Kaikoura TC 31 October 2022 – R8 – Samantha Ottley
ID: RIB12087
Animal Name:
Warloch
Code:
Harness
Race Date:
31/10/2022
Race Club:
Kaikoura Trotting Club
Race Location:
Kaikoura Racecourse - , ,
Race Number:
R8
Hearing Date:
31/10/2022
Hearing Location:
South Bay Racecourse, Kaikoura
Outcome: Proved
Penalty: Driver Samantha Ottley, fined $200
BACKGROUND:
Following the running of Race 8, NZB NZ Yearling Sales Series Aged Classic Handicap Pace, the Respondent, Driver Samantha Ottley, admitted a breach of Rule 869(7A)(a) in that, as the Driver of WARLOCH in the race, she “allowed that runner to strike a track marker leaving the final bend”.
Rule 869 provides:
(7A) Every driver who moves inwards shall ensure:
(a) that contact is not made with any track marker.
EVIDENCE:
Chief Stipendiary Steward, Nigel McIntyre, showed a video replay of the incident and pointed out WARLOCH, driven by the Respondent, racing three places back on the markers as the field neared the home turn, following BETTOR BELIEVE IT (Colin DeFilippi). Mr McIntyre then showed that, on the bend, the inside sulky wheel of WARLOCK struck a track marker and uprooted it.
Ms Ottley had nothing to say about the incident. She agreed that she had “just nicked it”.
DECISION:
The charge is admitted and therefore proved.
SUBMISSIONS FOR PENALTY:
Mr McIntyre said that the Respondent had a breach of the same Rule on 24 October last and was fined $100. She had gained no advantage on this occasion. A fine of $200 was appropriate, he submitted.
Ms Ottley had no submission to make in relation to penalty.
REASONS FOR PENALTY:
The breach was minor. The Adjudicative Committee agreed that Ms Ottley’s runner gained no advantage whatsoever and it is not relevant to penalty that it went on to win the race.
The Penalty Guide suggests a starting point of a $100 fine for a breach of the Rule. It is an aggravating factor that Ms Ottley has a recent breach of the same Rule on her record. She has admitted the breach, but that was inevitable as clearly shown on the video replay.
The race was a “major race” (a race with stakes of $40,000 or more) which, the Adjudicative Committee believes, is not a relevant consideration in considering penalty in the circumstances. Neither do we believe that it is relevant that Ms Ottley’s runner went on to win the race.
An uplift from the Penalty Guide starting point is required, having regard to Ms Ottley’s recent breach. We have fixed the uplift at $100.
CONCLUSION:
The Respondent, Driver Samantha Ottley, is fined the sum of $200.
Decision Date: 31/10/2022
Publish Date: 04/11/2022