Geraldine TC 9 December 2023 – R11 – Gavin Smith

EVIDENCE:

Following the running of Race 11, Stipendiary Steward Mr Shane Renault presented an Information alleging a breach of Rule 859(2) by Driver Mr Gavin Smith.

Mr Smith stated he was conversant with the Rule and the Charge and confirmed he did not admit the breach.

Rule 859(2) provides:

(2) No driver shall permit a horse to start, and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing, mobile, or moving start), unless directed by the Starter.

Mr Renault played the videos of the start of the Race to show GREENBANK DON approximately 1¼ lengths in front of its correct barrier position as the race started. Mr Renault reminded the hearing GREENBANK DON had been disqualified and subsequently late scratched from the race because of this fact. He said it was a matter of strict liability for any Driver to ensure they didn’t start in advance of their correct position.

Mr Smith said although he agreed with the disqualification, “it wasn’t his fault”. He said because it was decided to not use a barrier strand for the 10m horses, it was difficult to determine where the 10m line was. Mr Smith said a road cone was placed on the outside of the track to line up to, but this had been knocked over by the front-line horses. He said as he was walking into his position, he was looking for the road cone and not the 10m barrier post which is on the inside of the track.

REASONS FOR DECISION:

The Adjudicative Committee carefully considered all the evidence and viewed the videos many times. This standing start, as is commonly occurring, was a shemozzle. Mr Smith was a victim of the circumstances of the muddle with most Drivers trying to anticipate the start. Unfortunately for Mr Smith, his drive was disqualified and as such, it was ultimately up to him, not to allow his horse to walk or jog forward of its starting position, “strict liability”.

DECISION:

The Charge was found to be proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said this is a very rare charge and obviously Mr Smith has a clear record. He said the Penalty Guidelines have a 3-day suspension starting point for a breach of this Rule.

Mr Smith made no submissions, but asked to have any proposed suspension start immediately.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 3-day suspension for a breach of this Rule.

Mr Smith had many reasons why it transpired his horse was in front of its correct position, which the Adjudicative Committee had some sympathy for. However, the Rule is very clear, it is in the Driver’s hands, as are the reins.

There are no aggravating factors to consider, but in mitigation, the Adjudicative Committee can afford Mr Smith a day’s discount for the circumstances he found himself in.

CONCLUSION:

Driver Mr Gavin Smith’s Licence to drive in races is suspended from the conclusion of racing on 10 December 2023, up to and including racing on 15 December 2023.