NZ Metro TC 1 May 2024 – R7 – Ross Houghton

BACKGROUND:

Following the running of Race 7, Faulks Investments Mobile Pace, Open Driver, Ross Leonard Houghton, as the Driver of VISCOUNT BANNER in the race, denied a charge that he shifted inwards racing into the first bend and struck the sulky wheel of FLYING FOR ME.

Rule 869 provides:

Rule 869 provides as follows:

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

      (b) carelessly

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the early stages of the race. He pointed out the horses involved – VISCOUNT BANNER, driven by the Respondent had drawn barrier position 7 at the 1980 metres mobile start and FLYING FOR ME had started from Unruly 2.

Mr Renault showed the Respondent ease back after the start, and FLYING FOR ME improve on his inside and pass him. After Mr Reardon went past him, the Respondent took hold of his horse and attempted to shift down onto his back. Mr Renault then pointed out the near front leg of VISCOUNT BANNER clearly strike the outside wheel of Mr Reardon’s sulky and the horse “stumble” and lose ground and lock wheels briefly with a following runner, CHAMPAGNE NEN (Ricky May).

On the head-on video replay, Mr Renault showed that there was “minimal movement” from Mr Reardon’s runner and alleged that the Respondent had shifted in when not sufficiently clear.

The Respondent asked for the head-on replay to be shown to the hearing. He submitted that Mr Reardon’s runner had moved out at the point that contact was made. Mr Reardon had come out to get onto the back of THE WELSH DRAGON (John Dunn), he submitted. He thought that his runner had hit a knee.

The Respondent called Mr Reardon to give evidence to the hearing. Mr Reardon said that he did not feel any contact being made with his sulky wheel. He said that he was trying to shift out onto the back of THE WELSH DRAGON (John Dunn) and what happened was “simultaneous”.

Mr Williams said that Stewards believed that the obligation was on the Respondent when, shifting ground, to not strike a wheel. The Respondent had shifted in when not sufficiently clear of Mr Reardon.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Respondent has eased after the start from his wide barrier draw to get closer to the markers. FLYING FOR ME, driven by Mr Reardon, has improved from its Unruly draw to the inside of the Respondent, and has passed him. The Respondent has then eased his runner in an attempt to get onto the back of Mr Reardon, but he has left himself insufficient room and has contacted the sulky wheel of Mr Reardon’s runner.

The Adjudicative Committee is comfortably satisfied that the Respondent, in doing so, has driven carelessly and, therefore, finds the charge proved.

The Adjudicative Committee did not find that Mr Reardon’s runner contributed to the incident by shifting out. The evidence given by both the Respondent and Mr Reardon was unconvincing. The Adjudicative Committee preferred the evidence of the Stewards, which was supported by the video evidence.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has had 16 drives this season and, last season, had 18 drives. At Rangiora HRC on 3 March last (11 drives ago), he was suspended for 2 days for careless driving for causing his own horse to break.

The Penalty Guide starting point for a second careless driving breach is a 3-days suspension, Mr Williams said. Stewards were submitting that would be an appropriate penalty for this breach.

The Respondent declined to make any penalty submission, but asked for a deferment of any term of suspension until after the meeting of Rangiora HRC on 5 May.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide suggests a starting point for a second breach of careless driving striking a wheel, of a 3-days suspension. It provides “the consequences of this action go to penalty”. In this case, there were no significant consequences to either of the Respondent’s runner or CHAMPAGNE NEN.

There are no other relevant aggravating or mitigating factors warranting an uplift or discount from the Penalty Guide starting point of a 3-days suspension.

CONCLUSION:

Licensed Open Driver, Ross Houghton, is suspended from after the close of racing on 5 May 2024, up to and including,12 May 2024 – 3 days.