Hawera HRC 4 February 2024 – R2 – David Grundmann

Background:

Following the running of Race 2, the ‘Tika Cafe & Catering/IPlex Pipelines HCP Trot 2100m’ an Information was lodged alleging a breach of Rule 869(3)(b).

Details of the breach are ‘in that he allowed his runner to shift out near the 400 m when activating his deafners hampering outside runners’.

Rule 869(3)(b) provides: ‘No driver in any race shall drive .. carelessly’.

Mr Grundmann confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach. Mr Grundmann was assisted in the hearing by Mr Jay Abernethy.

Evidence:

Stewards outlined the incident using available film. Entering the home straight, EAGLE HANOVER is 1 off the fence. The Respondent is seen to release his gear. In that moment, he allows his drive to shift out, forcing those three runners to his outside over extra ground. Mr Grundmann did not offer specific comment, but did acknowledge an error in judgment.

Decision:

As Mr Grundmann had admitted the breach, it was deemed proved.

Submissions as to Penalty:

Stewards outlined the Respondent’s clear record as it relates to any breach of this Rule within the last six month reset period. It was contended that the breach was low level, whilst the Adjudicative Committee was referred to the current Penalty Guide. A low level breach first offence provides for a $300 fine or 2 day suspension. Mr Grundmann expressed preference of a fine over suspension.

Reasons for Penalty:

The breach is clearly identified through film. The actions of the Respondent, although momentary, did force the outside runners over extra ground. The breach was deemed to be low level. In setting penalty, the Adjudicative Committee remained cognizant of the Driver’s relative inexperience. A fine of $300 was deemed appropriate.

Conclusion:

Junior Driver David Grundmann is fined a sum of $300.