Northern Southland TC 18 January 2024 – R6 – Alex Milne

Mr Munro alleged that Mr Milne (CRUISING FONTANA) drove carelessly shortly after the start in Race 6 when shifting ground inwards, causing MACANDREW MARKUP (Mr Dalgety) to break and lose ground.

Mr Munro referred the Adjudicative Committee to the Shifting Ground Regulation. It provides:

“Where a horse does not have clear passage during a race the driver shall be permitted to shift ground:

1. Inwards and ease another runner down the track provided such driver is in a position to do so by having sufficient advantage over the horse about to be shifted inwards and that horse is clear of other horses to its inside so it can be moved in.

For the avoidance of doubt, the following shall apply:

The onus shall be on the driver shifting ground to ensure the move is made with safety and does not cause interference by conducting it in a gradual and acceptable manner thereby enabling the driver of the runner being moved to be able to take the necessary action to accommodate the manoeuvre.

Where interference occurs or a driver fails to concede when not in a position to maintain his/her place, the provisions of Rules 869(3) and (4) shall apply.”

Mr Munro stated that the Stipendiary Stewards had spoken to Mr Dalgety who had said there was contact with CRUISING FONTANA. Mr Milne did not dispute this.

Miss Haley demonstrated the incident on the videos (side-on, head-on and back straight). These showed that Mr Milne shifted inwards shortly after the start and came into contact with Mr Dalgety. She said that Mr Milne had not allowed enough space for Mr Dalgety.

Mr Munro said that Mr Dalgety was racing on the markers, and he did not have to cede ground to Mr Milne to allow him to slot in ahead of him. He believed Mr Milne had simply shifted in too early.

Mr Milne said Mr Dalgety could not keep up and he was a length and a half behind the horse in front. Mr Dalgety had lost contact with the leader. He did not believe his move was made sharply and added Mr Dalgety should have taken hold and ceded his position or shifted inwards.

When questioned by the Adjudicative Committee as to whether the move had been made with safety, Mr Milne responded it was safe if Mr Dalgety, who was sitting back in the cart, had had control over his horse. He believed Mr Dalgety had contributed to his horse being interfered with, stating Mr Dalgety had made his horse gallop just as much as he had made Mr Dalgety’s horse gallop.

Mr Munro summed up by stating Mr Milne had not allowed enough room when he shifted down the track. Mr Dalgety was not obliged to move his horse into the passing lane to make room for Mr Milne.

Mr Mine replied there was enough room.

Decision 

The Adjudicative Committee finds Mr Milne drove carelessly when shifting ground inwards shortly after the start and making contact with Mr Dalgety. Mr Milne has said Mr Dalgety was a length and a half behind the leading horse and there was room for him to move. The fact there was contact belies this fact and the videos evidence the gap was not as large as this. There is no onus on Mr Dalgety, who was racing on the markers, to make room for Mr Milne by taking hold of his horse or by moving into the passing lane at this stage of the race. Mr Milne has made a misjudgement in that he has made his move too early. There was insufficient room. The obligation upon Mr Milne is to make the move with safety. It was not.  The Adjudicative Committee finds the charge proved.

Submissions as to Penalty

Mr Munro produced Mr Milne’s record which evidenced 6,217 lifetime drives, 9 this season and 80 the last. The record was clear. Mr Munro assessed the breach as being mid-range in that Mr Milne had caused interference to MACANDREW MARKUP.

Mr Milne stated MACANDREW MARKUP had not been able to keep up and reiterated that Mr Dalgety should have conceded his position. He sought a deferment until after racing on 28 January.

Reasons for Penalty

The breach is mid-range. Mr Milne has shifted inwards too soon when not clear of Mr Dalgety and has caused interference to MACANDREW MARKUP. The Penalty Guide provides a 2-day suspension or $500 fine starting point. There are no aggravating factors. The starting point reflects the fact it is a first breach.

Conclusion

Mr Milne is suspended from the end of racing on 28 January, up to and including 4 February 2024. This is 2 days.