NZ Metro TC 12 July 2024 – R5 (heard 14 July 2024 at Addington) – Wilson House

Summary of Facts:

This was an adjourned hearing heard at the NZMTC Meeting at Addington on 14 July 2024.

Following the running of Race 5, the Respondent Junior Driver Wilson House admitted a breach of Rule 869(3)(b); namely that when driving WARLOCH, he drove carelessly passing the 1100m when not clear, checking KOWHAI NUGGET, which broke in consequence.

The Respondent, Mr House, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule, his admission of the breach and the nature of the charge. Mr House informed the Adjudicative Committee that he was comfortable to represent himself at the hearing.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward Shane Renault identified the horses involved in the incident namely, WARLOCH, driven by Mr House, racing 4 back on the pylons with KOWHAI NUGGET, driven by Ricky May, racing in the 2 wide line and to the outside of WARLOCH. Mr Renault showed on the replays, that near the 1100m, Mr House shifted out into the rightful line of KOWHAI NUGGET, who was positioned on the wheel of WARLOCH, which resulted in that horse being placed in restricted room, having to check and eventually breaking momentarily.

Mr House stated he thought he was clear, but conceded that he was in breach of the Rule.

Decision:

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

Submissions for Penalty:

Mr Renault produced the Respondent’s record, which indicated a clear record in regard to this Rule for Mr House’s career drives of 994 to date.

He said that the Stewards assessed the breach as mid range, with the Penalty Guide providing a $500 fine or 2 day suspension for a mid range initial breach of this Rule, where the breach causes interference which impacts on own or another horse’s chances.

In mitigation, Mr Renault said that the Respondent freely admitted the breach and combined with his excellent record and status as a Junior Driver, credit should be considered.

The Respondent submitted that a fine would be preferred as penalty.

Reasons for Penalty:

The Penalty Guide provides a starting point of a $500 fine or a 2-day suspension for a mid range, initial breach of this Rule, where the breach causes interference.

This Adjudicative Committee agreed with the Stewards and determined that the breach was mid-range.

There were no aggravating factors to consider, therefore no uplift was warranted.

The Respondent was given credit for his excellent record, frank admission of the breach, status as a Junior Driver, and the fact that KOWHAI NUGGET only broke momentarily, resulting in a combined discount of $100.

After evaluating all of the factors, the Adjudicative Committee determined a fine of $400 to be an appropriate penalty in the circumstances of this case.

Conclusion:

Mr House is fined the sum of $400.