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 approaching the first bend when allowing his horse to strike the sulky wheel of OFF THE EDGE (Alan Edge) which punctured.

Rule 869 provides as follows:

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

      (b) carelessly

EVIDENCE:

Stipendiary Steward, Paul Williams, had Steward, Shane Renault point out the incident, shortly after the start, on video replays. He showed OFF THE EDGE, driven by Mr Edge, with the Respondent in behind. At that stage, VRILO (Cheree Wigg), racing in 2nd place, shifted down to the markers to trail the leader, resulting in the Respondent being shifted in by Mr Edge. The Respondent then pulled back to ease onto the back of Mr Edge. Mr Renault then showed the clear contact as the leg of the Respondent’s runner struck the inside sulky wheel of OFF THE EDGE, which punctured.

The Respondent said his horse was a “big, strong horse”. He had taken hold trying to pull it back to get onto Mr Edge’s back but, he said, it was racing too fiercely.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that, following an admitted breach for careless driving earlier in the race, this breach was a second breach. The Penalty Guide starting point for a second breach is a 3-days suspension and, having regard to the consequences , a 3-days suspension would be an appropriate penalty for this second breach.

Mr Williams pointed out that OFF THE EDGE finished in 4th placing in the race.

The Respondent asked the Adjudicative Committee to consider that the horse is a difficult horse to drive, with which Mr Williams did not disagree.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty for a second breach of striking a wheel of a 3-days suspension “(the consequences of this action go to penalty)”. In this case, the major consequence was that Mr Edge’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. Because of the consequences to Mr Edge’s runner, a discount for those factors is not appropriate.

However, the Adjudicative Committee has looked, on a totality basis, at the outcome of this race for the Respondent. He has been charged with, and admitted, two charges of careless driving striking a wheel, which occurred within 100 metres or so of each other, just after the start. Mr Williams conceded that the horse was proving a difficult drive for the Respondent over the early stages of the race and this was apparent to the Adjudicative Committee from the video replays. To be fair, the degree of carelessness was not great in either case and the manners of the horse contributed to each. The Respondent has already incurred a fine of $300 arising out of the first incident,

The Adjudicative Committee extends some leniency to the Respondent in the circumstances. The term of suspension will be 1 month, or 2 drives.

CONCLUSION:

Licensed Advanced Amateur Driver, Barry White, is suspended from after the close of racing on 1 May 2024, up to and including, 1 June 2024 – 2 days / 1 month.