Invercargill HRC 3 June 2024 – R8 – Brooke Fodie

ID: RIB42901

Respondent(s):
Brooke Jayde Fodie - Junior Driver

Applicant:
Mr Vinny Munro - Stipendiary Steward

Adjudicators:
Geoff Hall, Richard Smith

Persons Present:
Mr Matthew Williamson - Open Driver

Information Number:
A20895

Decision Type:
Race Related Charge

Charge:
push out

Rule(s):
869(4) - Riding/driving infringement, 869(6)(b)(c) - Riding/driving infringement

Plea:
Admitted

Animal Name:
TERRA SANCTA

Code:
Harness

Race Date:
03/06/2024

Race Club:
Invercargill Harness Racing Club

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

Race Number:
R8

Hearing Date:
03/06/2024

Hearing Location:
Invercargill

Outcome: Proved

Penalty: Junior Driver Brooke Fodie is fined $150

Mr Munro alleged that the Respondent, Ms Fodie, breached r 869(4), (6)(b)(c) in Race 8 in that when driving TERRA SANCTA, she shifted outwards near the 1100m, forcing MATAU MARIA wider on the track.

The ‘Pushout Rule’ (r 869) provides that:

(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

(6) Subject to sub-rule (4) hereof:

(a) drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement during any race shall not be forced to race wider on the track; (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

Mr Munro demonstrated the breach.  He pointed out on the race films that TERRA SANCTA driven by Ms Fodie, when approaching the 1100 metres, was racing at the back of the field with MATAU MARIA driven by Mr Cox, on her outside.  Ms Fodie shifted out and, in doing so, forced Mr Cox wider on the track prior to the 1000m.

Ms Fodie was supported by Open Driver, Mr Matthew Williamson, who made submissions in relation to the breach, pointing out it was admitted immediately, had little to no effect on the outcome of the race or on the finishing position of MATAU MARIA (some 22 lengths off the winner ULTIMATE CULLECT) and that Ms Fordie was an inexperienced Driver, having only 27 career drives. Ms Fodie commented she knew Mr Cox was on her outside.

Decision

The charge is admitted by the Respondent and is found to be proved.

Submissions for Penalty

Mr Munro produced the Respondent’s record, which was clear under this Rule (and any other Rule). He stated that the Penalty Guide provided a $200 fine for an initial breach of this Rule. He said there were no aggravating factors to consider. Mr Munro acknowledged quite properly there were matters in mitigation for Ms Fodie.

Mr Williamson reiterated that Ms Fodie was a Junior Driver and was inexperienced. She had admitted the breach and accepted her mistake.

Reasons for Penalty

The Penalty Guide establishes a starting point of a $200 fine for an initial breach of this Rule. The Adjudicative Committee determined there were no aggravating factors to consider, therefore no uplift was warranted. Mitigating factors were Ms Fodie’s clear record, inexperience, and admission of the breach. Consequently, a $150 fine was determined to be an appropriate penalty in this case.

Conclusion

Ms Fodie is fined the sum of $150.

Decision Date: 03/06/2024

Publish Date: 05/06/2024