Invercargill HRC 25 February 2022 – R9 – Blair Orange

EVIDENCE:

At the commencement of the hearing, both Stipendiary Steward Mr Munro and Respondent Mr B Orange, agreed that the evidence given in the protest hearing Information A16036 was an accurate record of the events and neither pursued the opportunity to add any further evidence in this hearing.

The Rule reads.. Every driver who moves inwards shall ensure (a) that contact is not made with any track (b) that any part of the sulky does not protrude inside the marker line.

DECISION:

As Mr Orange has admitted the breach the charge was found proved.

SUBMISSION ON PENALTY:

Mr Munro outlined Mr Orange’s driving record which showed 16,511 life time drives, then last season, which was an extended season 1653, and this season 246. Mr Orange had no previous breaches of this Rule.

Mr Munro confirmed that Mr Orange was New Zealand’s leading and busiest Driver, and that he had an outstanding record over a long period of time. The starting point for the breach of a Rule is a four drive suspension or a fine of $200.

Mr Munro outlined there had been two previous Driver breaches in recent times under this Rule by Mr Morrison at Addington 4/02/2021 where he received a two day suspension and Mr Barclay at the Tuapeka meeting held at Ascot Park on the 24/10/2021 where he received a two day suspension. Mr Munro did not believe that either of the two Drivers’ circumstances or subsequent suspensions related to Mr Orange’s circumstances and record.

Mr Orange had no submissions on penalty.

REASON FOR PENALTY:

The Adjudicative Committee takes a starting point of a $200 fine and for the aggravating factors a further $200 is added to a fine now of $400.

A $100 reduction is imposed due to Mr Orange’s outstanding driving record over a long period of time, and no breaches under this Rule and also his admittance of the breach.

CONCLUSION:

Mr Orange is fined the sum of $300.