Auckland TC 21 April 2023 – R7 – Greg Sugars

EVIDENCE

Following the running of Race 7, the Dawson Harford Ltd Taylor Mile Mobile Pace (G1) 1600m, Senior Stipendiary Steward Mr Mulcay filed an Information alleging the Driver of BETTER ECLIPSE, Mr G Sugars, failed to maintain his position on the Mobile Barrier until the start was declared.

Rule 858(1)(i) provides: A driver must not fail to maintain his or her position.

Mr Sugars is a visiting Australian based Driver.  He has considerable race driving experience.  He was present at the hearing and confirmed that he understood the Rule and that he admitted the breach.

Mr Mulcay demonstrated the incident by use of the race films and showed that prior to the start, the three horses on the outside of the frontline were behind the mobile arm in the run up to the start of the race.  He pointed out that BETTER ECLIPSE (G Sugars) from barrier position No. 8, was more than half a length behind the barrier arm when the field was dispatched.  He added that it was noticeable that BETTER ECLIPSE was laying in on HARDER THAN DIAMONDS (A Poutama) who drew 7, as the field lined up behind the mobile barrier.  He pointed out that prior to the start, both horses momentarily locked wheels.

Mr Sugars confirmed the Steward’s interpretation of the breach.  He added that his horse was unfamiliar with the right-handed track at Alexandra Park and wanted to lay in.  As a result, he was distracted trying to straighten up and in doing so, became slightly detached from the barrier arm at the start.  Nonetheless, he accepted that he had an obligation to maintain his position behind the barrier at the start.

DECISION

The breach is admitted, and the charge is therefore proved.

PENALTY SUBMISSIONS

Mr Mulcay said that Mr Sugars had a clear record under this Rule. He said that the Penalty Guide provides for a $100 fine but given that the breach occurred in a Group 1 Race, an uplift in the vicinity of $100 is sought.  He said that there were some mitigating factors in Mr Sugars’ favour.

Mr Sugars offered no submissions as to the penalty.

PENALTY REASONS

The race films clearly establish the breach.  Mr Sugars’ drive did lay in approaching the start and contact was made between the sulky wheels of BETTER ECLIPSE and HARDER THAN DIAMONDS, but they came free prior to the start and both Drivers had an obligation to ensure they maintained their positions behind the mobile barrier.

After considering the Respondent’s admission, his clear record, and the status of the race, the Adjudicative Committee deemed a $100 uplift from the Penalty Guide starting point of $100, would be appropriate in the circumstances.

CONCLUSION

Accordingly, Mr Sugars is fined $200.