Kaikoura TC 30 October 2023 – R9 – Korbyn Newman

Summary of Facts:

Following the running of Race 9, the Respondent Junior Driver, Korbyn Newman, initially denied a breach of Rule 869(4); namely that when driving HEISENBERG he failed to maintain a straight course in the run home resulting in his runner shifting outwards checking HEY BARTENDER.

Shortly after the hearing proceeded, Mr Newman sought leave to change his plea to admitted.

The Respondent then endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(4) provides:

(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.

Home Straight Regulation 7 as follows;

7. Except where a driver is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.

Using available video footage, Chief Stipendiary Steward Mr McIntyre identified the horses involved in the incident namely, HEISENBERG driven by Mr Newman in a 4-5 wide position and inside the 200m, with HEY BARTENDER, driven by James Stormont, racing to the outside of HEISENBERG. Mr McIntyre showed Mr Newman driving HEISENBERG out over the final stages and near the 150m, he allowed his drive to shift out into the line of HEY BARTENDER. As a result, the sulky wheel of HEISENBERG made contact with the hind near leg of HEY BARTENDER, with that horse becoming unsettled and pacing roughly for several strides.

Mr Newman stated that HEISENBERG went to duck out on him and that was why he had shifted ground. He conceded that he should have maintained a straighter course over the concluding stages.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Chief Stipendiary Steward Mr McIntyre produced the Respondent’s record which was clear of any breaches of this Rule over the previous 12 months. He added that the Respondent has had 111 drives so far this season.

Mr McIntyre stated that Stewards assessed the breach as low to mid range. He stated that this was a Listed Race with the Penalty Guide providing a starting point of a 5 day suspension for a 1st breach. He submitted that a 3-4 day suspension be considered as penalty.

Mr Newman made no submissions in regard to penalty apart from requesting a deferment of penalty until after racing on 9 November at Oamaru.

Reasons for Penalty:

The Penalty Guide provides a mid range penalty starting point of a 5 day suspension for a breach of this Rule in a Listed Race.

The Respondent was given credit for his good record, admission of the breach and status as a Junior Driver.

After evaluating all of the factors, the Adjudicative Committee assessed the breach as at the low end of low to mid range and determined a 3 day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

Mr Newman’s application for a deferment of penalty until after racing on 9 November was granted.

The Respondent, Mr Newman was suspended, commencing after racing on 9 November 2023 up to and including 16 November 2023 .

Relevant meetings encompassed in this period of suspension are: Rangiora – 10 November, Addington – 14 November and Ashburton – 16 November 2023.