NZ Metro TC 11 June 2023 – R1 (heard 25 June 2023 at Addington) – Jo-ann Buckland-Stevens

Summary of Facts:

This was an adjourned hearing from the NZ Metro Trotting Club’s meeting on 11 June 2023, heard at the NZ Metro Trotting Club’s meeting on 25 June 2023.

Following the running of Race 1, the Respondent, Jo-ann Buckland-Stevens, Amateur Driver, admitted a breach of Rule 868(2); namely that when driving CLASSIE LANE, she failed to take all reasonable and permissible measures near the 350m, when allowing her drive to shift inwards, which resulted in the horse being held up.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule and the nature of the charge.

Ms Buckland-Stevens was supported at the hearing by Licensed Trainer Bruce Negus, Trainer of CLASSIE LINC.

Rule 868(2) provides:

(2) Every driver shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.

Using available video footage, Stipendiary Steward Matthew Sole identified CLASSIE LINC, who drew the outside in a mobile start off the 1980m. He pointed out CLASSIE LINC racing in the one out line, trailing OLIVE COOK (BS Peisley) for most of the event. Mr Sole then showed CLASSIE LINC improving on the back of OLIVE COOK, as the field approached the home turn. He pointed out Ms Buckland-Stevens rounding the home turn and approaching the 350m, activate the horse’s gear and then shift inwards, looking for racing room. Mr Sole then showed CLASSIE LINC race into restricted room, eventually locking wheels momentarily with another runner, which clearly held the horse up and affected its opportunity to finish in a higher placing. CLASSIE LINC, he said, eventually finished in 4th place. Mr Sole stated that Ms Buckland-Stevens erred by shifting down the track in an endeavor to find racing room and should have stayed wide on the track, where there was obvious full opportunity for the horse either on the outside, or as it turned out, inside of OLIVE COOK.

In explanation, the Respondent stated that rounding the home turn, she activated the horse’s gear and at that moment, CLASSIE LINC ducked in, after which she continued on shifting down looking for racing room. She admitted that she should have driven to instructions from Mr Negus, which was to come to the outside on the home turn to give the horse every opportunity to win.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submission for Penalty:

Stipendiary Steward Mr Sole produced the Respondent’s record which indicated a clear record.  The Respondent has had 10 drives this season, with 24 drives the previous season.

Mr Sole stated that the starting point for a breach of this Rule was a 7 day suspension. He submitted that Ms Buckland-Stevens’ initial denial of the breach caused a delay that could look convenient, as this gave her opportunity to carry on driving in the Amateur Drivers Championship, which finishes today. He said her eventual admission of the breach and good record, balances against this fact and submitted that an 8 day suspension be considered as penalty.

The Respondent submitted, through Mr Negus, that her initial denial of the breach should not be held against her eventual admission, which was after reviewing the films and taking advice. He added that Ms Buckland-Stevens made an error of judgement, on the short priced favourite, which he believes cost CLASSIE LINC the win. Mr Negus submitted that Ms Buckland-Stevens should be given credit for her eventual admission and her good record, when assessing penalty in this case.

The Respondent did not seek a deferment to any proposed suspension.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of a 7 day suspension for a breach of this Rule.

Aggravating factors are, as submitted by Mr Negus, CLASSIE LINC would probably have won the race, had Ms Buckland-Stevens opted to improve on the outside, as per her instructions from the Trainer, Mr Negus. Unfortunately, her misjudgment resulted in CLASSIE LINC running into restricted room and locking wheels with another runner, eventually finishing in 4th place. For this aggravating factor, an uplift is warranted and set at 1 day. Mitigating factors are Ms Buckland-Stevens’ good record and her eventual admission of the breach. It may have seemed convenient to deny the breach initially and then change her plea, as this has given Ms Buckland-Stevens the opportunity to drive out the Amateur Drivers Championship series, but on this occasion, the Adjudicative Committee accepts Ms Buckland-Stevens’ reasoning.

The Adjudicative Committee determined, however, that the admission of the breach, albeit at a later date, is a mitigating factor. That factor, combined with her good record, warrants a discount which is set at 1 day.

It is therefore determined, that a 7 day suspension is an appropriate penalty in this case.

Conclusion:

The Respondent, Ms Buckland-Stevens is suspended from the conclusion of racing today, 25 June 2023, for a period of 14 weeks, this being calculated at 1 drive per 2 weeks, as standard for Amateur Drivers, up to and including 1 October 2023.