Ashburton TC 17 January 2023 – R3 – Robbie Holmes
ID: RIB14655
Animal Name:
Smokin Gun
Code:
Harness
Race Date:
17/01/2023
Race Club:
Ashburton Trotting Club
Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700
Race Number:
R3
Hearing Date:
17/01/2023
Hearing Location:
Ashburton Raceway, Ashburton
Outcome: Proved
Penalty: Driver, Robbie Holmes, is fined $100
BACKGROUND:
Following the running of Race 3, Rosebank Life Care Mobile Pace, the Respondent Open Driver, Robbie Holmes, as the Driver of SMOKIN GUN in the race, denied a charge of shifting inwards near the 150 metres and striking a track marker.
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 400 metres of the race. He pointed out SMOKIN GUN, driven by the Respondent, racing three places back on the markers rounding the final bend. He conceded that, just prior, the Respondent had been having some difficulty with his horse by steering outwards and away from the pylons, and losing ground.
However, rounding the final bend and driving his horse forward, Mr McIntyre alleged, the Respondent misjudged the last pylon prior to the passing lane and his sulky wheel had struck and protruded inside it. Stewards could see no reason why the Respondent should have struck that last pylon, Mr McIntyre said.
Mr Holmes confirmed that his horse had been hanging rounding the final bend and was still on an inwards line as he was urging it forward. He admitted that he had struck the final marker. He had struck the horse with the whip and had taken hold of the outside rein. The horse had always steered better than on this occasion, he said.
DECISION:
The charge is found proved.
REASONS FOR DECISION:
It was clear that the inside sulky wheel of the Respondent’s runner had gone inside and over the track marker as alleged. The Respondent admitted that fact. The Adjudicative Committee was satisfied, on the evidence, that the Respondent had made a slight misjudgment when shifting inwards, and that no blame could be attached to the horse.
SUBMISSIONS FOR PENALTY:
Chief Stipendiary Steward, Nigel McIntyre, submitted that a fine of $100 was an appropriate penalty.
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, Robbie Holmes, is fined $100.
Decision Date: 17/01/2023
Publish Date: 19/01/2023