Methven TC 1 November 2024 – R1 (heard 8 November 2024 at Rangiora) – Brent Borcoskie

BACKGROUND

Following the running of Race 1, Speight’s Trot, at the meeting of Methven TC held at Mt Harding Racecourse, Methven, on  1 November 2024, Open Driver, Brent John Borcoskie, denied a breach of rule 868(3) in that, as the Driver of TESSAMAE in the race, he “failed to drive his runner out to the end of the race when having a reasonable chance of finishing 1st^”.

The Information was served on Mr Borcoskie on the Raceday and adjourned. Mr Borcoskie had signed the Information “I do not admit a breach of the rule.” It was heard at the meeting of Rangiora HRC on 8 November 2024. Mr Borcoskie confirmed at the hearing that the charge was denied.

Rue 868 provides as follows:

(3)     Every driver shall drive his or horse out to the end of the race if he or she has any reasonable chance of running first, second, third, fourth, or fifth.

The result of the race was as follows:

1st     6   Diamond Harbour

2nd    3   Tessamae

3rd     5   Five Monkeys

4th    9   Silvester

The official margin between 1st and 2nd was a half head.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final 400 metres of the race. He pointed out TESSAMAE, driven by Mr Borcoskie, racing one-out and one-back as the field turned into the final straight. Mr Borcoskie then came to the outside, 3-wide, and ran on to finish in 2nd placing, beaten by a half head, Mr Renault showed.

Mr Renault said that it was the allegation of Stewards that Mr Borcoskie, inside the final 75-100 metres, has failed to drive his horse out to the finish of the race. He pointed out that Mr Borcoskie had showed some vigour in slapping the horse on two occasions with the reins prior to the 100 metres. From that point, Mr Renault submitted, there was no obvious vigour from Mr Borcoskie but, rather, he was sitting motionless in the sulky. The horse was running on strongly, and making good ground, all the way down the straight. He had come from “a margin”, probably 2 lengths, behind the eventual winner, DIAMOND HARBOUR (Gerard O’Reilly), and was beaten by a half head at the finish.

Mr Renault said that Mr Borcoskie had an obligation to drive the horse out to the finish of the race. He did not do so, and the horse had a reasonable chance of winning the race, had he done so. Mr Borcoskie had told Stewards on the Raceday that he thought he had won the race. That would explain Mr Borcoskie not driving the horse out over the final stages, Mr Renault submitted. Mr Renault acknowledged that the horse was not “a perfect trotter”, but had trotted well over the final 100 metres.

Mr Renault then showed a video replay of the final stages of TESSAMAE’s most recent start, prior to the Methven race, at Addington on 25 October, to illustrate how the horse was able to be driven out by Mr Borcoskie to the line, despite running up the track, and not trotting fluently. The horse had displayed better manners in the Methven race, than it had at Addington, Mr Renault said.

Mr Borcoskie had made a serious, and culpable, error of judgement in believing that he had the field covered and had won the race, Mr Renault submitted.

Mr Borcoskie said that the horse is driven without a whip, it lays in on bends, trots rough in the straight, particularly in the last 50 metres and runs out under pressure. He was “hanging on” to her to keep her trotting instead of galloping. He confirmed that he thought that he had the race won and, therefore, did not need to “slap” her. The horse gallops all the time at home under pressure, he said. Asked by the Adjudicative Committee, Mr Borcoskie said that the horse had not previously broken in any of its seven Raceday starts, which Mr Renault confirmed.

Mr Renault asked Mr Borcoskie to confirm that he thought that he had the field covered. He added that he was surprised when he had not won the race. Unfortunately, Mr Borcoskie had simply misjudged and this was a clear breach of the Rule, Mr Renault submitted.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

There are two elements to the Rule to be considered. Firstly, that the Respondent has failed to drive TESSAMAE to the end of the race and, secondly, there must have been a reasonable chance of finishing 1st.

To deal with the first aspect, it was clear to the Adjudicative Committee, from the video replays shown, that the Respondent ceased driving the horse out from about the 100 metres, from which point he sat motionless in the sulky. The Respondent clearly accepted this and nothing he raised in his defence, suggested otherwise. The Adjudicative Committee is satisfied that the Respondent has failed to drive TESSAMAE out to the end of the race.

The Respondent’s defence to the charge was, essentially, that he was unable to carry out his obligation to drive out to the end of the race, because he was concerned that the horse, had he driven it out, would have broken and lost its chance.

It is a clearly established principle that the test is an objective one – that is to say, the situation should be viewed from the standpoint of what a reasonable Driver would have known, thought or done in the same circumstances and not considering the Respondent’s actual belief or intention.

It is difficult to accept the Respondent’s belief, that he was afraid that the horse may have galloped, had he driven it out to the finish of the race. In any event, such belief would not have excused the Respondent of his obligation to drive the horse out. Again, it a well-established principle, held in many previous cases and recently repeated in the decision of the Appeals Tribunal in the recent case of Nairn v RIB, in which the Tribunal stated:

An intention to keep the horse trotting by keeping hold of the horse is insufficient to satisfy the obligations to those persons who had invested on the horse. The obligation is to drive it out to the end of the race where there is a reasonable chance of the horse finishing in a better placing.

Was there a reasonable chance of TESSAMAE finishing in 1st placing? The Adjudicative Committee takes “reasonable chance” to mean “a likelihood, a prospect or expectation, more likely than not” (RIB v Tomlinson December 2023). Looking at the facts of this case, the margin between 1st and 2nd was a half head, and that margin was an ever-diminishing one. The Adjudicative Committee comfortably finds that TESSAMAE had a reasonable chance of winning the race.

The Respondent has made an error of judgement, which may have cost punters on TESSAMAE. The horse was a reasonably well-supported runner, being 5/4 in the order of favouritism in the 10-horse race.

The Adjudicative Committee is comfortably satisfied that the actions of the Respondent, or lack of them, from the 100 metres mark to the finishing line, do not satisfy from an objective perspective, the obligations imposed on a Driver under the Rule (Nairn v RIB).

The charge is found proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Mr Borcoskie has had 19 drives this season and does not have a previous charge under the Rule on his record.

The Penalty Guide is very specific, Mr Renault said – for failing to drive out when a reasonable chance of finishing 1st, a 7-days suspension. Stewards considered that a 7-days suspension would be an appropriate penalty, he said.

Mr Borcoskie said that he would like to drive at the meeting of Ashburton TC on 14 November, and wished any term of suspension to commence after that meeting.

REASONS FOR PENALTY:

This is a clear case of failing to drive out to the finish when having a reasonable chance of running, in this case, 1st. The RIB Harness Racing Penalty Guide (October 2024) is very specific, and leaves little room for a consideration of aggravating or mitigating factors. In the case of a reasonable chance of running 1st, the Penalty Guide provides a penalty of a 7-days suspension.

Accordingly, the penalty is a 7-days suspension.

CONCLUSION:

Mr Borcoskie’s request for a deferment is granted.

Open Driver, Brent Borcoskie, is suspended from after the close of racing on 14 November, up to and including 1 December 2024 – 7 days.