Ashburton TC 26 October 2026 – R5 – Gavin Smith

Following the running of Race 5, Neumanns Tyres Vipal Hambletonian Mobile Trot (Group 3), Open Driver, Gavin Smith, as the Driver of WHO’S YA DADDY in the race, admitted a charge that he “drove carelessly at the 250 metres by shifting ground outwards, contacting the sulky wheel of PETITE AMOUR (John Dunn), causing [his] horse to break and lose its chance”.

Rule 869 provides:

(3)  No driver in any race shall drive:- 

(b) carelessly

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed the available video replays of the incident, shortly after the field had turned for home. He pointed out WHO’S YA DADDY, driven by Mr Smith, racing three places back on the markers following PETITE AMOUR, driven by Mr Dunn. He then showed that, approaching the 200 metres, Mr Smith shifted away from the marker line across the back of Mr Dunn and, in doing so, his runner contacted the sulky wheel of Mr Dunn’s runner. Mr Smith’s runner went into a break and lost all chance. The contact was clear from the back straight video replay.

Mr Dunn confirmed to Stewards, post-race, that there had been contact with his sulky wheel, Mr McIntyre said.

Mr Smith said that he was not entirely sure that he had hit the wheel. He added that his runner has a “bizarrely long action”. When he turned into the straight, the horse in front looked as though it was going to come out so he went in, and then changed ground outwards.

DECISION:

The charge having been admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Smith has had 138 drives this season. He has a previous careless driving breach on his record – at Akaroa TC at Methven on 11 October, low-level, fined $300. Stewards considered this breach to be in the mid-range, he said. Mr McIntyre referred to the Penalty Guide starting point of a 5-days suspension. A term of suspension of 4 days would be appropriate, he submitted.

After a consideration of upcoming meetings, Mr Smith opted for any suspension to commence immediately. Mr Smith said that, although he had not driven in Southland for “a long, long time”, he was contemplating taking “two or three” horses to the meeting of Winton HRC on 30 October and, in particular, one for a race over 1609 metres for Junior Drivers. Had he gone there, he would have taken another horse or horses that he would have driven himself, he said.

REASONS FOR PENALTY:

The breach was no worse than a mid-range breach. Mr Smith, after initially looking for an inside run, has eased his runner out across the back of PETITE AMOUR, and has made a misjudgement in doing so in contacting the sulky wheel of that runner, resulting in his runner breaking.

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for a second, mid-level breach of hitting a wheel in a Group 3 Race of a 5-days suspension. The Adjudicative Committee is prepared to accede to Mr McIntyre’s submission for a 4-days suspension.

However, in determining the meetings to be included in that period of 4 days, the Adjudicative Committee noted that nominations for the Winton meeting on 30 October had already closed, and Mr Smith was not able to say that he had nominated any runner or runners for that meeting. Accordingly, that meeting was excluded from the calculation of the period of 4-days suspension, the days of which are to be Kaikoura TC on 1 and 2 November, Oamaru HRC on 5 November and NZ Metropolitan TC on 6 November.

CONCLUSION:

The Respondent, Open Driver, Gavin Smith, is suspended from after the close of racing on 26 October 2026, up to and including 6 November 2026 – 4 days.