Banks Peninsula TC 20 March 2022 – R3 – Jim Curtin

SUMMARY OF FACTS:

Following the running of Race 3, Alpine Village Inn/Challenge Lincoln Pace, the Respondent Driver, Jimmy Curtin, admitted a breach of Rule 869(3)(b) – namely, that as the Driver of GANA in the Race, he drove carelessly when shifting ground outwards near the 400 metres which resulted in ATOMIC TRAVELLER (Joseph Gray) being checked and broke losing all chance.

The Respondent endorsed the information “I do admit the breach of the Rule” and he confirmed that he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video replays, Stipendiary Steward, Paul Williams, identified the horses involved in the incident. GANA, driven by Mr Curtin, had been racing 4 places back in the one-out line and MOTOR MOUTH, driven by Mr Gray, was improving 3-wide from the rear of the field. As the field turned into the home straight, Mr Curtin has shifted out too abruptly at that point, Mr Williams alleged. The replay showed that MOTOR MOUTH, which had improved to the outside of GANA, had received a check and had broken, losing its chance.

Mr Curtin said that Mr Gray had not allowed any room for him to shift out which, he submitted, a more experienced Driver would have done, anticipating runners to his inside shifting wider. Mr Gray had not “gone with” him. He did not accept that he had come out sharply, but accepted that the incident was his fault. He believed that it looked worse on the replay.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr Curtin is a Senior Driver. He has had 63 drives this season (from 1 January 2022) and, last season, 508. He has a clear record under the Careless Driving Rule.

Mr Williams said that the abruptness of Mr Curtin’s shift had led to Mr Gray’s horse breaking. It had lost all chance as a result. Mr Curtin has gone on to win the race.

The Penalty Guide starting point, he said (incorrectly) is a 3-days suspension and Stewards were seeking a suspension in line with that.

Mr Curtin accepted that a suspension was inevitable. He did not seek a deferment.

REASONS FOR PENALTY:

The Penalty Guide starting  point for penalty is, in fact, a 10-drives suspension and not 3 days, as submitted by Mr Williams. However a 10-drives suspension equates approximately, in Mr Curtin’s case, to a 3-days suspension and the Adjudicative Committee has proceeded on that basis. Aggravating factors are that Mr Curtin’s horse has gone on to win the race after MOTOR MOUTH was checked and lost its chance. There is an uplift of 1 day for those factors. Against that, however, Mr Curtin has admitted the breach and has an excellent record under the Rule for which he is given a discount of 1 day from the 4-days starting point arrived at.

PENALTY:

The Respondent Driver,  Jim Curtin, is suspended for 3 days commencing after the conclusion of racing on 20 March 2022 up to and including 27 March 2022. The meetings intended to be included in the period of suspension are NZ Metropolitan TC on 23 and 25 March 2022 and Waimate TC on 27 March 2022.