Hawera HRC 4 February 2024 – R4 – Rhys Fensom

Background:

Following the running of Race 4, the ‘Rough Habits Restaurant and Bar Mobile Pace 2000m’ an Information was lodged alleging a breach of Rule 869(3)(b).

Detail in respect of the breach is as follows: ‘In that he shifted his filly inwards entering the first turn and tightened “Exhilarate” (T Hanara) down onto ‘Pennys First Flight” (S Abernethy) which broke with resultant interference to trailing runners’.

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

Mr Fensom confirmed that he understood and admitted the breach.

Evidence:

Using film, Stewards identified the incident. RESURRECTION drew 4  and demonstrated gate speed. Approaching the first turn, the Respondent looked to cross to the front and pegs. In doing so, the horse was insufficiently clear of EXHILARATE, who was tightened down onto PENNYS FIRST FLIGHT, who in turn broke, causing significant interference to other runners including MISS WOODVILLE (A Pyers) and IGETAKICKOUTOFYOU (M Purvis).

Decision:

As the breach was admitted, it was deemed proved.

Submissions as to Penalty:

Stewards outlined the Respondent’s clear record as it relates to a breach of this Rule. Stewards contended that it was a clear breach at the high range. The  Adjudicative Committee was referred to the current Penalty Guide. Mr Fensom advised that any suspension imposed could take effect immediately.

Reasons for Penalty:

The incident is clearly identified by film. The Adjudicative Committee determined that the breach was high range. The ‘Driving Definitions’ as outlined within the HRNZ changes effective 1 November 2023, provide for a high level breach being where the interference results in own or another horse losing all chance.  The Penalty Guide provides for a 3 day suspension high range first breach. This penalty was deemed appropriate .

Conclusion:

Mr Fensom’s Licence to drive is suspended for 3 days from the close of racing 4 February 2024, up to and including, 15 February 2024. Meetings include Auckland Trotting Club – 9 February 2024 and Manawatu Harness –  13 February 2024 and 15 February 2024.