Auckland TC 10 November 2023 – R9 – Roydon Downey

Summary of Facts:

Following the running of Race 9, the Respondent Roydon Downey, admitted a breach of Rule 869(3)(b); namely that he drove carelessly near the 450m by allowing his horse (SANINARMBRO) to shift inwards, checking A TROPHY WIFE.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed that he wasn’t really familiar with the Rule.

Stipendiary Steward Mr Mulcay read the Rule for clarity.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward Mulcay identified the horses involved in the incident namely, SANINARMBRO driven by R Downey and A TROPHY WIFE driven by M Ranger.   He said that Mr Downey improved in a 4 wide position to the outside of A TROPHY WIFE. He said as his drive moved past  A TROPHY WIFE, it shifted inwards when not sufficiently clear, resulting in his sulky wheel contacting the foreleg of A TROPHY WIFE, causing it to trot roughly.

In explanation, the Respondent stated that A TROPHY WIFE had sat 3 wide for the trip and was a weakening runner and said he was also travelling into a bend.

Decision:

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

Submissions for Penalty:

Stipendiary Steward 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 he would prefer a suspension over a fine.

The Respondent advised he would take any proposed suspension immediately.

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 his Licence suspended commencing after racing on 10th of November 2023, up to and including 24th November 2023 – 2 Northern Racedays (Manawatu not included).