Auckland TC 31 December 2024 – R4 – Josh Dickie
ID: RIB50100
Animal Name:
IRON BRIGADE
Code:
Harness
Race Date:
31/12/2024
Race Club:
Auckland Trotting Club
Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051
Race Number:
R4
Hearing Date:
31/12/2024
Hearing Location:
Alexandra Park
Outcome: Proved
Penalty: Driver Josh Dickie is fined $150
BACKGROUND:
Following the running of Race 4, the Respondent, Driver Josh Dickie, admitted a breach of Rule 869(7A)(a) in that, as the Driver of IRON BRIGADE, he shifted in near the 200 metres and contacted the final two track markers.
Rule 869 provides:
(7A) Every driver who moves inwards shall ensure:
(a) that contact is not made with any track marker.
EVIDENCE:
Chief Stipendiary Steward, Mr Nigel McIntyre, showed a video replay of the incident and pointed out IRON BRIGADE, driven by Mr Dickie, racing in the trail as the field rounded the final turn into the home straight. He said that IRON BRIGADE was full of running and attempted to get into the passing lane. In doing so, IRON BRIGADE struck two markers. Mr McIntyre advised that IRON BRIGADE finished third and Stewards reviewed the incident and found that no advantage was gained by IRON BRIGADE as a result of the inward shift.
In response, Mr Dickey said that he agreed with the Stewards’ interpretation of the incident and had nothing further to add.
DECISION:
The charge is admitted and therefore proved.
SUBMISSIONS FOR PENALTY:
Mr McIntyre said that a charge of this nature would normally be dealt with by issuing a Minor Infringement Notice (MIN) – a MIN would result in a $100 fine. He said that Mr Dickie has breached this Rule on two previous occasions and on that basis, an Information was filed. He suggested that a fine of $150, this being a $50 uplift, would be an appropriate penalty.
Mr Dickie offered no submissions as to penalty.
REASONS FOR PENALTY:
The Penalty Guide provides a starting point of a $100 fine for a breach of the Rule. Having considered the film evidence, the Adjudicative Committee accepts that no advantage was gained as a result of Mr Dickie striking two markers.
It is an aggravating factor that Mr Dickie has twice previously breached this Rule. On that basis, a $50 uplift is applied to the $100 starting point.
CONCLUSION:
The Respondent, Mr Dickie, is fined the sum of $150.
Decision Date: 31/12/2024
Publish Date: 01/01/2025