by him – to obtain the 3rd place stake and black type.

(d)  The degree of carelessness was on the cusp of high end.

For those aggravating factors, an uplift of a further 1 day suspension is required.

Conclusion:

Accordingly, Mr Downey’s licence to drive is suspended for 6 days to be from today, and to encompass the meetings on 24 February 2023 until the conclusion of racing on 17 March 2023.