Invercargill HRC 20 May 2023 – R7 – Denis O’Connell

ID: RIB21820

Respondent(s):
Denis O'Connell - Driver

Applicant:
Mr Vinny Munro, Stipendiary Steward

Adjudicators:
Geoff Hall

Information Number:
A17119

Decision Type:
Race Related Charge

Charge:
Careless Driving

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

Plea:
Admitted

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.

Decision 

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