Manawatu HRC 16 November 2021 – R7 (heard 18 November 2021 at Manawatu) – Brendan Towers

ID: RIB5933

Respondent(s):
Brendan Towers - Driver

Applicant:
Mr P Williams - Stipendiary Steward

Adjudicators:
Mr N McCutcheon (Chair), Mr B Mainwaring

Persons Present:
Mr P Williams (Stipendiary Steward), Mr K Coppins (Stipendiary Steward), Mr B Towers

Information Number:
A17258

Decision Type:
Adjudicative Decision

Charge:
Careless Driving

Rule(s):
869 (3) (b) - Careless Driving

Plea:
Admitted

Animal Name:
Silver Lady

Code:
Harness

Race Date:
16/11/2021

Race Club:
Manawatu Race Club

Race Location:
Manawatu Raceway - Pioneer Highway, Palmerston North,

Race Number:
R7

Hearing Date:
18/11/2021

Hearing Location:
Manawatu Raceway

Outcome: Proved

Penalty: Driver Brendan Towers is fined $200

SUMMARY OF FACTS:  The Information alleged … B Towers – Silver Lady – drove carelessly shortly after the start when striking the wheel of Hampton causing his own horse to break.

The hearing of the charge was held over from race day. At the outset of the hearing Mr Towers confirmed that he understood the Rule and admitted the breach.

Film of the incident was presented. Shortly after the start of the race Silver Lady is seen to over race. The film was slowed to show the point of contact where the right leg of Silver Lady strikes the wheel of Hampton (Mr Bryan Taylor). Silver Lady broke however Hampton was not unduly affected by the strike.

When asked for comment Mr Towers noted that Silver Lady had ‘caught him out’ and that she had ‘grabbed the bit’. This was in contrast to how she had behaved when he drove her at her last start – Manawatu Raceway November 8th 2021. He added  that Mr Doody (Trainer) had instructed him to seek cover in the race.

REASON FOR DECISION: Mr Towers admitted the breach therefore the charge was deemed proved.

SUBMISSION FOR PENALTY: Mr Williams referred to the Penalty Guidelines for a breach of this type which provides for a 6 drive suspension or $300 fine. Given the low level nature of the breach he recommended a fine of $200 to $250.  Mr Towers commented that he had been driving since 1993 and had no recollection of a previous careless driving charge.  Annually he has 10 to 20 drives.

REASON FOR PENALTY: A breach of the Rule was admitted and demonstrated. The Committee concur with the assertion of the Applicant in that the incident represents a low level breach. A fine of $200 is deemed appropriate.

CONCLUSIONS: Mr Towers is fined a sum of $200.

Decision Date: 18/11/2021

Publish Date: 22/11/2021