Ashburton TC 14 November 2024 – R8 – Steve and Amanda Telfer

BACKGROUND:

Following the running of Race 8, Betavet Fillies & Mares Mobile Pace, Stipendiary Steward, Shane Renault, filed an Information against Trainers, Steve and Amanda Telfer (Partnership), as the Trainers of BETTOR OFF in the race, alleging that the mare “raced in unapproved gear due to the nose flap protruding past the nose in accordance with the Approved Gear Regulation.”

The Respondents were represented at the hearing of the Information by Licensed Open Driver, Tim Williams. He had signed the Statement by the Respondent on the Information form “I do admit a breach of the rule” and he confirmed at the hearing that the breach was admitted.

Rule 864 provides:

(1)   No horse shall race in, or race with, any gear or with any appliance or device other than that from time to time approved by the Board

(2)  Every driver, owner, trainer and assistant thereof of a horse shall with regard to that horse ensure that:-

        (a)   It races only in gear, appliances or devices previously approved by the Board.

The Approved Gear Regulation provides:

The following gear, devices or appliances are approved pursuant to the Rules of Harness Racing by the Board:

20. Nose Flap . . . (fitted so does not protrude past nose).

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays to show the finish of the race, and also the official photo finish. He showed BETTOR OFF, driven by Mr Williams, on the outside of ABSOLUTE BABE (Matthew Williamson) as those two runners crossed the finishing line, in a photo finish for 1st placing. He pointed out that the nose flap of BETTOR OFF was protruding past its nose. It was difficult to say where the nose of BETTOR OFF was, and the Judge was left with no option, but to declare a dead-heat, Mr Renault said.

Mr Williams said that the nose flap on BETTOR OFF was a “new style” and bigger than normal. If it were pulled up any higher on the horse’ s head, it would possibly cover its eyes, he said. Mr Williams said it was a “freak incident”. However, the camera did not lie, he said.

DECISION:

The charge was admitted and was therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Penalty Guide starting point for such a breach is a fine of $400. He referred to the consequential effects in this case, in that it was necessary for the finish to be declared a dead-heat, because the Judge was not able to establish the precise position of the nose of BETTOR OFF.

The Telfers have a clear record under the particular Rule, Mr Renault said. It was an aggravating factor that the result of the race was compromised, he said. That factor requires an uplift from the starting point, he submitted.

Mr Williams said that the breach has been admitted, and it was freak accident. The other runner involved, ABSOLUTE BABE, had still got a “win”, with the dead-heat result. A fine of $200 would be appropriate, he submitted.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024), provides a starting point for a breach of “using unapproved gear” of a $400 fine. The gear in this case, a nose flap, is deemed “unapproved” because, in terms of the Regulation (see above), it protruded past the horse’s nose.

It is of concern, in this case, that the breach has impacted upon the outcome of the race and, possibly, produced some doubt as to the true result, although a dead-heat as declared by the Judge, has produced a fair result, in the Adjudicative Committee’s opinion. At the end of the day, it was a most unusual and probably unprecedented situation.

The penalty for this breach of using unapproved gear, needs to reflect that the result of the race was involved as a consequence. That is an aggravating factor, for which an uplift to the Penalty Guide starting point is called for. The uplift is fixed at 50 per cent, or $200.

CONCLUSION:

The Training Partnership of Steve and Amanda Telfer is fined the sum of $600.