NZ Metro TC 1 May 2024 – R1 – Barry White

BACKGROUND:

Following the running of Race 1, Garrards (Amateur Drivers) Mobile Pace, Licensed Advanced Amateur Driver, Barry Graham White, admitted a charge that, as the Driver of TEDDY BAKER in the race, he drove carelessly shortly after the start when allowing his horse to strike the sulky wheel of VRILO (Cheree Wigg), which punctured.

Rule 869 provides as follows:

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

      (b) carelessly

EVIDENCE:

Stipendiary Steward, Paul Williams, showed video replays of the first few hundred metres of the race, a 1980 metres mobile start. He pointed out TEDDY BAKER, driven by the Respondent, which had drawn barrier position 3, and VRILO (Cheree Wigg), which had drawn barrier position 2. Mr Williams said that Ms Wigg had reported a punctured sulky tyre to Stewards after the race.

Mr Williams had Stipendiary Steward, Shane Renault, show the incident on video replays. After the start, a number of runners went forward and he showed the Respondent asking his horse to go forward, 3-wide, before deciding to attempt to get in behind Ms Wigg. As he took hold of his runner, he shifted inwards and made contact with the outside sulky wheel of Ms Wigg’s runner, the tyre of which punctured. He pointed out that Ms Wigg had looked down and to her right as contact was made.

The Respondent said that OFF THE EDGE (Alan Edge), which had drawn barrier position 4, was starting to come across and he, the Respondent, was trying to restrain his runner, which was pulling hard, and get on Ms Wigg’s back.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has a clear record under the Careless Driving Rule. The Penalty Guide starting point for a first breach is a $300 fine. The consequences of the Respondent’s carelessness were that Ms Wigg’s runner sustained a punctured tyre early in the race, which did not aid its chances, he said. The Respondent had gone on to win the race, he said. VRILO had finished in 5^th placing.

In the circumstances, a $300 fine would be appropriate, Mr Williams submitted.

The Respondent declined the opportunity to make any submission in relation to penalty.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty for striking a wheel of a $300 fine “(the consequences of this action go to penalty)”. In this case, the major consequence was that Ms Wigg’s runner was required to drag a punctured tyre for almost the entire race. Clearly, its chances were affected by that.

While the Respondent would normally be entitled to a discount from the starting point for his good record and admission of the breach, those factors must be offset against the consequences referred to.

A fine in line with the Penalty Guide starting point is appropriate.

CONCLUSION:

Licensed Advance Amateur Driver, Barry White, is fined $300.