Waikato BOP H 20 November 2025 – R6 – Emily Johnson

Summary of Facts:

Following the running of Race 6, the Respondent Ms E Johnson admitted a breach of Rule 869(3)(b); namely that she drove carelessly when contacting and puncturing the tyre of TRIFOLIUM (T Mitchell) near the 600 metre point.

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 back straight video footage, Stipendiary Steward Mr C Lomey identified the horses involved in the incident, SO MYSTIFYING, driven by Ms Johnson which was following TRIFOLIUM, driven by Mr T Mitchell.   He said that Ms Johnson came out, but her horse was not clear of Mr Mitchell’s horse and struck his wheel, puncturing the tyre as she came across.

Ms Johnson said she had misjudged her move.

Decision:

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

Submissions for Penalty:

The Stewards considered that the breach was in the low range. While this was Ms Johnson’s second breach in the past 6 months, she was a busy Driver, with 229 drives this year.

Mr Mulcay noted that while the Penalty Guide provides as a starting point for a penalty in these circumstances of a 3 day suspension, Ms Johnson was a Junior Driver and has a very good record.

Ms Johnson said she would wish to apply for a deferment as she was driving in the New Zealand Junior Driving Championships in the next week. These concluded at Methven on Sunday 30 November 2025. She asked the Adjudicative Committee to take into account her good record and the fact she was a Junior Driver.

Reasons for Penalty:

The Penalty Guide provides a starting point of a 3 day suspension for a second offence low-level breach. 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.

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 low-range. In terms of penalty, after evaluating all the circumstances namely: that Ms Johnson is a Junior Driver, she admitted the charge and has a good record, the Adjudicative Committee determined a reduction of 1 day from the starting point of 3 days was appropriate. Therefore, a suspension of 2 days is applied.

The request for a deferment is granted. The penalty will therefore commence after the conclusion of racing on Sunday 30 November 2025 and conclude after racing on Friday 5 December 2025 (2 race days), encompassing the Waikato Harness meeting on 4 December 2025 and the Auckland Trotting Club meeting on 5 December 2025.

Conclusion:

The Respondent’s Licence is suspended for 2 days, from 1 to 5 December 2025 inclusive (the Waikato Harness meeting on 4 December 2025 and the Auckland Trotting Club meeting on 5 December 2025).