Invercargill HRC 20 October 2024 – R7 – John Morrison

Mr Munro alleged that the Respondent, Mr Morrison, breached r 869(3)(b) in Race 7 in that when driving FRANCO HUNTINGTON, he shifted ground outwards passing the 300 metres placing an outside runner in restricted room, which broke.

Miss Haley showed the video footage of the incident from just after the 400, Mr Morrison was trailing the leader which started to give ground.  There were a number of horses improving to his outside. To his immediate outside was Mr Anderson driving NO ADDED SUGAR.  Mr Anderson was improving past him. FRANCO HUNTINGTON was still full of running and as Mr Morrison moved outwards to improve his position, he contacted the wheel of Mr Anderson. This caused pressure between Mr Anderson and Mr Douglas on TEN DA TOUCH. NO ADDED SUGAR broke and finished outside of the placings. FRANCO HUNTINGTON went on to win the race.

Mr Morrison, while admitting the breach, believed there were several contributing factors, in that NO ADDED SUGAR was only just starting to improve and at the time Mr Morrison had looked, he considered he had enough space to move. Mr Morrison added that he believed Mr Anderson should in the circumstances have moved wider and, while not seeking to criticise Junior Drivers, he considered experienced Drivers would have made space.

Decision

The charge is admitted by the Respondent and is found to be proved.

Submissions for Penalty

Mr Munro produced the Respondent’s record, which has one similar breach from 10 May 2024 (five and half months ago) where he was suspended for 3 days. He has had 185 drives since that suspension. There is a reset at 6 months from the May incident or at 200 drives. Neither of which Mr Morrison met, but he is very close on each point.

Mr Munro stated that the matter was a mid-level 2nd breach with a starting point of a 5-day suspension.  He said the fact FRANCO HUNTINGTON won the race was an aggravating factor, as was the fact the chances of NO ADDED SUGAR were extinguished. Mr Munro acknowledged quite properly there were matters in mitigation for Mr Morrison, including his immediate admission of the breach and the situation of the Junior Drivers to his outside.

Mr Morrison asked for a 50/50 split penalty of a fine and a suspension.

Reasons for Penalty

The Penalty Guide establishes a starting point of a 5-day suspension for a second mid-level breach of this Rule. The Adjudicative Committee determined there were two aggravating factors to consider as per the submissions of Mr Munro. Mitigating factors were Mr Morrison’s admission of the breach and the circumstances of the breach.

From the starting point of a 5-day suspension, an uplift of one day for the aggravating factors is appropriate.  In mitigation, a reduction of at least one day is appropriate.

Had this been a first breach for Mr Morrison, the starting point for a mid-level breach would be a 2-day suspension.  As set out above, Mr Morrison was very close on both counts to having a reset and this being considered a first breach.  There were also circumstances both in respect to NO ADDED SUGAR improving forward and the two Junior Drivers on the outside who perhaps had they been more Senior Drivers, would have read the situation and eased outwards allowing Mr Anderson and Mr Morrison room.  This left the Adjudicative Committee of the view that 5 days’ suspension was excessive, but that 4-day suspension was not enough.  Therefore, the Adjudicative Committee determined to impose a 4-day suspension, together with a fine of $300.

Conclusion

Mr Morrison is suspended for 4 days and fined $300.  Mr Morrison sought a deferment of the commencement of the suspension which was granted.

Mr Morrison is suspended from the conclusion of racing on 28 October, up to and including 4 November 2024.