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Invercargill HRC 1 July 2022 – R4 – Phillip Devery

ID: RIB9883

Respondent(s):
Phillip Devery - Driver

Applicant:
Mr V Munro - Stipendiary Steward

Adjudicators:
Mr N Skelt

Persons Present:
Mr V Munro - Stipendiary Steward, Miss R Haley - Stipendiary Steward, Mr S Renault - Stipendiary Steward (Remote), Mr P Devery (Driver Three Aces)

Information Number:
A13865

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement - Careless Driving

Plea:
Admitted

Stewards Report

Results

Animal Name:
Three Aces

Code:
Harness

Race Date:
01/07/2022

Race Club:
Invercargill Harness Racing Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R4

Hearing Date:
01/07/2022

Hearing Location:
Ascot Park Raceway Invercargill

Outcome: Proved

Penalty: Driver Phillip Devery was fined the sum of $250

BACKGROUND

After the running of Race 4 The Peninsula Beachfront Resort Mobile Pace 2200m, Information A13865 was lodged by Stipendiary Steward Mr Vinny Munro under Rule 869(3)(b) careless driving alleging that Phillip Devery (THREE ACES) contacted the wheel of SPIRIT OF ARION (M Williamson) passing the 1250 metres causing the tyre to deflate.

Mr Devery was present at the hearing and admitted the breach and confirmed he understood the Rule.

Rule 869(3)(b) reads :-

No driver shall drive carelessly.

Mr Munro asked Stipendiary Steward Miss Rebecca Haley to highlight the incident using the appropriate video clips.

Miss Haley pointed out THREE ACES driven by Mr Devery, when passing the 1250m mark contacted the wheel of SPIRIT OF ARION (M Williamson) causing the tyre to deflate.

Mr Devery said he had made an error of judgement in this instance.

DECISION

As the breach is admitted the charge is deemed proved.

PENALTY SUBMISSIONS

Mr Munro stated that Mr Devery was back driving after a layoff. He has had 260 lifetime drives, 4 drives this season.

Mr Munro confirmed Mr Devery has had no previous breaches with very limited drives this season .

Mr Munro stated that the HRNZ Penalty Guide recommends a penalty of a $300 fine or a 6 drive suspension for a breach of this type. Mr Munro added that a figure of $250 may be appropriate given the penalties in recent times.

Mr Devery had no submissions on penalty.

REASONS FOR PENALTY

The video clips of the incident were very clear and confirm no other horse or Driver contributed to the incident.

Mr Devery in this case has made a simple error of judgement.

CONCLUSION

The Adjudicative Committee has a starting point of a $300 fine with a discount of $50 for the admittance of the breach with a fine of $250 being deemed appropriate.

Decision Date: 01/07/2022

Publish Date: 05/07/2022