Northern Southland TC 9 March 2024 – R3 – Kelvin Franks

Mr Munro alleged that in Race 3, Mr Franks (MC SQUARED) drove carelessly in that he struck the wheel of RUBY SEDDON (M Hurrell) passing the 350 metres, with the tyre coming off the rim.

Mr Munro demonstrated the incident on the videos. The Respondent shifted out from behind Mr Hurrell as the field rounded the home bend for the last time and in so doing, came into contact with the off-side sulky wheel of RUBY SEDDON’s cart. The tyre eventually deflated and came off the rim. He demonstrated at the relevant time, the head of MC SQUARED went up and Mr Hurrell looked across and down at the wheel of his cart.

Mr Franks accepted the Stewards’ analysis of the video.

Decision

As Mr Franks has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Mr Franks has had 5 drives this season and 10 the last. He has had 296 lifetime drives. His record is clear under this Rule. Mr Munro identified the starting point in the Penalty Guide as being a fine of $300.

Mr Franks had nothing further to add.

Reasons for Penalty

Mr Franks has struck the wheel of Mr Hurrell when shifting ground on the home bend. The Penalty Guide provides a starting point of a fine of $300 for a first such breach. Mr Franks  has a clear record under this Rule over the past 12 months and has admitted the breach. A penalty just below the starting point is appropriate.

Conclusion

Mr Franks is fined the sum of $250.