Banks Peninsula TC 25 September 2022 – R6 – Scott Iremonger

BACKGROUND:

Following the running of Race 6, Advanced Joinery Limited Mobile Pace, the Respondent, Junior Driver Scott Iremonger, defended a charge of careless driving under Rule 869(3)(b). It was alleged that, as the Driver of IT’S A SHAWTHING in the race, he drove carelessly when easing the pace near the 1400 metres hampering trailing runners.

The Respondent endorsed the Information “I do not admit a breach of the rule” and confirmed that he understood the Rule and the nature of the charge. He was assisted at the hearing by Open Driver, Robbie Holmes.

Rule 869 provides:

(3) (b)  No driver in any race shall drive carelessly.

EVIDENCE:

Stipendiary Steward, Paul Williams, used the available video replays to show the incident with approximately 1400 metres to run. He pointed out IT’S A SHAWTHING, driven by the Respondent, the lead horse. He also pointed out BOLZANO, driven by Gerard O’Reilly, racing back in the field in the one-out line and about to improve at speed around the field.

Mr Williams alleged that the Respondent had seen Mr O’Reilly’s runner coming and commenced to take a hold of his horse to take a trail. It was the allegation of the Stewards that the Respondent’s actions had caused a “concertina effect” affecting a total of five other runners that had been racing on the pylons behind IT’S A SHAWTHING, with the worst affected being NYLA, driven by Matthew Williamson. Mr Williams also pointed out SONGBIRD (Samantha Ottley) and TIMES ARE A CHANGIN (John Dunn) having to be restrained. The Respondent had restrained for at least 40 metres – a deliberate attempt to ease the pace, he submitted.

The Respondent requested that the head-on video replay be played to the hearing. He acknowledged that he had taken a hold of his runner but, he said, he did not believe it was an “extreme measure”. He submitted that NYLA had been running out and hanging at the relevant time. It had reacted unfavourably to a slight easing of the pace, he submitted, and was not a victim of a dramatic easing of the pace.

Mr Holmes submitted that NYLA had overreacted despite, as he admitted, a slight concertina effect but had not gone off stride or lost any momentum. The Respondent had not taken hold severely, he submitted

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Adjudicative Committee was satisfied that the Respondent had been responsible for an easing of the pace at that stage of the race, as alleged. The effect on trailing runners, although with no significant consequences, was apparent from the video replays shown. Mr Williamson’s runner, NYLA, which had been racing five-places back on the markers, was clearly affected as were the runners in front, each to a lesser extent.

The Respondent, in easing the pace to take a trail as BOLZANO improved to take the lead, has driven carelessly.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Paul Williams, said that the Respondent has had 67 drives this season and, in the extended 2021 season, had 73 drives.

The Penalty Guide starting point is a 10-drives suspension or a $500 fine, Mr Williams said. Stewards were submitting that a suspension was appropriate. An appropriate period of suspension in this case would be one of 2 days, Mr Williams submitted.

The Respondent requested that any period of suspension commence immediately.

REASONS FOR PENALTY:

This is a low-level breach of the Careless Driving Rule. Although the Adjudicative Committee has found that the Respondent has driven carelessly, it was not a bad case of carelessness and the minimal consequences to other runners reflects that. In addition, he has a clear record over the past 6 months under the Careless Driving Rule. A penalty in the region of 5-6 drives is appropriate, taking those factors into account. The Adjudicative Committee notes that the Respondent had three drives at today’s meeting. On that basis, this represents a 2-days suspension.

CONCLUSION:

The Respondent, Junior Driver Scott Iremonger, is suspended for 2 days, from 26 September to 2 October 2022, both dates inclusive.