Invercargill HRC 20 May 2023 – R7 – Denis O’Connell
ID: RIB21820
Animal Name:
Aveross Majesty
Code:
Harness
Race Date:
20/05/2023
Race Club:
Invercargill Harness Racing Club
Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810
Race Number:
R7
Hearing Date:
20/05/2023
Hearing Location:
Invercargill
Outcome: Proved
Penalty: Driver Denis O'Connell is suspended 2 days
Mr Munro alleged that Mr O’Connell (AVEROSS MAJESTY), drove carelessly near the 300 metres in Race 7, when shifting ground, making contact with GALLEONS FUTURE (Mr T Larsen), which broke.
Mr Munro demonstrated that AVEROSS MAJESTY was racing at the back of midfield  as the field approached the home bend the last time. Mr O’Connell was racing 3 wide and the horse in front of him started to trot roughly. In an endeavour to avoid being behind this horse, Mr O’Connell shifted down to the 2-wide position. Mr Larsen had moved up 2-wide and there was contact between his horse, GALLEONS FUTURE, and AVEROSS MAJESTY. GALLEONS FUTURE broke as a consequence and lost ground.
Mr O’Connell said he was not aware that Mr Larsen was there. He said he was going for an inside run and had had to take evasive action when the horse in front of him was stopping quickly.
Mr Munro responded that the Stewards accepted the horse in front of the Respondent was trotting roughly, but there were other options for Mr O’Connell, such as shifting wider on the track or taking hold. Mr O’Connell still had to be clear of other runners when shifting ground.
DecisionÂ
As Mr O’Connell has admitted the breach, it is found to be proved.
Penalty submissions
Mr Munro produced the Respondent’s record. Mr O’Connell has had 7 drives this season and 28 last season. His record is clear under this Rule.
Mr Munro described the breach as mid-range. He believed a two-day suspension was appropriate. Mr O’Connell stated that in his opinion, the breach was only worth a one-day suspension. He was only trying to avoid trouble and reiterated he was not aware Mr Larsen was there.
When upcoming meetings were identified, Mr O’Connell stated that he was intending to race at both Winton and Timaru, despite these being consecutive days. Mr Munro did not demur.
Reasons for penalty
The breach is mid-range. There was clearly insufficient room for Mr O’Connell to shift down on the track when he did, and he is frank when he says he was unaware Mr Larsen was there. It is clear he was endeavouring to avoid the horse in front which had begun to trot roughly, but as Mr Munro stated in his submission, the Respondent was not entitled to pass his bad luck in the running to another Driver.
The starting point in the Penalty Guide is a 3-day suspension. Mitigating factors are the admission of the breach and excellent record. However, Mr O’Connell’s submission that a one-day suspension is appropriate, is not accepted.
Conclusion
Mr O’Connell is suspended from the end of today’s meeting, up to and including 28 May. This is two days.
Decision Date: 20/05/2023
Publish Date: 22/05/2023