Westport TC 28 December 2023 – R5 – Brent Borcoskie

BACKGROUND:

Following the running of Race 5, Fuller Tools Handicap Trot, Open Driver, Brent Borcoskie, admitted a charge that, as the Driver of VINCENZO in the Race, he “shifted outwards forcing GINA’S MAJESTY (Ian Cameon) wider on the track prior to the 1000 metres”.

Rule 869 provides:

(4)        No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

(6)        Subject to sub-rule (4) hereof:-

(b) a horse 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.

EVIDENCE:

Mr Renault showed video replays of the incident just prior to the 1000 metres. He pointed out the two runners involved. He showed VINCENZO racing 5-places back on the markers and GINA’S MAJESTY, racing in the one-out line behind VINCENZO. He then pointed out that, leaving the turn out of the straight prior to the 1000 metres, the Respondent shifted outwards into the one-out line, and he showed that the nose of GINA’S MAJESTY was outside the wheel of the Respondent’s sulky at the time. GINA’S MAJESTY was forced to race wider on the track as a consequence but the Respondent, realising his mistake, did ease back to allow Mr Cameron the position to which he was entitled.

The Respondent said that Mr Cameron had only just got to his wheel and, had he kept going forward, Mr Cameron may have been able to get on his back.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has an excellent record. He has had 31 drives this season. The usual penalty for a breach of the Rule is a fine of $200. There are no aggravating factors, in fact it was low-level. Mr Renault said that the Respondent had indicated that he would prefer a suspension and, if the Adjudicative Committee were minded to impose a suspension, Stewards submit that the appropriate penalty should be a 2-day suspension. The Respondent has been a regular attender at Harness Meetings at Nelson, he said.

The Respondent confirmed that he would prefer a suspension but, requested a deferment until after the meeting of Banks Peninsula TC on 7 January 2024.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) suggests a fine of $200 for a first breach of the pushout rule. However, the Adjudicative Committee has a discretion to impose a penalty of suspension rather than a fine, and the Respondent has asked for a suspension. The Adjudicative Committee is satisfied that a suspension of 2 days would equate roughly to a $200 fine in the Respondent’s case. Furthermore, the Adjudicative Committee accepts that the Respondent would quite likely be going to the Nelson two-day meeting.

CONCLUSION:

The Respondent’s request for a deferment is granted.  His Open Driver’s Licence is suspended from after the conclusion of racing on 2 January 2024 up to and including 14 January 2024 – 2 days.