Auckland TC 10 November 2023 – R9 – Lyn Neal

Summary of Facts:

Following the running of Race 9, the Respondent Lyn Neal, admitted a breach of Rule 869(3)(b); namely that she drove carelessly entering the first turn when shifting ground inwards, which placed KEEP IT KLASSY (D Butcher) and MATTY A (M White) in restricted room for some strides.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed that she was familiar with the Rule.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward S Mulcay identified the horses involved in the incident. He said that Mrs Neal driving TRIFOLIUM began well, with the runners to her inside, also leaving well. He said at that point, Mrs Neal commenced to shift inwards when not fully clear of the runners to her inside and as a result, she tightened KEEP IT KLASSY down on to MATTY A, whose Driver had to take hold and relinquish his position. Mr Mulcay said that Mr Ferguson, who was to the inside of these horses, moved to the fence and this relieved some of the pressure.

In response, Mrs Neal said that it was very minor and it appeared Mr Ferguson’s intention was to shift to the fence regardless of the tightening.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Stipendiary Steward S Mulcay said that this breach fell under the new driving definitions (commenced 1st November 2023) and  produced the Respondent’s record, which was clear.

Mr Mulcay added that Stewards assessed the breach as low range and therefore a starting point of a $300 fine or a 2 day suspension was outlined in the Guidelines.

The Respondent submitted she would prefer a suspension over a fine.

The Respondent advised she could commence any proposed suspension after the meeting at Manawatu on the 13th of November.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of a $300 fine or a 2 day suspension.

After taking into account the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner, the Adjudicative Committee assessed the breach as low and adopted a 2 day suspension as the starting point.

The Respondent did have a good record in relation to this Rule, but it would be inequitable for the Adjudicative Committee to offer a 1 day deduction (in this instance a 50% reduction) in penalty to reflect this.

After evaluating all of the factors, the Adjudicative Committee determined a 2 day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent had her Licence suspended commencing after racing on 13th of November 2023, up to and including 21st November 2023 – Cambridge 17/11/23 and Manawatu 21/11/23.