Kaikoura TC 4 November 2024 – R3 – Gavin Smith

BACKGROUND:

Following the running of Race 3, Smart Panel Construction Trot, Open Driver, Gavin Smith, as the Driver of PREMIUM PLAYER in the race, admitted a charge that he drove carelessly racing into the first bend by shifting inwards, checking BRIANNA (David McCormick) which broke.

Rule 869 provides:

(3)  No driver in any race shall drive:- 

    (b) carelessly

EVIDENCE:

Chief Stipendiary Steward Nigel McIntyre, showed the available video replays of the incident, shortly after the start of the 2400 metres, standing start race. He pointed out PREMIUM PLAYER, driven by Mr Smith, racing in 3rd position in the 5-horse field and one off the markers, outside the leader, THE BLOSS (Brent Borcoskie). BRIANNA was racing in 4th placing on the markers.

Mr McIntyre then showed that Mr Smith attempted to “reverse park” in behind THE BLOSS but, in the meantime, Mr McCormick had worked his way to the inside of Mr Smith, as Mr Smith was shifting down the track. Mr Smith had misjudged it slightly, Mr McIntyre said. Mr McCormick ran out of room and the horse galloped for some distance, but did not lose all chance, he said.

Mr Smith said that the replays looked worse than it felt to him at the time. When he made his move, BRIANNA’s head was not inside him and he felt he was clear. It had not helped that Mr McCormick had been chasing his horse while he was coming back. He was not expecting that on the first bend at Kaikoura. He had simply got it wrong, he said.

DECISION:

The charge having been admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Smith has had 155 drives this season and has a clear record under the Rule. He is a busy Driver. Stewards considered the breach to be in the mid-range, he said. Mr McIntyre referred to the Penalty Guide starting point of a $500 fine or a 2-days suspension. A fine in the vicinity of $400 would be appropriate, he said.

Mr Smith said that he would prefer a suspension at this time, if that suspension were to be 2 days. Mr McIntyre said that Drivers had not been notified for the Oamaru Meeting on 7 November. Mr Smith opted for a suspension to commence immediately.

REASONS FOR PENALTY:

The breach was no worse than mid-range breach. Mr Smith has eased his runner down to a position on the markers behind the leader, only to find that Mr McCormick’s runner had improved to his inside, resulting in its breaking and losing ground.

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for a first, mid-level breach of a fine or a 2-days suspension. Mr Smith has indicated that he would prefer a suspension. The breach can satisfactorily be dealt with by way of a suspension of 2 days, there being no aggravating or mitigating factors.

CONCLUSION:

The Respondent, Open Driver Gavin Smith, is suspended from after the close of racing today, 4 November, up to and including 8 November 2024 – 2 days.