Invercargill HRC 5 June 2023 – R9 (heard 9 June at Invercargill) – Daniel Anderson

Mr Munro alleged that Mr Anderson (MCLEAN), drove carelessly near the 600 metres in Race 9, when allowing his runner to strike the sulky wheel of DURRANT (Mr Kite), resulting in the tyre puncturing.

Mr Munro demonstrated on the videos that the incident involved the last two horses in the field. Mr Anderson, who was racing behind DURRANT, shifted out to take a run to the outside of that horse and struck the outside wheel of Mr Kite’s sulky. Mr Kite can be seen on the video to immediately look down at the wheel and the tyre is flat. MCLEAN ran third; DURRANT was unplaced, but this did not appear to be the result of the deflated tyre as DURRANT was held up for room and eventually galloped free of interference.

Mr Williamson said it was only a light touch as Mr Anderson angled out for a run. It had no effect on the result of the race and was a minor breach of the Rule. He said MCLEAN had not gone rough and was a big horse with a big stride. It was unfortunate that the tyre had deflated when it was only a light touch.

Mr Anderson said he had miscalculated and had brushed DURRANT’s wheel.

Decision

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

Submissions as to Penalty

Mr Munro produced the Respondent’s record. This showed 128 lifetime drives, 48 this season and 63 last. He said Mr Anderson had shifted Stables and was getting more drives as a consequence. He had two drives on that day and sometimes had three. He had a previous breach on 19 February when he had shifted ground. The starting point in the Penalty Guide is a 3-day suspension but Mr Munro submitted the breach was low range and a lesser penalty was appropriate in this instance.

Mr Williamson emphasised that the Respondent was a Junior Driver and there was only three days left for the season. This was the first time that Mr Anderson had hit a wheel. It was an extremely minor breach, and he believed a suspension and a fine was the appropriate penalty, especially as Mr Anderson was just starting to get regular drives.

Reasons for Penalty

The breach is low end. Mr Anderson has lightly brushed the wheel of Mr Kite’s cart, which was enough to deflate the tyre. It had no effect on the result of the race. DURRANT galloped in an unrelated incident and MCLEAN did not pace roughly after hitting the wheel. The Respondent is a Junior Driver and has admitted the breach. The previous breach was not of a similar ilk and was four months ago. Taking these matters into account, the penalty is a 1-day suspension and a fine of $100.

Conclusion

Mr Anderson is suspended from the conclusion of racing today, up to and including Saturday 17 June (1 day) and fined the sum of $100.