Auckland TC 16 August 2024 – R2 – Andre Poutama

Summary of Facts:

Following the running of Race 2, an Information was filed by the Chief Stipendiary Steward Mr McIntyre alleging the Respondent Mr Andre Poutama breached Rule 869(6)(b)(c) in that as the Driver of LITTLE HOOFANANNY he shifted his runner outwards rounding the first turn forcing CARBON (K Denifostova) wider on the track.

The ‘Pushout Rule’ (r689) provides that:

(6) Subject to sub-rule (4) hereof:

(a) Drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement during any race shall not be forced to race wider on the track; (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

Chief Stipendiary Steward Mr McIntyre used the available race films to demonstrate the breach.  He identified LITTLE HOOFANANNY driven by Mr Poutama, who was racing on the fence, with CARBON on it’s outer nearing the 1950 metres. Mr McIntyre pointed out that LITTLE HOOFANANNY shifted away from the fence, forcing CARBON into a three-wide position. Thus, in breach of the Pushout Rule.

In response, Mr Poutama had nothing material to add about the race incident and commented “get it over and done with”.

Decision:

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

Submissions for Penalty:

Mr McIntyre said that Mr Poutama has a clear record under the ‘Pushout’ Rule and the Penalty Guide, for a first breach, provides for a $200 fine.

Mr Poutama had nothing to add concerning penalty.

Reasons for Penalty:

The Penalty Guide establishes a $200 fine as the starting point.  There are  no mitigating or aggravating factors to consider.  Therefore, after evaluating the evidence and the Steward’s submissions, the Adjudicative Committee determined the breach could appropriately be dealt with by way of a $200 fine.

Conclusion:

The Respondent Mr Poutama, is fined $200.