Banks Peninsula TC 29 December 2023 – R6 – Riley Harrison

Summary of Facts:

Following the running of Race 6, the Respondent Junior Driver, Riley Harrison admitted a breach of Rule 869(3)(b); namely that when driving ON REPORT she drove carelessly passing the 1600m when not clear checking, FOURTH AMENDMENT, which broke in consequence.

The Respondent, Miss Harrison, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule, her admission of the breach and the nature of the charge.

Miss Harrison was assisted at the hearing by Open Driver Bob Butt.

Rule 869 (3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage Chief Stipendiary Steward, Nigel McIntyre, with the assistance of Stipendiary Steward, Paul Williams, identified the horses involved in the incident namely, ON REPORT, driven by Miss Harrison, racing on the outside of the leader, FOURTH AMENDMENT, driven by Anj Mugford. Mr Williams showed on the replays that near the 1600m, Miss Harrison improved past the lead horse, FOURTH AMENDMENT, and when shifting inwards to take up the lead position, she was not clear of Miss Mugford. As a result, FOURTH AMENDMENT had to check and broke momentarily, after contact was made.

Further to the interference, and the evasive action taken by FOURTH AMENDMENT, the pace slowed and in a concertina effect, several horses were inconvenienced with AMERICANO checking and breaking as a consequence.

Miss Harrison stated she thought she was clear and had noticed that FOURTH AMENDMENT was racing keenly at the time which may have contributed to the incident.

 The Decision:

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

Submission for Penalty:

Chief Stipendiary Steward, Mr McIntyre produced the Respondent’s record which indicated a previous breach at Addington on 25 August 2023 at Addington where Miss Harrison received a $250 fine for striking a wheel. Miss Harrison, he stated, has had 49 lifetime drives to date.

In mitigation, Mr McIntyre said that the Respondent freely admitted the breach and combined with her relative inexperience and status as a Junior Driver, could be afforded credit.

The Respondent made no submissions on penalty apart from requesting a deferment of penalty until after racing at Banks Peninsula on 7 January 2024.

Reasons for Penalty:

The Penalty Guide provides a starting point of a 4-day suspension for a mid range, 2^nd breach of this Rule within a 6-month period.

This Adjudicative Committee determined that the breach was mid-range due to the effects and consequences to FOURTH AMENDMENT and AMERICANO.

There were no aggravating factors to consider, therefore no uplift warranted.

The Respondent was given credit for her good record, frank admission of the breach and status as a Junior Driver, resulting in a combined discount of 1 day.

After evaluating all of the factors the Adjudicative Committee determined a 3-day suspension to be an appropriate penalty in the circumstances of this case.

Penalty:

Miss Harrison’s application for a deferment until 7 January 2024 was granted.

The Respondent, Miss Harrison was suspended from the conclusion of racing 7 January 2024 up to and including 16 January 2024. Relevant meetings encompassed in this period of suspension were Nelson-12 January, Nelson-14 January and Ashburton-16 January 2024.