Auckland TC 20 December 2024 – R8 – Derek Balle

Summary of Facts:

Following the running of Race 8, an Information was filed by the Chief Stipendiary Steward Mr McIntyre alleging the Respondent Mr D Balle breached Rule 869(4)(6)(b)(c) as the Driver of DREAM OF YOU, he shifted outwards near the 1050 metres, forcing ALL CASHED UP (G Sugars) wider on the track. 

The ‘Pushout Rule’ (r869) provides that (6) Subject to sub-rule (4) hereof:

(a) Drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement during any race shall not be forced to race wider on the track; (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

Mr McIntyre used the available race films to demonstrate the breach.  He identified DREAM OF YOU driven by Mr Balle, who was racing on the fence near the rear of the field.  Initially, he tried to shift out onto the back of IRON LOVE (C Hackett), but could not do so. Shortly after, nearing the 1050 metres, ALL CASHED UP (G Sugars) moved on to the outer of DREAM OF YOU and Mr Balle then shifted DREAM OF YOU away from the fence, and in doing so, forced ALL CASHED UP INTO wider on the track, into a three-wide position. Thus, in breach of the Pushout Rule.

In response, Mr Balle said that he shifted out 50 metres too soon.

Decision:

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

Submissions for Penalty:

Mr McIntyre said that Mr Balle has a clear record under the ‘Pushout’ Rule and the Penalty Guide, for a first breach in a Group Race, provides for a $400 fine or 2-day suspension. He added that the breach occurred close to the 1000 metre mark.

Mr Balle had said that ALL CASHED UP finished in last place, implying that the breach had no adverse effect on that horse. He suggested that a fine between $50 and $200 would be sufficient.

Reasons for Penalty:

The race carried a stake of $100,000.  The Penalty Guide provides that where the term Group 1 is used it also includes race with a stake of $100,000 or more.  Accordingly, the Penalty Guide establishes a $400 fine or 2-day suspension as the starting point.  There are  no mitigating or aggravating factors to consider.  Therefore, after evaluating the evidence, the submissions and taking into account the status of the race, the Adjudicative Committee determined the breach could appropriately be dealt with by way of a $400 fine.

Conclusion:

The Respondent Mr Balle, is fined $400.