Amberley TC 6 February 2025 – R10 – Blair Orange

BACKGROUND:

Following the running of Race 10, Tyre General Amberley Mobile Pace, Open Driver, Blair Orange, as the Driver of LIGHT ME UP in the race, admitted a charge that he “drove carelessly racing into the first bend when failing to concede his position when shifted inwards by DON JUAN (Riley Harrison) resulting in LIGHT ME UP breaking and checking trailing runners”.

Rule 869 provides:

(3)  No driver in any race shall drive:- 

    (b) carelessly

EVIDENCE:

Mr Williams showed the first 200-300 metres of the race, a 1950 metres mobile start race. LIGHT ME UP, driven by Mr Orange, had drawn barrier position 2 on the second row and DON JUAN, driven by Riley Harrison, had drawn the outside of the second row in the 13-horse field. MIDNIGHT BABE (Gavin Smith) had drawn 3 on the second row.

Mr Williams said that Miss Harrison, assisted by Open Driver, John Morrison, had told Stewards that she believed that she was entitled to shift down and that her shift was slow and gradual and there was room for Mr Orange to be shifted down. Stewards were of the view that Mr Orange ought to have conceded his position and his failure to do so, resulted in his own horse breaking.

Mr Orange did not wish to comment. Asked by the Adjudicative Committee, he acknowledged that Miss Harrison was entitled to shift him down and he had failed to concede his position.

DECISION:

The charge having been admitted, it was found proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr Orange is a very busy Driver. He has had 132 drives to date in the current season (commenced 1 January 2025) and, in the 2024 season, he had a total of 1289 drives. He said that Mr Orange has a previous breach of the Careless Driving Rule on his record – fined $300 at Marlborough HRC on 19 January 2025 for careless driving striking a wheel (deemed a mid-level breach), 47 drives ago.

Mr Williams referred to the Penalty Guide starting point for penalty for a second, mid-level breach – a 5-days suspension. He submitted this was a mid-level breach, as Mr Orange caused his own horse to break and interference to Miss Harrison. Stewards believed that a 5-days suspension was an appropriate penalty, Mr Williams said.

Mr Orange submitted that a 5-days suspension for him was a “hefty penalty”. He asked the Adjudicative Committee to consider 2 days and a fine.

Mr Orange had notified drives at Methven on 9 February. Upcoming race dates were then looked at.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) suggests a starting point for penalty for a second breach, mid-level, of a 5-days suspension. The Adjudicative Committee found no grounds for a combined penalty, as per Mr Orange’s request.

In coming to the conclusion that, in this case, a suspension of 4 days is sufficient, the Adjudicative Committee considered a number of factors. Firstly, Mr Orange’s overall excellent record under the Careless Driving Rule.  Secondly, the number of drives that he has had (47) since his most recent breach, only 18 days ago. Thirdly, that the previous breach only involved striking a wheel, usually considered a breach at the lower level of careless driving breaches. Finally, Mr Orange’s very frank admission of the breach.

CONCLUSION:

Mr Orange has notified drives at the meetings of NZ Metropolitan TC on 7 February and Hororata TC on 9 February.

He is suspended from after the close of racing on 9 February up to and including 16 February 2025 – 4 days.