Amberley TC 6 February 2024 – R9 – Robbie Close

Summary of Facts:

Following the running of Race 9, the Respondent, Open Driver Robbie Close admitted a breach of Rule 869(3)(b); namely that when driving KISS THE GIRLS, he drove carelessly near the 75m, when shifting outwards, crowding outside runners DASHING MAJOR, BUCKSKIN, MIGHTY LOOEE and GET UP N DANCE.

The Respondent, Mr Close, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule, his admission of the breach and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward, Paul Williams, identified the horses involved in the incident namely, KISS THE GIRLS, driven by Mr Close, racing 3 back on the pylons with DASHING MAJOR, driven by Tim Williams, BUCKSKIN, driven by Sarah O’Reilly, MIGHTY LOOEE, driven by Korbyn Newman and GET UP N DANCE, driven by Bob Butt, all racing to the outside of Mr Close. Mr Williams showed on the replays that near the 75m, Mr Close shifted outwards, when not clear of DASHING MAJOR, who was forced wider on the track, crowding the outside runners and as a result, GET UP N DANCE was forced out of its rightful line.

Mr Close elected to make no submissions in regard to the incident.

The Decision:

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

Submissions for Penalty:

Mr Williams produced the Respondent’s record, which indicated a previous breach at Westport on 28 December 2023, where Mr Close received a 3 day suspension for careless driving. He added that Mr Close had driven on 92 occasions since that previous breach.

Mr Williams stated that the Penalty Guide provided a starting point of a 4 day suspension for a second breach of this Rule. He submitted that the carelessness was low, with the consequences being mid range.

The Respondent elected to make no submissions on penalty, apart from requesting a deferment of penalty until after racing at Addington on 9 February 2024.

Reasons for Penalty:

The Penalty Guide provides a starting point of a 4-day suspension for a mid range, 2nd breach of this Rule, within a 6-month period.

This Adjudicative Committee determined that the carelessness was low level and accordingly, adopted a 3 day starting point for this breach.

There were, however, aggravating factors to consider, those being the consequences to the outside runners who were affected by Mr Close’s actions. This aggravating factor warranted an uplift, which was set at 1 day.

In mitigation, Mr Close’s admission of the breach warrants a discount, which was set at 1 day.

The Adjudicative Committee therefore determined a 3-day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

Mr Close’s application for a deferment until after racing on 9 February 2024 at Addington, is granted.

The Respondent, Mr Close was suspended from the conclusion of racing on 9 February 2024, up to and including 17 February 2024. Relevant meetings encompassed in this period of suspension are: Methven – 11 February, Addington – 16 February and Rangiora – 17 February 2024.