Ashburton TC 14 January 2025 – R1 – Devon Dolan

BACKGROUND:

Following the running of Race 1, Cinderella’s Jandals Fillies & Mares Mobile Pace, Licensed Junior Driver, Devon Dolan, admitted a charge that, as the Driver of DISNEY DENARIO in the race, she “drove carelessly racing into the first bend by allowing her runner to strike the sulky wheel of TWO JULES (Robert Anderson) which punctured”.

Mrs Dolan, a Junior Driver, waived the right to be assisted at the hearing by a Senior Driver. She had endorsed the Information form “I do admit a breach of the rule” and she confirmed this at the commencement of the hearing.

Rule 869 provides as follows:

(3)  No driver in any race shall drive:

      (b)  carelessly.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the early stages of the race. He pointed out DISNEY DENARIO, driven by Mrs Dolan, which had drawn barrier position 2 on the second row of the 1700 metres mobile start race behind TWO JULES (Robert Anderson), which had drawn 2 on the front row.

Mr Renault said that, racing into the first bend, Mrs Dolan was attempting to maintain her position one-off. He showed on video replays that, as Mr Anderson moved slightly down the track, Mrs Dolan shifted out slightly and contact was made by her runner’s off-front foot to the tyre of the inside sulky wheel of Mr Anderson’s runner, which punctured. He then showed, on a replay of the run home, that the tyre had come completely off the rim of the wheel.

Mrs Dolan went on to win the race. She had made a simple error of judgement in attempting to hold her position in the one-out line, Mr Renault submitted.

Mrs Dolan confirmed that she had been looking to hold her position and, in doing so, when Mr Anderson has shifted down, she had not allowed sufficient room.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mrs Dolan has a clear record under the Careless Driving Rule.  He referred to the Penalty Guide starting point for a first breach of careless driving striking a wheel, a $300 fine. He submitted that, in all of the circumstances, that was an appropriate penalty for the breach.

REASONS FOR PENALTY:

The Adjudicative Committee noted that Mrs Dolan has had 2 drives in the new season and, in the 2024 season just concluded, she had a total of 74 drives.

The Adjudicative Committee noted the provisions of the RIB Harness Racing Penalty Guide. The starting point is a fine of $300. The Penalty Guide provides that the consequences of striking a wheel go to penalty. It is difficult in this case, to assess the consequences to Mr Anderson’s runner, although its chances were likely to have been affected to some degree. It finished 9th of 12, almost 7 lengths from the winner.

Mitigating factors are Mrs Dolan’s very frank admission of the breach and her good record. In addition, the Adjudicative Committee noted Mrs Dolan is a Junior Driver. For those factors, the Adjudicative Committee gives a discount of $50 from the starting point.

CONCLUSION:

Licensed Junior Driver, Devon Dolan, is fined the sum of $250.