Ashburton TC 28 October 2024 – R6 (heard 1 November 2024 at Methven) – Robert Anderson

ID: RIB47960

Respondent(s):
Robert George Anderson - Driver

Applicant:
Nigel McIntyre, Chief Stipendiary Steward

Adjudicators:
Russell McKenzie

Information Number:
A21274

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
Grettymac

Code:
Harness

Race Date:
28/10/2024

Race Club:
Ashburton Trotting Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:
R6

Hearing Date:
01/11/2024

Hearing Location:
Mt Harding Racecourse, Methven

Outcome: Proved

Penalty: Open Driver, Robert Anderson, suspended 2 days

BACKGROUND:

Following the running of Race 6, Gavin Douglas Trot, Open Driver, Robert Anderson, as the Driver of GRETTYMAC in the race, admitted a charge that he drove carelessly near the 450 metres by shifting inwards when insufficiently clear of CYCLONE ZION W (Bob Butt), which was checked.

The Information was filed with the Adjudicative Committee on Raceday and adjourned. It was heard at the meeting of Methven TC at Mt Harding Racecourse, Methven on 1 November 2024. Mr Anderson had signed the Statement by the Respondent “I do admit a breach of the rule” on the Information form.

Mr Renault sought leave on behalf of Mr Anderson, for his presence at the hearing to be waived. Mr Renault explained that Mr Anderson had intended to attend the race meeting, but his one runner was a late scratching, having been sold. In the circumstances, leave was granted.

Rule 869 provides:

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

    (b) carelessly

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the incident. He showed that GRETTYMAC driven by the Respondent, was racing towards the rear of the field in the one-out line and was being followed by CYCLONE ZION W, clearly to its inside. The horse in front of Mr Anderson, BONNIE BAGRIE (Jonny Cox), commenced to weaken and Mr Anderson switched to the inside of that runner. As he did so, CYCLONE ZION W was inside his wheel, contacted the sulky wheel of GRETTYMAC, trotted roughly for several strides and lost its rightful position.

DECISION:

The charge having been admitted, was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr Anderson has had 37 drives this season and has a clear record under the Careless Driving Rule. Stewards considered the breach to be in the low-to-mid range, he said. Mr Anderson had asked the Adjudicative Committee to consider a suspension, to start immediately, rather than a fine, Mr Renault said.

REASONS FOR PENALTY:

The breach was a low-to-mid range breach. Mr Anderson has eased his runner out wider to improve and then, as his progress was impeded, he has shifted back down. In the meantime, Mr Butt has improved to his inside, resulting in Mr Butt’s runner striking a wheel and trotting roughly for several strides and losing its position.

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for a first, low or mid-level breach, of a fine or a 2-days suspension. Mr Anderson has indicated to the Stewards that he would prefer a suspension. The breach can satisfactorily be dealt with by way of a suspension of 2 days, there being no aggravating or mitigating factors.

CONCLUSION:

The Respondent, Open Driver, Robert Anderson, is suspended from after the close of racing today, 1 November, up to and including 12 November 2024 – 2 days. The meetings intended to be encompassed by the period of suspension are Rangiora HRC on 9 November and NZ Metropolitan TC on 12 November 2024.

Decision Date: 01/11/2024

Publish Date: 06/11/2024