Akaroa TC 3 December 2022 – R6 – Neil Burton

Summary of Facts:

Following the running of Race 6, the Respondent, Driver Neil Burton, admitted a breach of Rule 859(2) namely that REINDEER TROUBLE, driven by Mr Burton, started from an incorrect barrier position.

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.

Rule 859 (2) provides:

(2) No driver shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing, mobile, or moving start), unless directed by the Starter.

Using available video footage, Stipendiary Steward Mr Renault identified REINDEER TROUBLE, who had officially drawn 4 on the second line of the standing start. Mr Renault showed on the video that REINDEER TROUBLE in fact started in the 2 position on the second line, in breach of the Rule.

The Respondent agreed that he had made an error of judgement.

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 was clear of any breaches under this Rule. He stated that Mr Burton had 32 drives so far this season and 69 drives last season.

Mr Renault stated that the Penalty Guide provided a starting point of an 8-drive suspension or a $400 fine for a breach of this Rule. He stated that there were no aggravating factors to consider and submitted a fine of $400 be considered.

The Respondent submitted that he would prefer a fine to any suspension but thought that a $400 fine was excessive.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of;

• 8 drive suspension or $400 fine.
• After taking into account the submissions of both the Applicant and Respondent; noting the race film the Adjudicative Committee assessed the breach as low level.
• The Respondent was given credit for his good record and admission of the breach, resulting in a combined discount of $100 from the starting point.

After evaluating all of the factors, the Adjudicative Committee determined a $300 to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent was fined the sum of $300.