Methven TC 3 December 2023 – R6 (heard 16 January 2024 at Ashburton) – Devon van Til

BACKGROUND:

Following the running of Race 6, Gluyas Motors (Junior Driver) Mobile Pace, an Information was filed alleging that Junior Driver, Devon van Til, as the Driver of KNOCKSHANBALLY in the race, “failed to take all reasonable and permissible measures to ensure her gelding was given full opportunity to win or obtain the best possible and/or finishing place by persisting with a challenge for the lead during the middle stages”.

The Information was filed with the Adjudicative Committee on the Raceday and adjourned. The hearing of the charge took place at the meeting of Ashburton TC at Ashburton Raceway on 16 January 2024.

The charge was read to the Respondent, following which she indicated that the charge was admitted. She had earlier endorsed the Information “I do admit a beach of the Rule”.

The Respondent, a Junior Driver, was assisted at the hearing by Open Driver, John Dunn.

Rule 868 provides:

(2)   Every driver shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.

EVIDENCE:

Stipendiary Steward, Matt Sole, showed a video replay of the 2300 metres mobile start race for Junior Drivers. He pointed out KNOCKSHANBALLY, driven by the Respondent, leave the gate well from barrier position 5 and settle in the one out, one back position behind TAKEMYBREATHAWAY (Riley Harrison).

On the turn into the straight, just prior to the 1600 metres, the Respondent eased the horse out from that trailing position, activated the hopple shorteners and moved to a position outside the leader, TOWER OF LOVE (Jordan Simpson), to challenge for the lead. The horse was slow to respond. She activated the removable hood just prior to the winning post (1200 metres). Her horse was unable to cross the leader and the Respondent continued to drive the horse until approximately the 1000 metres when it commenced to weaken. (The Adjudicative Committee noted that the horse finished last of the 14 runners, 74 lengths from the winner).

Mr Sole said that it was the concern of the Stewards that, after it became clear that she could not cross Mr Simpson, the Respondent had persisted with her challenge for some distance, in excess of 400 metres. It was not a concern, he said, that the Respondent had left her trailing position to make a challenge, but rather the distance over which that challenge went on.

Mr Dunn said that the Respondent’s pre-race instructions had been to lead, if possible, because the horse has won from the front in the past – in its previous start on the track on 1 November 2023. The horse has proved to be a “staying type”. The speed of the race had “backed off” at the point at which she made her challenge for the lead, he submitted. He agreed that the Respondent had challenged for too far, while the leader was still under a hold. It was not a “speed duel” situation, he said. The horse ought not to have stopped as it did.

The Respondent confirmed that she had been told to lead if possible, and that the horse had won from in front as recently as early November, three starts ago. Her horse had not responded and could not get to the lead. She admitted that she had gone on for too far. She should have been more aware of the distance, she said.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that the Respondent has had 1 drive this season and, in the season just completed, had 88 drives (lifetime 250). To be expected, she has a clear record under the Rule, he said.

The Penalty Guide starting point is a suspension of 7 days for a mid-range breach, Mr Sole said. He submitted that there should be a discount from that starting point for the Respondent’s clear record and her admission of the breach. Mr Sole also made reference to the penalty given to another Junior Driver at a recent meeting at Westport of a 6-days suspension for a similar, but more serious, breach of the Rule. He submitted that a 5-days suspension would be an appropriate penalty for this breach.

The Respondent indicated that she wished the commencement of any suspension to be deferred until after the meeting of NZ Metropolitan TC on 26 January 2024.

REASONS FOR PENALTY:

The Adjudicative Committee noted the starting point under the RIB Harness Racing Penalty Guide (February 2023) – a 7-days suspension. The breach is low-level and the Adjudicative Committee has taken a reduced starting point of 6 days. There are no aggravating factors. Mitigating factors are the Respondent’s frank admission of the breach, her good record and her Junior Driver status. For a combination of those factors, the Adjudicative Committee is able to give a discount from the reduced starting point. The discount is fixed at 1 day.

Accordingly, the penalty is to be a suspension of 5 days.

CONCLUSION:

The Respondent’s application for a deferment of suspension is granted.

Her Junior Driver’s Licence is suspended from after the conclusion of racing on 26 January 2024, up to and including 9 February 2024 – 5 days.