NZ Metro TC 10 May 2022 – R4 – Korbyn Newman

Summary of Facts:

Following the running of Race 5, Respondent Korbyn Newman, admitted a breach of Rule 869 (3)(b); namely that he drove carelessly when hitting the wheel of YANKEE JAY near the 500m.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge. The Respondent was supported at the hearing by Mr John Dunn – Senior Driver

Rule 869 (3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage Stipendiary Steward Mr Renault identified the horses involved in the incident namely, CHEEKYGRIN 3 back on the inner, driven by Mr Newman, and YANKEE JAY in the trail, driven by Johnny Cox.   He said that approaching the 500 metres the leader of the race APACHE WARRIOR tired quickly and as Mr Cox and Mr Newman shifted away from the pylons Mr Newman made an error of judgment and struck Mr Cox’s wheel. Mr Renault said the tyre deflated and later came off the rim of the wheel.

In explanation, the Respondent stated his horse was full of running and Mr Dunn commented the leader stopped so quickly it would have been a difficult situation for Mr Newman.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record which indicated a clear record.  The Respondent has had 101 drives in the current season and 415 in the previous season. He said the aggravating feature was YANKEE JAY’s chances were extinguished and in mitigation said that the Respondent freely admitted the breach and combined with his excellent driving record and status as a Junior Driver should be afforded credit.

Mr Renault added that Stewards assessed the breach as mid-range and therefore a fine of $300 would be an appropriate penalty.

The Respondent submitted he would prefer a suspension rather than a fine and asked if he could start any suspension immediately.

Mr Renault said if a suspension was to be imposed the Stewards regard a 2-day suspension as appropriate for Mr Newman.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of:

• Driver hits wheel – 6 drives or $300

After taking into account the submissions of both the Applicant and Respondent, noting the race film and the resultant impact on the affected runner, the Adjudicative Committee assessed the breach as medium and adopted a 3- day suspension as the starting point.

The Respondent was given credit for his good record, admission of the breach, and his status as a Junior Driver resulting in a 1-day reduction from the starting point.

After evaluating all of the factors the Adjudicative Committee determined a 2-day suspension to be an appropriate penalty in the circumstances in this case.

CONCLUSION:

Mr Newman’s licence is suspended from driving after racing tonight 10 May 2022 up to and including racing at Ashburton on 15 May 2022.