Ashburton TC 17 January 2023 – R10 – Peter Davis

BACKGROUND:

Following the running of Race 10, Broken Jandal Handicap Trot, the Respondent Open Driver, Peter Davis, as the Driver of MADELEINE STOWE in the race, admitted a charge of striking the final track marker prior to the passing lane.

Rule 869 provides:

(7A) Every driver who moves inwards shall ensure:

• That contact is not made with any track marker.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed a video replay of the final 300 metres of the race. He pointed out MADELEINE STOWE, driven by the Respondent, racing four places back on the markers rounding the final bend before taking an inside run and, in doing so, his sulky wheel made contact with the final track marker before the passing lane.

The Respondent said that it did not help that the two leaders were racing off the markers. His mare was inclined to duck in when she saw the “daylight”, he said.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Chief Stipendiary Steward, Nigel McIntyre, said that the Respondent had received a warning at Westport for striking a pylon. He submitted that a fine of $100 was an appropriate penalty, in line with penalties given for recent breaches of the Rule.

The Respondent made no submission in relation to penalty.

REASONS FOR PENALTY:

The Penalty Guide suggests a starting point for penalty for a breach of the Rule of a 2-drives suspension or a $100 fine. The usual penalty for a first offence is a fine of $100.

The breach is low-level and there are no relevant aggravating or mitigating factors.

CONCLUSION:

The Respondent Open Driver, Peter Davis, is fined $100.