NZ Metro TC 12 May 2023 – R7 – John Hay

BACKGROUND:

Following the running of Race 7, Hydroflow NZ Country Championship Final Handicap Pace (Listed Race), Open Driver, John Hay, admitted a breach in that, as the Driver of WHEELS OF FORTUNE in the race, he shifted outwards near the 2100 metres, forcing HOMEBUSH LAD (Ben Hope) wider on the track.

Rule 869 provides as follows:

(4)     No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

(6)     Subject to sub-rule (4) hereof:-

(b)  a horse during any race shall not be forced to race wider on the track;

(c)   a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, pointed out the runners on a video replay. The incident took place just as the field entered the back straight with approximately 2100 metres to run. He pointed out WHEELS OF FORTUNE, driven by the Respondent, towards the rear and on the markers at that stage. CYA  ART (Tim Williams), which had been racing to his outside, was pulled out to improve. HOMEBUSH LAD had improved to outside the Respondent’s wheel when the Respondent shifted out into the one-out line, forcing Mr Hope’s runner to race 3-wide.

Mr Hay did not wish to comment.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Chief Stipendiary Steward, Mr McIntyre, told the hearing that the Respondent has a clear record under the Rule. Previous breaches of the Rule in Group and Listed Races have resulted in fines of $300.

Mr McIntyre referred to the Penalty Guide and pointed out that the race was a Listed Race, for which the starting point is a fine of $400. However, he submitted that a fine of $300 would be appropriate.

Again, the Respondent did not wish to comment.

REASONS FOR PENALTY:

The Adjudicative Committee noted the starting point for a breach of the Rule in a Listed Race under the RIB Harness Racing Penalty Guide (February 2023) of a $400 fine. Mitigating factors are the Respondent’s good record and his admission of the breach. There were no aggravating factors, other than that Mr Hope had to progress forward after being forced to race 3-wide. For the mitigating factors referred to, the Adjudicative Committee has fixed a discount of $100 from the Penalty Guide starting point.

CONCLUSION:

Open Driver, John Hay, is fined $300.