Auckland TC 23 August 2024 – R6 – Kristina Denifostova

Following the running of Race 6, Chief Stipendiary Steward S Mulcay presented an Information alleging a breach of Rule 869(3)(b) by Junior Driver Kristina Denifostova, in that she drove carelessly by allowing her gelding to shift outwards throughout the run home, forcing AYE AYE CAPTAIN wider on the track.

The Respondent endorsed the Information “I do admit a breach of the Rule” and confirmed she understood the Rule and the nature of the charge.  The Respondent was supported at the hearing by Open Driver Josh Dickie.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Senior Stipendiary Steward S Mulcay replayed the video footage that had been shown at the earlier protest hearing and relied on the relevant submissions he had made during that hearing.  He identified Ms Denifostova’s runner FERNLEIGH CASH, leading the field into the final straight.  She allowed FERNLEIGH CASH to shift outwards throughout the run home.  As a consequence, the trailing horse AYE AYE CAPTAIN, was forced to run wider on the track.  Ms Denifostova took minimal effort to straighten her horse.

No issue was taken by Ms Denifostova as to Mr Mulcay’s interpretation of the incident.

Decision:

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

Submissions for Penalty:

Stipendiary Steward S Mulcay advised that the Respondent had a clear record in regard to this Rule.

Stewards assessed the breach as mid range and therefore a fine of $500 or a suspension of 2 days was the starting point for a first breach. In mitigation, it was noted that the Respondent had freely admitted the breach.

The Respondent sought that the matter be dealt with by way of a fine. Mr Dickie, on her behalf, said she was a new Driver and she sought to take as many drives as she could at this early stage of her career. No issue was taken by the Stewards, as to the matter being dealt with by way of a fine. Mr Mulcay referred to the fact that the consequential effects of the driving, which caused AYE AYE CAPTAIN to be hampered and be carried over more ground, did not result in the protest being upheld.

Reasons for Penalty:

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 medium and adopted a $500 fine as the starting point.

The Respondent was given credit for her record and admission of the breach, resulting in a $100 reduction from the starting point.

After evaluating all of the factors, the Adjudicative Committee determined a $400 fine to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent was fined the sum of $400.