Methven TC 10 October 2021 – R2 – Korbyn Newman

SUMMARY OF FACTS:

Mr Newman was charged after Race 2, Rakaia Seed Cleaning Mobile Pace, that as the Driver of ROLLYAAARZ in the race, when shifting ground inwards on the first bend, he allowed his runner to contact the sulky wheel of TANE J J (Jessica Young-Grant).

Mr Renault told the hearing at the outset that Mr Newman had received assistance from Open Driver, Blair Orange, prior to admitting the charge.

SUBMISSIONS:

Mr Williams showed video replays of the first 300 metres of the race. He pointed out ROLLYAAARZ, driven by Mr Newman, which had drawn the outside barrier position 9 at the 1850 metres mobile start and TANE J J, which had drawn barrier 3 on the second row.

He showed Mr Newman come across  from the outside barrier after the start and continue to come across. Mrs Young-Grant had got into the one-out line and two places back when Mr Newman attempted to ease onto her back but, in doing so, Mr Williams showed that the near front leg of ROLLYAAARZ struck the outside sulky wheel of TANE J J. Mrs Young-Grant reported that she sustained a punctured tyre in the incident, Mr Williams said.

Mr Newman said that he had struck the wheel. His horse had been racing “fiercely”, and had done so throughout the race, and he had been trying to get into the one-out line. He conceded that he needs to take more care and give himself more room.

REASON FOR DECISION:

Mr Newman has admitted the breach which is found proved accordingly.

SUBMISSIONS FOR PENALTY:

Mr Williams told the hearing that Mr Newman has a clear record. The consequences of the incident on TANE J J were hard to assess, he said, as that runner had gone on to finish 2nd in the race (beaten 1 and 3/4 lengths). He submitted that the consequential effects could be regarded as “reasonably insignificant” on that basis.

Mr Williams then referred to the Penalty Guide starting point of a $300 fine and submitted that a fine of not less than $250 would be appropriate.

REASON FOR PENALTY:

The Adjudicator noted the Penalty Guide starting point to which he was referred by Mr Williams. That is the appropriate starting point in this case, there being no aggravating factors. The consequences to Mrs Young-Grant’s horse were minimal. Mitigating factors to be considered are Mr Newman’s admission of the breach, his good record and his Junior Driver status. A discount of $50 from the starting point is given for those factors.

CONCLUSION;

Mr Newman is fined the sum of $250.