NZ Metro TC 10 October 2025 – R1- Gavin Smith

Information A16963 was filed by Chief Stipendiary Steward, Nigel McIntyre, against Licensed Open Driver, Gavin Smith, alleging a breach of Rule 507(1) in that he “failed to arrive on course on time and broke a driving engagement to drive GRANNY ROSE”.

Mr Smith had signed the Information form “I do not admit a breach of the rule” and he confirmed that at the hearing.

BACKGROUND:

Rule 507 provides as follows:

(1)   No driver shall break an engagement to drive a horse.

EVIDENCE:

Mr McIntyre said that Mr Smith was the notified Driver of GRANNY ROSE, an acceptor for Race 1, Ricoh Trot. The race was programmed to start at 4.44pm.

A Driver is required to be on course 30 minutes prior to a race in which he or she has a drive, Mr McIntyre said. Runners for Race 1 were on the track and Stewards were notified 4 minutes before start time that Mr Smith was not on course. A Driver (Sheree Tomlinson) was found for the horse after some “scrambling around”, Mr McIntyre said, and GRANNY ROSE was able to take her place in the field.

Mr Smith said that he was easily going to make it in time (having left home at 3.45) but was delayed by traffic as a result of a motor accident near the racecourse. He eventually phoned the Trainer, Matt Purvis, to advise that he had been delayed. He did not advise the Stewards, he said.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

Mr Smith presented an explanation to the Adjudicative Committee, but that explanation did not amount to a defence to the charge of breaking a driving engagement. He has clearly broken the engagement by virtue of not having allowed himself sufficient time to travel from his home to the racecourse, and allow for delays, during peak time on a Friday afternoon.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that punters had been let down by Mr Smith not fulfilling his engagement to drive GRANNY ROSE. Fortunately, he said, a late replacement for him was able to found, and GRANNY ROSE was able to take her place in the field, eventually finishing in 3rd place (earning stake money of ($2,375.00)

Mr McIntyre said that Mr Smith has a clear record under the Rule. He referred to the Penalty Guide starting point for a breach of the Rule – a $200 fine. He asked the Adjudicative Committee to consider that it was an aggravating factor that Stewards could have easily been put in a position in which they would have been forced to scratch the horse. As it was, the start of the race was delayed to allow GRANNY ROSE to complete a satisfactory preliminary, Mr McIntyre said.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) suggests a starting point for penalty for a breach of the Rule of a $200 fine. However, in arriving at penalty, the Adjudicative Committee could not overlook the circumstances of the breach. Mr Smith’s explanation for missing the drive was not acceptable. It caused greater disruption to Trainers, connections and Stewards, resulting in some last-minute anxiety for those persons, before a Driver was able to be quickly found for GRANNY ROSE, allowing the mare to compete and earn a good stake for her connections. This amounted to an aggravating factor, warranting an uplift to the starting point. The uplift is set at 25 per cent, or $50.

CONCLUSION:

Open Driver, Gavin Smith, is fined the sum of $250.