Amberley TC 6 February 2025 – R9 – Barry Ford

BACKGROUND:

Following the running of Race 9, Valley Inn Handicap Trot, Licensed Graduation Driver, Barry Ford, denied a charge that, as the Driver of BLINK N BONES in the race, he “failed to take his runner clear of the field at the earliest opportunity, resulting in numerous trailing runners being checked to varying degrees”.

Rule 870 provides as follows:

• When any horse breaks from its gait in any race its driver shall immediately take all reasonable steps to return it to its proper gait and where clearance exists immediately take such horse clear of the field.

          The following shall be a breach of sub-rule hereof:

• failure to take the horse clear of the field.

EVIDENCE:

Stipendiary Steward, Paul Williams, had Stipendiary Steward, Shane Renault, show the available video replays of the incident, approximately 400 metres after the start of the 2600 metres standing start race. Mr Renault pointed out TAKE AFTER ME, clear in the lead ahead of BLINK N BONES, driven by Mr Ford, racing 2nd with RACHMANINOV racing to its outside.

Mr Renault then pointed out BLINK N BONES, racing into the first bend, break from its gait, being passed by RACHMANINOV. He alleged that Mr Ford should have shifted his runner to the outside of the track to ensure that it did not interfere with following runners. Instead, he elected to remain on the inside, with his horse’s head turned inwards, before commencing to shift to the outside and move wider on the track, Mr Renault said. The delay resulted in PARIS PRINCE (Sam Thornley) being hampered, having to check to the inside and breaking. SODS LAW (James Geddes) was also hampered, causing interference to ROYAL DEL (Blair Orange) which broke and, in turn, hampered BULLIT TRAIN (Sam Ottley). By electing to remain in position, Mr Ford had caused doubt in the Drivers of the trailing runners, Mr Renault alleged. Mr Ford’s obligation was to immediately shift his runner wider, and there was opportunity to do so, he said. BLINK N BONES settled back into its correct gait in 3rd position.

Mr Ford said that he had taken a hold of his horse when it broke and let RACHMANINOV go. He said that PARIS PRINCE had galloped after he had shifted, out and was “nowhere near” his runner. His own runner had settled back into its gait and come down in 3rd place, he said. He added that he believed that he could not have shifted out any quicker. The horse was back in its gait before he took it clear, he said.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The requirements of the Rule are that a Driver must immediately take all reasonable steps to take a galloping runner clear of the field, where clearance exists. The Adjudicative Committee finds that ample clearance existed in this case for Mr Ford to take his runner wider and clear of the field, as required by the Rule. This was clearly established by the video replays.

Having found that, the next question for the Adjudicative Committee is did Mr Ford immediately take his runner clear of the field? The Adjudicative Committee finds that Mr Ford did not take immediate steps but, rather, delayed shifting outwards and remained in position. After he eventually did so, his runner regained its correct gait but, in the meantime, he had put the Drivers of trailing runners in two minds as to his intention and, by the time he began to take his runner wider, the trailing runners had made up the leeway and were checked when Mr Ford shifted back down.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr Ford is an infrequent Driver – he had only 9 drives in the 2024 season and has had 4 drives in the new season commenced 1 January 2025.

He explained that the breach comes under the Minor Infringement scheme, but Stewards were submitting that the Adjudicative Committee should consider a penalty in excess of the $200 sanction because of the consequences of the breach.

REASONS FOR PENALTY:

The Schedule to the Minor Infringement Regulations prescribes a sanction of $200 for “failure to take a breaking horse clear of the field/return to proper gait”.

The Stewards have elected to file an Information in this case rather than impose the Minor Infringement sanction, because of the consequences of Mr Ford’s failing to take his runner clear of the field and disrupt several following runners, affecting their chances.

The consequences of Mr Ford’s actions, or lack of actions, were significant and an uplift of $100 from the Minor Infringement sanction is warranted for that factor. There are no mitigating factors and, accordingly, Mr Ford is fined the sum of $300.

CONCLUSION:

Graduation Driver, Barry Ford, is fined the sum of $300.