Auckland TC 26 July 2024 – R6 (heard 2 August 2024 at Alexandra Park) – Andre Poutama
ID: RIB44818
Animal Name:
Blazing Louie
Code:
Harness
Race Date:
26/07/2024
Race Club:
Auckland Trotting Club
Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051
Race Number:
R6
Hearing Date:
02/08/2024
Hearing Location:
Alexandra Park
Outcome: Proved
Penalty: Driver Andre Poutama is fined $500
Following the running of Race 6 on 26 July 2024, Senior Stipendiary Steward S Mulcay presented an Information alleging a breach of Rule 869(3)(b) by Driver Andre Poutama, in that he drove carelessly racing into the first bend by allowing his horse (BLAZING LOUIE) to shift inwards, resulting in DOM TORETTO, driven by M White, being checked and breaking. Mr Poutama contested the breach.
As a result, no hearing was able to take place on the raceday. The adjourned hearing was placed before this Adjudicative Committee on 2 August 2024.
Stipendiary Steward Mr M Sole, played the video of the relevant part of the race to identify Mr Poutama drawn three out on the second line behind C U THERE (Z Meredith). On the inside of BLAZING LOUIE, was SUNSHINE SHELBY (P Ferguson) and DOM TORETTO. The Stewards alleged that Mr Poutama has allowed his horse to shift inwards on the back of C U THERE, this resulting in the inside runners being placed in a situation where there was an extra horse when they got to the Winning Post. Mr Poutama is shown to have shifted down from a position of three wide to being one wide. This is a situation where he should have been aware that this action would result in the two horses on his inside, having their running room tightened. The head on film shows Mr Meredith moving his horse from its three wide position, down to a one off position (as he was entitled to do) and Mr Poutama following him down. Mr Poutama has then repositioned his horse two wide.
Two other horses were identified, being MY COPY (M McKendry) and FIFTH AND FINAL (Mr Herlihy). Mr McKendry was racing outside of Mr Poutama and was restraining his horse back to take a position on the markers. Mr Herlihy had improved past Mr Poutama to take up a position, as he was entitled to do. The Stewards were of the view that the actions of these two outside horses, had no bearing on Mr Poutama’s initial decision to follow C U THERE down to a one off position.
The Drivers of the two horses, DOM TORETTO and SUNSHINE SHELBY, N White and P Ferguson, were called to give evidence.
Mr White said that where he was on the fence, he felt that he was pushed down by wider runners, causing his horse to hit a pylon, which lead his horse to break. He said that initially he had a bit of room prior to that happening by using the passing lane, but that room ran out where the track tapers back out. He said that had he not shifted down, there would likely to have been contact with a sulky, as they would have been wheel to wheel. He said that his horse was not getting in. He could not hold his ground because of the horses coming down on him. His horse should have been able to improve on to the back of BENJAMIN BUTTON, who had drawn 1. That did not happen because of the horses coming down.
Mr Ferguson said that he had drawn two off on the second row and held his position on the second row. It got a bit tight going into the first corner. He was unable to keep two off. He was one and a half off. He confirmed that Mr Meredith had crossed in front of him, but he was unable to follow him because of what was happening.
Mr Poutama said in his defence, that he did not believe he had followed Mr Meredith’s horse down. He said that he was trying to keep a straight line and believed that he had. He said Mr McKendry had not kept his position and he was unable to shift away. He denied that he dictated an inwards movement and he was not responsible for putting his horse in that position. He saw himself as the meat in the sandwich, with nowhere to go, given the pressure from the outside, from initially Mr McKendry’s horse and then Mr Herlihy’s horse.
The Adjudicative Committee, having considered the available film, the evidence of other Drivers and submissions, did not accept Mr Poutama’s account. The video evidence clearly showed that Mr Poutama allowed his horse to follow Mr Meredith’s horse down, which then put him into a position which resulted in DOM TORETTA being checked, hitting a marker peg by the WINNING POST and breaking. He allowed his horse to follow C U THERE down, when he should have been aware that there were two horses inside, which were going to be affected. This meant there were 3 horses in a space, where there should have been 2. The Adjudicative Committee is satisfied Mr Poutama should have maintained a line 3 wide and by not doing so, he has been careless. It was accepted that the two horses on the outside of Mr Poutama, had no relevance to the decision initially taken by Mr Poutama.
The charge is proved accordingly.
Decision:
The charge is proved.
Submissions for Penalty:
Stipendiary Steward S Mulcay said the Respondent had a clear record. He said that Stewards assessed the breach as mid range and therefore a fine of $500 would be an appropriate penalty.
The Respondent made no relevant submissions.
Reasons for Penalty:
The Penalty Guide provides a penalty starting point of
- $500 fine, or 3-day suspension
After taking into account the submissions of the Applicant; noting the race film and the resultant impact on the affected runner, the Adjudicative Committee assessed the breach as mid-range and adopted a $500 fine or 3 day suspension as the starting point.
There were no aggravating or mitigating factors to be taken into account.
Accordingly, the Adjudicative Committee determined a $500 fine to be an appropriate penalty in the circumstances.
Conclusion:
The Respondent was fined the sum of $500.
Decision Date: 02/08/2024
Publish Date: 07/08/2024