Invercargill HRC 21 April 2024 – R7 – Robbie Close

ID: RIB41305

Respondent(s):
Robbie Dean Close - Driver

Applicant:
Miss Rebecca Haley - Stipendiary Steward

Adjudicators:
Geoff Hall, Matt Conway

Persons Present:
Mr Shane Renault - Stipendiary Steward

Information Number:
A20881

Decision Type:
Race Related Charge

Charge:
Forcing horse over track marker

Rule(s):
869(7A)(c) - Riding/driving infringement

Plea:
Admitted

Animal Name:
POST PAINTER

Code:
Harness

Race Date:
21/04/2024

Race Club:
Invercargill Harness Racing Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R7

Hearing Date:
21/04/2024

Hearing Location:
Invercargill

Outcome: Proved

Penalty: Driver Robbie Close is fined $400

Miss Haley alleged that Mr Close (POST PAINTER) shifted inwards near the 350 metres in race 7 forcing FIRST LIGHT over the track markers.

Mr Munro demonstrated on the videos that Mr Close was racing one out at the rear of the field when RUBY ROE (Mr N Williamson) weakened. Mr Close chose to shift inwards and to take a run to the inside of that horse, which was coming back quite quickly. In so doing, he forced FIRST LIGHT (Mr Hurrell), which had been racing on the markers, over five track markers. POST PAINTER finished 5th.  FIRST LIGHT finished 2nd last, just in front of RUBY ROE.

Mr Close said he believed at the time, there was enough room between RUBY ROE and FIRST LIGHT for him to continue to improve. He said RUBY ROE was tiring and coming back on to him, and he had moved to get out of the way. He was not aware Mr Hurrell was there.

Decision

As Mr Close has admitted the breach, it is found to be proved.

Submissions as to Penalty

Miss Haley produced the Respondent’s record which shows that Mr Close has had 191 drives this season and 532 the last. He has had 5105 lifetime drives. His record is clear under this Rule. The starting point in the Penalty Guide for a breach of this Rule in a Listed or Group Race is a fine of $400. She submitted an uplift to $500 was appropriate for the fact the race was a Group Two.

Mr Close said he believed a fine of $400 was appropriate, as the breach did not affect the finishing position of FIRST LIGHT.

Reasons for Penalty

The Adjudicative Committee believes the breach is mid-range. Mr Hurrell has been forced over 5 markers, but Mr Close found himself in a difficult position when RUBY ROE retreated as quickly as she did. However, his inwards movement to avoid the weakening horse, was to the detriment of FIRST LIGHT, which was entitled to be racing on the markers.

The Penalty Guide provides a starting point of a fine of $400 for a first such breach in a Group or Listed Race, with an uplift if it is a Group One or Two. There is a $100 uplift for the fact the race is a Group Two and a $100 discount for Mr Close’s clear record under this Rule and his admission of the breach.

Conclusion

Mr Close is fined the sum of $400.

Decision Date: 21/04/2024

Publish Date: 24/04/2024