Central Otago TC 2 January 2023 – R3 – Robbie Holmes

ID: RIB13952

Respondent(s):
Robbie Holmes - Driver

Applicant:
Mr Nigel McIntyre, Chief Stipendiary Steward

Adjudicators:
Mr G Hall (Chair), Mr M Conway

Persons Present:
Mr McIntyre, Mr Holmes

Information Number:
A21034

Decision Type:
Race Related Charge

Charge:
Careless driving

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

Plea:
Admitted

Animal Name:
MAJOR WILSON

Code:
Harness

Race Date:
02/01/2023

Race Club:
Central Otago Trotting Club

Race Location:
Omakau Racecourse - Racecourse Road, Omakau, 9376

Race Number:
R2

Hearing Date:
02/01/2023

Hearing Location:
Omakau Racecourse

Outcome: Proved

Penalty: Driver, Robbie Holmes suspended for two days

Mr McIntyre alleged that Mr Holmes drove carelessly near the 1100 metres in Race 3 when shifting ground inwards checking MAJOR WILSON.

Mr McIntyre demonstrated on the videos that near the 1100 metres the Respondent was racing towards the rear of the field when he shifted in when not clear of MAJOR WILSON. Mr Morrison had to grab hold, the horse tangled briefly, and lost 3 to 4 lengths. MAJOR WILSON eventually dropped out and Mr Morrison informed the Stewards that the incident had no bearing on the horse’s performance.

Mr Holmes said he was not aware that Mr Morrison was to his inside and he had thought he had room to shift in. He believed MAJOR WILSON had lost only 2 lengths in the incident.

Both parties agreed there had been no contact.

Decision

As Mr Holmes has admitted the breach, it is found to be proved.

Submissions as to penalty

Mr McIntyre produced the Respondent’s record which was clear under this Rule in the past 12 months. He submitted the breach was low end and that a 2-day suspension was appropriate.

Mr Holmes asked that any suspension be deferred until after racing at Cromwell on 6 January.

Reasons for penalty

Mr Holmes has admitted a low-end breach of the careless driving Rule. He has shifted in when not clear of Mr Morrison who has had to take hold of his horse. MAJOR WILSON tangled and lost about 3 lengths. Significantly, Mr Morrison has said the incident had no bearing on the horse’s performance.

The starting point in the Penalty Guide for a first breach is a 10-drive suspension. Mr Holmes averages some 4 drives a meeting. After credit for record and admission of the breach, the penalty is a 2-day suspension.

Conclusion

Mr Holmes is suspended from driving from the end of the meeting on 6 January up to and including 13 January 2023.

Decision Date: 02/01/2023

Publish Date: 12/01/2023