NZ Metro TC 27 September 2024 – R11 – Mia Holbrough

Summary of Facts:

Following the running of Race 11, the Respondent Junior Driver Mia Holbrough admitted a breach of Rule 869(3)(b); namely “that when driving DON JUAN she drove carelessly near the 1800m by shifting inwards when insufficiently clear of REGGIE GOLIGHTLY, which was checked with THE NIGHT FOX also being checked.”

The Respondent, Miss Holbrough, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule, her admission of the breach and the nature of the charge. Miss Holbrough was assisted at the hearing by Trainer Matthew Purvis.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Chief Stipendiary Steward, Nigel McIntyre identified the horses involved in the incident namely, DON JUAN, driven by Miss Holbrough, and after drawing 4 off the mobile gate, was racing near the lead and looking to improve across to obtain a position near the pylons. He pointed out REGGIE GOLIGHTLY, driven by Robbie Close and THE NIGHT FOX, driven by Carter Dalgety, racing to the inside of Miss Holbrough. Mr McIntyre then showed Miss Holbrough shifting inwards, when not clear of REGGIE GOLIGHTLY, who was placed in restricted room, eventually striking the sulky wheel of DON JUAN, and having to check. He pointed out THE NIGHT FOX, who was racing to the inside of REGGIE GOLIGHTLY, who was also placed in restricted room due to this incident, and who also had to ease and check because of Miss Holbrough’s move inwards.

Miss Holbrough stated her horse “knocked off “as she was attempting to move across Mr Close, which contributed to the incident. She concurred that she had misjudged her shift inwards.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Mr McIntyre produced the Respondent’s record, which indicated a clear record in regard to this Rule. He said that Miss Holbrough’s drives so far this season were 67.

He said the Penalty Guide provided a 2 day suspension or a $300 fine for an initial breach of this Rule. Mr McIntyre stated that in discussion with Miss Holbrough, she had indicated that a suspension was preferred as penalty.

Mr McIntyre submitted that a 2 day suspension, commensurate with the Penalty Guide, be considered as penalty.

The Respondent, Miss Holbrough confirmed that a suspension was a preferred penalty. She also stated that she did not seek a deferment and requested any suspension begin as soon as possible.

Reasons for Penalty:

The Penalty Guide provides a starting point of a 2-day suspension or $300 fine, for an initial breach of this Rule.

This Adjudicative Committee agreed with the Stewards, that this breach was at a lower level and accordingly, adopted a 2 day starting point.

There were no aggravating factors to consider, therefore no uplift was warranted.

After evaluating factors, the Adjudicative Committee determined a 2-day suspension, commensurate with the Penalty Guide, to be an appropriate penalty, in the circumstances of this case.

Conclusion:

The Respondent, Miss Holbrough is suspended from the conclusion of racing today, 27 September 2024, up to and including 6 October 2024. Relevant meetings encompassed in this period of suspension are Addington – 3 October 2024 and Methven – 6 October 2024.