Auckland TC 8 December 2023 – R5 – Matthew White

BACKGROUND:

Following the running of Race 5, the Group 3 Caduceus Club Northern Breeders Stakes Mobile Pace 2200m, Driver, Matthew White, admitted a breach of Rule 869(7A)(a) in that, as the Driver of MHAI SURFER GIRL, he allowed his filly to shift inwards in the home straight which resulted in his sulky wheel contacting the track markers.

Rule 869 provides as follows:

(7A)      Every driver who moves inwards shall ensure:

              (a)  that contact is not made with any track marker.

Mr White confirmed his admission of the breach.  He endorsed the Information accordingly.

EVIDENCE:

Senior Stipendiary Steward Mr S Mulcay demonstrated the incident using available race films.  He identified MHAI SURFER GIRL racing three back on the markers as the field entered the home straight.  He was directly behind the trailing horse, ACUSHLA MACHREE (S Abernethy) who dropped down into the passing lane which it was entitled to.  As the field approached the 120 metres, Mr White shifted MHAI SURFER GIRL inwards into a gap inside of ACUSHLA MACHREE and in doing so, his sulky wheel contacted two track markers.

In response, Mr White said that he agreed with the Stewards’ interpretation of the incident and had nothing further to add.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Mulcay said that a charge under this Rule would usually be dealt with by way of a $100 fine under the Minor Infringement Schedule.  However, he advised that given the breach occurred in a Group (3) Race, Stewards elected to file an Information so that the status of the race could be fully considered as part of any penalty imposed.  He said that Mr White has a clear record under the Rule; he freely admitted the breach and suggested a fine in the vicinity of $200 would be appropriate.

Mr White offered no submissions as to penalty.

REASONS FOR PENALTY:

In consideration of penalty, the Adjudicative Committee placed the breach in the low range.  Contact was made with two track markers, but no discernible advantage was gained by the manoeuvre, albeit Mr White ought to have exercised greater care.

A $200 fine was adopted as the starting point which is twice the amount that would be imposed under the Minor Infringement Fines Schedule for a breach of this Rule.  The uplift reflects the fact that the breach occurred in a Group 3 Race with a stake of $40,000.

Mitigating factors include Mr White’s good record and his admission of the breach, for which a $50 reduction is applied to the $200 starting point.  Accordingly, a $150 fine is imposed.

CONCLUSION:

Driver, Mr Matthew White, is fined $150.