Akaroa TC 11 October 2026 – R1 – Gavin Smith

BACKGROUND

Following the running of Race 1, Mr Smith denied he drove carelessly when, as the Driver of POSEIDON, he drove carelessly racing into the first bend by shifting inwards when insufficiently clear of QUEEN LIZZY (A Butt) which had to be heavily restrained. Mr Smith confirmed he understood the Rule, the nature of the charge and that he denied the breach.

EVIDENCE

Mr Renault used the side-on replay to highlight Mr Smith (POSEIDON), which was drawn 6 racing into the first bend shortly after the start, with Mr Butt (QUEEN LIZZY), which had drawn 5 racing to the inside of Mr Smith. Mr Renault said as both Drivers were coming across to get closer to the pylons, Mr Smith attempted to cross over in front of Mr Butt, but was not sufficiently clear of him, which resulted in Mr Butt having to heavily restrain his horse. He said both Drivers were urging their horses forward and Mr Butt could be seen to be calling out to Mr Smith, who was not fully clear of him.  He added, had Mr Butt not heavily restrained his horse, it was likely QUEEN LIZZY’s front legs would have contacted Mr Smith’s sulky wheel. Mr Renault also used the replay to show just prior to Mr Butt having to restrain QUEEN LIZZY, the front legs of his horse were inside the sulky of Mr Smith, which resulted in the need to restrain his horse.

When questioned by Mr Renault, Mr Butt said he was keen to lead, but felt Mr Smith was going better than him as they both approached the first bend and as Mr Smith came across, he had to take hold for a stride. He said he had tried to hold Mr Smith out for as long as he could, but Mr Smith had more momentum and crossed in front of him. Mr Butt described it as good competitive driving by both Drivers.  He added, his horse did slightly shift when he took hold. Mr Butt said he was yelling out to Mr Smith, to try and bluff him out of coming across, to try and ensure he could carry on and assume the lead. When asked by Mr Renault, if he felt his legs were inside Mr Smith’s wheel, he said from viewing the replay, it was very close. When asked if he felt he would have contacted Mr Smith had he not had to restrain, he said he would have been able to avoid any contact, by not continuing to drive forward.

Mr Smith had no questions of Mr Butt.  To a question from the Adjudicative Committee, as to whether he thought he had to heavily restrain his horse, Mr Butt said he did not. Mr Renault in commenting, said the reference in the charge described on the Information to Mr Smith being insufficiently clear, was the main reason for the charge being being laid.

Mr Smith said the replay of the incident showed he looked 2 or 3 times to make sure he was clear, as he was shifting across and he had waited until he was clear of Mr Butt’s wheel. As he moved in, it had taken longer than he anticipated, but he would never had moved in, if he thought Mr Butt’s horse’s legs were inside his sulky wheel. He said he believed when Mr Butt restrained his horse, he was clear of him. To a question from the Adjudicative Committee, Mr Smith said he was positive he was clear of Mr Butt when he commenced to shift in, but acknowledged the replay showed it was closer than he thought at the time.

In summing up, Mr Renault said as the horses raced into the first bend, Mr Butt was always on the inside of Mr Smith. Mr Butt was yelling out to Mr Smith and he was forced to restrain, as his front legs were inside the sulky of Mr Smith, when Mr Smith came across him. He added, had Mr Butt not restrained, contact would have been made.

In response, Mr Smith reiterated he did not believe contact would have occurred, as he believed he was clear of Mr Butt when he restrained his horse.

REASONS FOR DECISION

The replay of the incident shows Mr Smith and Mr Butt urging their horses approaching the first bend, from their wide barrier draws. Mr Smith believed he was fully clear of Mr Butt at all times but did say, when coming across, he did not progress as quickly as expected.  The Adjudicative Committee agrees with Mr Renault, that Mr Butt has restrained his horse, but the restraint was minimal and in no way can his actions be described as having to heavily restrain, a point made by Mr Butt in his evidence. The Adjudicative Committee notes the replay shows when Mr Butt did restrain, the front legs of his horse were just inside Mr Smith’s sulky and thus, Mr Smith was not sufficiently clear of Mr Butt and therefore drove carelessly when attempting to cross over in front of him.

DECISION

The charge is found proved.

PENALTY SUBMISSIONS

Mr Sole (on behalf of Mr Renault) said Mr Smith has had 125 drives this season and 184 in 2025 and has a clear record in relation to the Rule. He said the Stewards viewed the incident as a low-level breach, given the interference was minor and the consequential impact on Mr Butt’s horse was minimal, with Mr Butt being able to progress to the parked position soon after. The Adjudicative Committee also notes Mr Butt finished 2nd in the race. The Penalty Guide for a low-level breach of the Rule is a $300 fine or 2 day suspension and Mr Sole said either was an appropriate penalty on this occasion.

Mr Smith indicated he would prefer a fine.

REASONS FOR PENALTY

The Adjudicative Committee finds the severity of the breach of Rule to be low-level. Having considered all the evidence presented, the Adjudicative Committee finds there are no exceptional circumstances to justify a penalty different from the starting point penalty.

CONCLUSION

Mr Smith is fined $300.