Methven TC 14 April 2024 – R11 – Carl Jack Markham

BACKGROUND:

Following the running of Race 11, Doug McCormick Memorial ANZAC 18,000+ Handicap Trot, Open Driver, Carl Markham, as the Driver of DD’S SUPER STUART in the race, admitted that he “drove carelessly rounding the first bend when shifting inwards when not clear of LIVING THE MOMENT (Jonny Cox) which broke after contacting the wheel”.

Rule 869 provides:

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

       (b) carelessly

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the incident, which occurred approximately 300 metres after the start of the 2400 metres standing start race. He pointed out DD’S SUPER STUART, driven by the Respondent, progressing forward 3-wide past LIVING THE MOMENT, driven by Jonny Cox, which was in the one-out line.

He then showed that the Respondent shifted his runner down into the one-out line when not quite clear of Mr Cox’s runner. There was contact as the off-front leg of Mr Cox’s runner struck the sulky wheel of the Respondent’s runner. This could be seen on the head-on video replay, and the contact caused Mr Cox’s runner to break and lose ground before recovering its gait and settling midfield. It suffered interference, Mr Renault said, but did not lose its chance.

The Respondent said that he had “misjudged it a little bit”. The gap was coming as the runner in front (LOVEY DOVEY NOVA, driven by Terry Chmiel) was going to the lead, he said.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 7 drives this season and 33 drives in the 2023 season. He has a clear record under the Careless Driving Rule.

Stewards saw the breach as being mid-level, Mr Renault said. Mr Cox’s runner had been affected, but had not lost all chance. The Penalty Guide starting point for a mid-level, first breach is a fine of $500 or 2-days suspension, Mr Renault said.

The Respondent told the Adjudicative Committee that he would prefer a suspension to a fine.  A suspension period of 2 days would be appropriate in that case, Mr Renault submitted.

REASONS FOR PENALTY:

The Adjudicative Committee agreed that the breach was mid-level. A mid-level breach is defined as “where the breach causes interference which impacts on own or another horse’s chances”. There was some interference to Mr Cox’s runner, but not terminal. The RIB Harness Penalty Guide (February 2023) starting point for a mid-level, first breach is a $500 fine or 2-days suspension.

The Respondent has expressed a preference for a suspension, and the Adjudicative Committee is satisfied that the breach can be dealt with by way of a suspension.

The Adjudicative Committee acknowledges the mitigating factors – good record and admission of the breach – but a 2-days suspension is a minimum penalty.

CONCLUSION:

The Respondent, Open Driver, Carl Markham, is suspended from after the close of racing on 14 April 2024, up to and including 19 April 2024 – 2 days.