Marlborough HRC 19 January 2025 – R12 (heard 24 January 2025 at Addington) – Carter Dalgety

EVIDENCE:

Following the running of Race 12, Stipendiary Steward Mr Matt Sole presented an Information alleging a breach of Rule 869(3)(b) by Junior Driver Mr Carter Dalgety.

The Information was adjourned sine die and heard this day at the NZMTC Meeting at Addington Raceway.

Mr Dalgety stated he was conversant with the Rule, the Charge and confirmed he did not admit the breach.

Mr Dalgety was assisted at the hearing by Open Driver Mr Blair Orange.

Mr Sole played the race video to identify Mr Dalgety (BULLIT TRAIN) racing 3 back on the pylons entering the final straight. Mr Sole said as the field approached the 250m, Mr Dalgety had RACEY KRUSA (A Lethaby), GINAS MAJESTY (I Cameron) and BLINK N BONES (B Ford) to his outside. He showed Mr Dalgety shift his horse outwards and his sulky wheel contact RACEY KRUSA’S near side foreleg, deflating  Mr Dalgety’s tyre. Mr Sole said Mrs Lethaby was maintaining her position and as the aforementioned horses were in line, there was no room to avoid the shift from Mr Dalgety.

Mr Orange said there were significant mitigating factors which were:

1: RACEY KRUSA was a beaten runner and did not gallop in the incident.

2: RACEY KRUSA was hanging inwards and angling down on BULLIT TRAIN when contact was made.

3: Mr Dalgety’s movement was gradual, and he was clear when he shifted.

4: Mr Cameron and Mr Ford received no interference in the incident.

5: BULLIT TRAIN won the race despite the tyre deflating.

Mr Dalgety said there was no domino effect when he shifted. He said it got tight, but the consequences were very low, and he said it took until he got back to the stables before his tyre lost all its air.

Mr Sole summed up by reiterating Mr Dalgety was not clear when shifting his horse outwards, resulting in contact with RACEY KRUSA and having his own tyre deflate.

REASONS FOR DECISION:

The video evidence was overwhelming and clearly showed Mr Dalgety misjudged his shift outwards. The Adjudicative Committee is of the opinion Mrs Lethaby has not shifted inwards and Mr Dalgety’s movement was not gradual and certainly not clear. At the end of the day, it is the obligation of the Driver shifting ground, to do so with care. Mr Dalgety has contacted RACEY KRUSA, his tyre has deflated, and he is guilty as charged.

DECISION:

The Charge was found to be proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said Mr Dalgety has had 933 lifetime drives, 46 this season, and has a clear record. He said the consequences are low in this case and he would leave it to the Adjudicative Committee to arrive at an appropriate Penalty.

Mr Orange and Mr Dalgety made no submissions on penalty.

REASONS FOR PENALTY:

The Penalty Guidelines provide a $300 fine starting point for a first, low level breach of the Rule.

There are no aggravating factors here to consider. Mr Dalgety has chosen to defend the charge, as is his right, so there can obviously be no discount for his admission, however, Mr Dalgety’s record and his status as a Junior Driver, plus the low consequence of the breach, commands a discount from the starting point.

CONCLUSION:

Junior Driver Carter Dalgety is fined $250.