Forbury Park TC 8 December 2024 – R10 – Daniel Anderson

An Information was filed by Mr Munro against Junior Driver, Mr D Anderson, alleging a breach of r 868(2) in that he failed to take all reasonable and permissible measures in Race 10 when electing to shift outwards prior to reaching the passing lane, which resulted in his runner being held up.

Rule 868(2) reads:

(2) Every Driver shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.

Evidence

Mr Anderson had the assistance of Mr N Williamson, and he confirmed to the Adjudicative Committee that the breach was admitted and that he understood the charge and the Rule.

Miss Haley showed the films of the final stages of the race. She pointed out that BOBBIES ROCK was trailing the leader GLENGARRY MOONLIGHT exiting the final bend and as the field approached the passing lane. She stated that Mr Anderson shifted outwards just before the passing lane and was held up. She said Mr Anderson was racing behind a weakening runner, but the run was there in the passing lane for BOBBIES ROCK, in just a few more strides.

Mr Munro added that Mr Larsen (FALCONS WATCH) had taken the run in the passing lane that would have been Mr Anderson’s and he had gone on to win the race. BOBBIES ROCK was held up for 150 metres, before obtaining clear room at the 100 metres and the horse had battled away from that point. He stated that BOBBIES ROCK was a favoured runner.

Mr Anderson said the horse in front (GLENGARRY MOONLIGHT) was coming back “big time”. He thought if he could get off and shift out, there would be a run inside the horse to his outside (SINAI SERMON). He accepted he had made a misjudgement and that there was a free run to his inside in the passing lane. At the time, he was concerned that the horses on the outside of the track had momentum and were getting a run and that was why he had shifted out.

Mr Williamson said the horse to Mr Anderson’s outside, had appeared to be going well and Mr Anderson had thought he would get a run.  It was unfortunate that he had not, but SINAI SERMON had peaked on its run. However, there was a free run to Mr Anderson’s inside. It was inexperience. Mr Anderson only had to be patient for 3 more strides and take the passing lane.

Decision

As Mr Anderson has admitted this breach of the Rules, it is found to be proved.

Submissions on Penalty

Mr Munro produced Mr Anderson’s record. He has had 272 lifetime drives, 85 last season and 107 this season. It is excellent with no breaches. He described Mr Anderson as an inexperienced Driver, who was unfamiliar with the track. The Penalty Guide starting point is 7 days and he said the penalty would be a harsh lesson for Mr Anderson. Mr Munro believed personal mitigating factors had to be considered.

Mr Williamson said Mr Anderson had pulled the wrong rein at the wrong time. A 7-day suspension would be lengthy. Mr Anderson said he was embarrassed by his error and was not seeking a deferment of any suspension.

Reasons for Penalty

Mr Anderson has admitted that he made an error of judgement with his drive on BOBBIES ROCK, by failing to wait for a run in the passing lane. In so doing, he has failed to adopt all reasonable and permissible measures to ensure his horse had every opportunity to finish in the best possible position. By shifting out and into traffic, he was denied a run for some 150 metres, when had he waited only a few strides, the run in the passing lane was there for him to take, as Mr Larsen so cruelly demonstrated.

The RIB Penalty Guide provides a starting point of a 7-day suspension for a first breach of this Rule. Although BOBBIES ROCK was a favoured runner, the breach is towards the lower end of the range, and the penalty should reflect this. Mr Anderson is inexperienced. He is a Junior Driver with an excellent record, who has admitted the breach at the first opportunity. He is clearly very remorseful and is embarrassed by his error. A 2-day reduction from the starting point is appropriate in these circumstances.

Conclusion

Mr Anderson is suspended from the conclusion of racing today, 8 December 2024, up to and including 4 January 2025. This is 5 Otago/Southland days.