Oamaru HRC 15 September 2024 – R5 – Robbie Holmes

Mr Renault alleged that Mr Holmes drove carelessly near the 150 metres by shifting outwards and checking an outside runner (DEMON BLUE).

Mr Munro demonstrated on the videos that near the 200 metre mark, Mr Holmes looked to shift wider on the track. As he did so, he came into contact with the leg of DEMON BLUE at about the 150 metres. Mr Munro commented that DEMON BLUE was weakening at the time.

Mr Holmes said he was not angling out. He had looked to come out and PREMIER, which was having its first raceday start was green and had run out.

Decision

As Mr Holmes has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Renault produced the Respondent’s record which showed that Mr Holmes has had 216 drives this season. His record is clear under this Rule. Mr Renault submitted the breach was low-range as the breach had minimal consequential effects.

Mr Holmes had nothing further to add.

Reasons for Penalty

The breach is low-range. Mr Holmes has made contact with a weakening DEMON BLUE when shifting out in the home straight. The Penalty Guide provides a starting point of a fine of $300 for a first such breach. While Mr Holmes has a very good record under this Rule, this is incorporated into the starting point in the Penalty Guide. There are no aggravating factors. A mitigating factor is his admission of the breach, but the breach is clear on the video evidence. A penalty at the starting point is appropriate.

Conclusion

Mr Holmes is fined the sum of $300.