Ashburton TC 14 January 2025 – R2 – Robert Anderson

BACKGROUND

Following the running of Race 2, Wattslea Farms Pace, Open Driver, Robert Anderson admitted a breach of Rule 868(3) in that, as the Driver of SMOOTH SCOOB in the race, he “failed to drive his horse out to the end of the race when having a reasonable chance of finishing in 4th place”.

Rule 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    5    Dance Monkey

2nd   6    Royal Belle

3rd    1    Beverley Courtney

4th     4    San Repos

5th    12   Smooth Scoob

The margin between 4th and 5th was a neck.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed video replays of the final 100 metres of the race. He pointed out SMOOTH SCOOB, racing in 4th position, being driven out by Mr Anderson, urging it with the reins until approximately 40 metres from the finishing line, from which point he sat motionless, Mr McIntyre alleged. Mr McIntyre pointed out SAN REPOS (Ricky Alfeld), finishing fast wide out on the track, get up on the line to beat Mr Anderson’s runner by a neck for 4th placing. Mr McIntyre submitted that SMOOTH SCOOB had a reasonable chance of running 4th. Mr Anderson told Stewards, post-race, that he had misjudged the winning post, Mr McIntyre said.

Mr Anderson said that he thought he had reached the finishing line and had finished 4th. He said that his runner was “battling away” and, in his opinion, it made no difference that he had not driven it right out. SAN REPOS had momentum and was finishing too fast, he said. He was aware of a horse finishing on wide out, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Anderson has had 1 drive this season, 40 in the 2024 season, and has a clear record under the rule.

He referred to the Penalty Guide starting point for failing to drive out when a reasonable chance of finishing 4th, a 3-days suspension. That is the appropriate penalty for the breach, Mr McIntyre submitted.

The Respondent said that he wished any term of suspension to commence immediately. He was not driving at the meeting of Marlborough HRC on 17 and 19 January.

REASONS FOR PENALTY:

This is a clear case of failing to drive out to the finish when having a reasonable chance of finishing, in this case, 4th. The RIB Harness Racing Penalty Guide (October 2024) is very specific, and leaves no room for a consideration of aggravating or mitigating factors. In the case of a reasonable chance of running 4th, the Penalty Guide provides a penalty of a 3-days suspension.

Accordingly, the penalty is a 3-days suspension.

CONCLUSION:

Mr Anderson’s Open Driver’s licence is suspended from after the close of racing on 14 January 2025, up to and including 26 January 2025 – 3 days.