Auckland TC 24 October 2025 – R5 – Emily Johnson

Summary of Facts:

Following the running of Race 5, the Respondent Ms E Johnson admitted a breach of Rule 869(3)(b); namely that she drove carelessly entering the first turn, when she shifted in when insufficiently clear of TWO JULES (H Orange), resulting in that horse breaking and losing ground.

The Respondent, supported by Mr M White, endorsed the Information and confirmed she understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive:

(b) carelessly; (Allowing runner to improve onto a wheel.  Shifting ground.  Easing the pace)

Using available video footage (side, front and back straight), Chief Stipendiary Steward Mr N McIntyre identified the horses involved in the incident, WORDS, driven by Ms Johnson and TWO JULES, driven by Mr H Orange.   He said that Ms Johnson drove forward after the start, but her horse was not clear of Mr Orange’s horse when she came across. Mr Orange was against the horse inside him, so could not move in and was unable to ease back.  His horse struck the wheel of WORDS, broke and lost ground, hampering trailing runners.

Mr White noted that there were some contributing factors; Ms Johnson’s horse WORDS would not go on despite her urging and this contributed to the incident.

Decision:

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

Submissions for Penalty:

Chief Stipendiary Steward Mr McIntyre, considered that the breach was in the mid-range, due to the interference and the consequences for TWO JULES, which broke and lost ground and other horses were also inconvenienced. He produced Ms Johnson’s record, which was 202 drives for this season with no penalties under this Rule within the reset period.

Mr McIntyre noted that while the Penalty Guide provides for a penalty of a $500 fine or a 3 day suspension, in the case of Junior Drivers, there can be a reduction in the penalty for mitigating circumstances and taking into account their lack of experience. The Stewards left any decision on this to the Adjudicative Committee.

Mr White, on behalf of Ms Johnson, asked the Adjudicative Committee to take into account her good record and the fact she was a Junior Driver.

Ms Johnson said she would prefer a fine to a suspension.

Reasons for Penalty:

The Penalty Guide provides a starting point of a $500 fine or 2 day suspension for a mid-level breach. There can be a reduction in penalty for a Junior Driver, taking into account any mitigating circumstances and their lack of experience.

After considering the submissions of both the Applicant and Respondent and noting the race film, the Adjudicative Committee assessed the breach as being in the mid-range, due to the consequences for TWO JULES, who broke and lost ground and the fact that trailing runners were also hampered.

In terms of penalty, after evaluating all the circumstances namely: that Ms Johnson is a Junior Driver and has a clear record within the reset period, the Adjudicative Committee determined a reduction of 20% would be appropriate. Therefore, a fine of $400 was applied in this case.

Conclusion:

The Respondent is fined $400.