Marlborough HRC 19 January 2025 – R8 – Blair Orange

Summary of Facts:

Following the running of Race 8, the Respondent Open Driver Blair Orange admitted a breach of Rule 869(3)(b); namely that when driving NELLIE DOYLE, he drove carelessly near the 300m when contacting the wheel of MM SUNSHINE, resulting in his runner breaking and losing ground.

The Respondent, Mr Orange, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule his admission of the breach and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward, Matthew Sole, identified the horses involved in the incident namely, NELLIE DOYLE, driven by Mr Orange, racing on the pylons in the trail of the leader, MM SUNSHINE driven by Robbie Holmes. Mr Sole demonstrated on the replays that near the 300m, Mr Orange shifted off the pylons to improve to the outside of MM SUNSHINE and in doing so, his horse’s foreleg struck the sulky wheel of MM SUNSHINE, which was reported to have deflated over the concluding stages. Mr Sole stated that as a consequence, NELLIE DOYLE broke for several strides, before regaining its gait and running on for 5th placing.

Mr Orange elected to make no submissions in regard to the incident, apart from concurring that his drive had struck the wheel of MM SUNSHINE.

 Decision:

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

Submissions for Penalty:

Mr Sole produced the Respondent’s record, which indicated a clear record in all respects.

He stated that the breach was mid range, considering the consequences to Mr Orange’s drive, NELLIE DOYLE, who broke for several strides, but when regaining it’s gait, ran on for fifth.

In mitigation, Mr Sole said that the Respondent freely admitted the breach and combined with his excellent record, submitted that a fine of $300 as per the Penalty Guide, be considered as penalty.

Mr Orange submitted that a $250 fine be considered as penalty in this case.

 Reasons for Penalty:

The Penalty Guide provides a starting point of a $300 fine for a 1st offence, striking a wheel for a mid range breach of this Rule, with consequences to be taken into consideration.

This Adjudicative Committee also determined that the breach was mid-range and accordingly, adopted the $300 starting point.

After evaluating all of the factors, including the consequences to NELLIE DOYLE, balanced against the excellent record of Mr Orange, the Adjudicative Committee determined a $300 fine to be an appropriate penalty in the circumstances of this case.

Conclusion:

Mr Orange is fined the sum of $300.