NZ Metro TC 8 May 2024 – R2 – John Charles Morrison

BACKGROUND:

Following the running of Race 2, P I & G J Kennard Mobile Pace, Licensed Open Driver, John Morrison, admitted a charge that, as the Driver of ULTIMATE COUNSEL in the race, he drove carelessly near the 750 metres when shifting ground outwards and striking the sulky wheel of LOUIE VISTA (Samantha Ottley) which punctured.

Rule 869 provides as follows:

(3)  No driver in any race shall drive:-

     (b)  carelessly

EVIDENCE:

Stipendiary Steward, Matt Sole, had Steward, Shane Renault, point out the two runners on video replays of the incident with approximately 750 metres to race. Mr Renault pointed out the first three runners in the field racing in single file. LOUIE VISTA, driven by Ms Ottley, was racing in the trail and ULTIMATE COUNSEL, driven by the Respondent was racing 3rd. He then showed the Respondent pull out to improve to the outside of Ms Ottley and, as he did so, his runner struck the wheel of her sulky. He pointed out, on a close up, the wheel of Ms Ottley’s “shudder”. The tyre punctured, Mr Sole said.

The Respondent said that he was not aware, at the time, that he had struck the wheel, but admitted that he had done so.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that the Respondent has had 212 drives this season and 531 last season. He has a careless driving breach on his record – at Rangiora HRC on 5 May last (2 drives ago), fined $250 for careless driving striking a wheel.

Mr Sole referred to the Penalty Guide which provides a penalty of 3-days suspension for a second breach. Given the proximity of the previous charge, Mr Sole submitted, a 3-days suspension would be an appropriate penalty.

It was difficult to assess the consequences of the breach, Mr Sole said.

The Respondent said that the breach was minor and did not deserve a 3-days suspension. He had only just “tapped” the wheel, and did not even know it had happened. He had not driven straight into Ms Ottley’s wheel, but had just “clipped” it on the way out, he submitted. A 3-days suspension could cost him $3,000 he said.

After an examination of upcoming meetings, the Respondent sought a deferment of suspension until after the meeting of NZ Metropolitan TC on 17 May 2024.

REASONS FOR PENALTY:

This is the Respondent’s second breach of careless driving striking a wheel. It just so happens that the previous breach was only 3 days ago. The Adjudicative Committee, however, does not regard this as an aggravating factor, as suggested by Mr Sole.

The breach was minor, and the consequences difficult to gauge.  The Adjudicative Committee acknowledges that the effect of a 3-days suspension on the Respondent would be significant and out of proportion to the seriousness of the breach and the degree of culpability of the Respondent.

The RIB Harness Racing Penalty Guide (February 2023) suggests a starting point of a 3-days suspension for careless driving striking a wheel and adds “the consequences of this action go to penalty”. It was not alleged that there were any significant consequences. Having regard to the factors referred to, and the Respondent’s frank admission of the breach, the Adjudicative Committee considers that a suspension of 2 days, in this case, is an adequate penalty.

CONCLUSION:

Licensed Open Driver, John Morrison, is suspended from after the close of racing on 17 May 2024, up to and including 23 May 2024 – 2 days.