Banks Peninsula TC 24 September 2023 – R11 – Robbie Holmes

ID: RIB27693

Respondent(s):
Robbie Holmes - Driver

Applicant:
Stipendiary Steward - Mr Paul Williams

Adjudicators:
Dave Anderson

Persons Present:
Stipendiary Stewards - Mr M Sole, Mr S Renault, Mr Williams and Mr Holmes

Information Number:
A21437

Decision Type:
Race Related Charge

Charge:
Careless Driving checking another runner

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Not Admitted

Animal Name:
SINNER COOL

Code:
Harness

Race Date:
24/09/2023

Race Club:
Banks Peninsula Trotting Club

Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672

Race Number:
R11

Hearing Date:
24/09/2023

Hearing Location:
Motukarara Racecourse

Outcome: Proved

Penalty: Driver Robbie Holmes is suspended for 3 days

EVIDENCE:

Following the running of Race 11, Driver Mr Robbie Holmes denied a breach of the Careless Driving Rule. Mr Holmes stated he was conversant with the Rule and the Charge and confirmed to the Adjudicative Committee that he did not admit a breach of the Rule.

The Informant, Stipendiary Steward Mr Paul Williams, identified Mr Holmes (SINNER COOL) finishing strongly down the outside of the track. He pointed to SINNER COOL drift inwards at approximately the 250m, and its sulky wheel contact ALI LINDENNY’S legs, who immediately broke, losing all chance. Mr Williams said Mr Holmes has corrected his horse, but it has been too little too late.

Mr Holmes said he had removed a murphy blind from the horse’s gear today because of the bigger track. He said his horse has ducked in and she has not responded quick enough to miss Mr Dunn. Mr Holmes said his horse was to blame for the interference, not his carelessness.

REASONS FOR DECISION:

The Adjudicative Committee found the video evidence compelling. SINNER COOL has drifted into ALI LINDENNY’S line and Mr Holmes has been too late in taking corrective action. The responsibility lies with the Driver to keep his or her horse from interfering with its competitors.

DECISION:

The charge was found to be proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said Mr Holmes has had 248 drives this season and 222 in the previous season. He said he has a clear record and has chosen to defend this charge, as is his right. Mr Williams said the 3-day suspension starting point would be appropriate for Mr Holmes.

Mr Holmes made no submissions on Penalty.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 3-day suspension for a first breach of this Rule. Although his record was clear, the Adjudicative Committee can find no reason to depart from the Guidelines in the circumstances of this case.

CONCLUSION:

Mr Holmes did not require deferment and accordingly, his Licence to drive in races is suspended from the conclusion of racing today, up to and including racing on the 5th of October 2023.

Decision Date: 24/09/2023

Publish Date: 25/09/2023