Auckland TC 15 March 2024 – R1 – Matthew White

Evidence:

Following the running of Race 1, an Information was filed by Senior Stipendiary Steward, Mr Mulcay alleging Open Driver, Mr M White, breached Rule 869 (3)(b) in that he drove carelessly nearing the 1800m by shifting his runner inwards when not in a position to do so and as a result checked the runner to his inside.

Mr White endorsed the Information ‘I do admit the breach of the rule’.  At the commencement of the hearing he confirmed his plea and that he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No horseman in any race shall drive carelessly.

Using available video footage Mr Mulcay identified the horses involved in the incident namely, THE MIGHTY SULLY (M White) and TOMALOU (N Chilcott).

Mr Mulcay said that approaching the 1800 metre mark THE MIGHTY SULLY was travelling in second place outside the lead horse, (CLASSY OPERATOR), and on its inner was TOMALOU. Mr White directed his horse inwards and made contact with TOMALOU who was checked and paced roughly for a few strides and lost ground.

In response Mr White told the Adjudicative Committee that he accepted the Stewards’ interpretation of the incident and had nothing further to add.

Decision:

As Mr White admitted the breach the Adjudicative Committee found the charge proved.

Submission For Penalty:

Mr Mulcay submitted Mr White has one previous breach of the Rule. This having occurred at Hawera on 2 February 2024 and related to careless driving ‘striking a wheel’. That charge resulted in a $300 fine. He has since had 26 race drives.

Mr Mulcay added that the breach is assessed by Stewards as being in the low to mid-range category.

Mr White sought a 7 day deferment to any proposed suspension. He had nothing further to add in terms of penalty.

Reasons For Penalty:

The RIB Penalty Guide provides a starting point of a 4 day suspension for second breach of this Rule within the 6 month or 200 drive reset period. The Guide, unless otherwise stated, assumes that the severity of all starting point penalties is mid-range.

After taking into account the submissions of Mr Mulcay and Mr White and noting the Race films; in particular that the resultant impact on the affected runner TOMALOU, Mr White’s level of culpability is assessed as being in the low to mid-range.

After affording Mr White credit for his admission of the breach and in consideration of the circumstances of the breach a suspension of 3 (Northern) racedays is imposed. Mr White confirmed that he drives at Central Districts meetings when offered the opportunity. It was noted that his previous breach in February was at the Central districts Hawera meeting. On that basis the 3 meetings included in his suspension dates are 26 and 28 March (Manawatu HRC) and 4 April 2024 (Waikato/Bay of Plenty Harness).

Conclusion:

Accordingly, Mr White’s deferment is granted and his License to drive in races is suspended for a period of 3 days commencing after racing on 22 March 2024 and concluding after racing on 4 April 2024.