Auckland TC 21 April 2023 – R7 – Andre Poutama

EVIDENCE

Following the running of Race 7, the Dawson Harford Ltd Taylor Mile Mobile Pace (G1) 1600m, Senior Stipendiary Steward Mr Mulcay filed an Information alleging the Driver of HARDER THAN DIAMONDS, Mr A Poutama, failed to maintain his position on the Mobile Barrier until the start was declared.

Rule 858(1)(i) provides: A driver must not fail to maintain his or her position.

Mr Poutama was present at the hearing and confirmed that he understood the Rule and that he admitted the breach.

Mr Mulcay demonstrated the incident by use of the race films and showed that prior to the start, the three horses on the outside of the frontline were behind the mobile arm in the run up to the start of the race.  He pointed out that HARDER THAN DIAMONDS (A Poutama) from barrier position No. 7, was more than the allowable half a length behind the barrier arm when the field was dispatched.  He added that it was noticeable that BETTER ECLIPSE, from barrier position 8, was laying in on HARDER THAN DIAMONDS as the field lined up behind the mobile barrier and both horses momentarily locked wheels.

Mr Poutama freely acknowledged the breach stating that “I didn’t do my part properly to stay on the gate”.

DECISION

The breach is admitted, and the charge is therefore proved.

PENALTY SUBMISSIONS

Mr Mulcay said that the Penalty Guide provides for a $100 fine but given that the breach occurred in a Group 1 race an uplift in the vicinity of $100 is sought.

Mr Poutama offered no submissions as to penalty.

PENALTY REASONS

The race films clearly establish the breach.  There were some mitigating factors in Mr Poutama’s favour in relation to the horse on his outer (BETTER ECLIPSE), laying in on him approaching the start. Contact was made between the sulky wheels of BETTER ECLIPSE and HARDER THAN DIAMONDS, but they came free prior to the start and both Drivers had an obligation to ensure they maintained their positions behind the mobile barrier.

After considering the Respondent’s admission, his clear record, and the status of the race, the Adjudicative Committee deemed a $100 uplift from the Penalty Guide starting point of $100, would be appropriate in the circumstances.

CONCLUSION

Accordingly, Mr Poutama is fined $200.