Cheviot HRC 6 April 2025 – R11 – Henry Sail

Summary of Facts:

Following the running of Race 11, the Respondent Junior Driver Henry Sail admitted a breach of Rule 869(3)(b); namely that when driving JACK TAR, he drove carelessly rounding the final bend, by failing to concede his position when forced wider on the track by MAJOR PERFORMER, resulting in both runners locking wheels.

The Respondent, Mr Sail, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule, his admission of the breach and the nature of the charge. Mr Sail informed the hearing that he did not require assistance at the hearing.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward Matt Sole, with the assistance of Stipendiary Steward Shane Renault, identified the horses involved in the incident namely, MAJOR PERFORMER, driven by Matthew Williamson, racing on the inside with JACK TAR, driven by Mr Sail and DANCE WITH THE BOSS, driven by Sheree Tomlinson, racing to the outside of MAJOR PERFORMER approaching the home turn. Mr Renault showed on the replays that rounding the home turn, Mr Williamson held the advantage on Mr Sail and Miss Tomlinson and attempted to shift Mr Sail wider on the track as was his right. He pointed out Mr Sail resisting Mr Williamson, failing to concede his position and as a result, MAJOR PERFORMER and JACK TAR locked wheels for approximately 50m, with both horses losing ground. Mr Sole stated that JACK TAR ran on after the incident to finish in 2nd place, with MAJOR PERFORMER finishing up in 4th place.

Mr Sail concurred that he had erred in failing to concede his position with Mr Williamson.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Sole produced the Respondent’s record, which indicated a warning at Timaru on 23 November 2024 for careless driving. Mr Sail, he said, was just about to start a 2 day suspension on 7 April 2025 and finishing on 11 April 2025, for striking a wheel at the Timaru Meeting on Wednesday 2 April 2025. Mr Sail’s statistics showed 132 lifetime drives, 77 last season and 33 so far this season.

Mr Sole stated that the Stewards assessed this breach as low to mid level, with the Penalty Guide providing a 3 day suspension for a second breach for low level and a 5 day second breach for mid level. He submitted that taking all factors into consideration, including the minimal consequential affects on both horses and Mr Sail’s frank admission, a 3 day suspension be considered as penalty.

The Respondent elected to make no submissions on penalty and with him already about to serve a suspension, a deferment was not an option for Mr Sail.

Reasons for Penalty:

The Penalty Guide provides a starting point of a 3-day suspension for a low range, 2nd breach and a 5 day suspension for a mid range 2nd breach of this Rule, within a 6-month period.

This Adjudicative Committee determined that the breach was low to mid-range and after taking all factors into account, including the minimal consequential effects to both runners and Mr Sail’s admission of the breach, determined a 3 day suspension was an appropriate penalty in this case.

Conclusion:

The Respondent, Mr Sail, was suspended from the conclusion of racing on 11 April 2025, up to and including 21 April 2025. Relevant meetings encompassed in this period of suspension were Methven – 13 April, Addington – 15 April and Banks Peninsula – 21 April 2025.