NZ Metro TC 16 July 2023 – R1 – Kevin McClintock

Summary of Facts:

Following the running of Race 1, an Information was filed by Stipendiary Steward Paul Williams, alleging the Respondent, Amateur Driver, Kevin McClintock, breached Rule 869(6)(c) in that when driving RAGING ON, he forced FRANCO HOFFMAN wider on the track near the 1100m.

The ‘Pushout Rule’ (r689) provides that:

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

(a) drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement 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.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

The Respondent admitted the breach and endorsed the Information accordingly.

Stipendiary Steward Mr Williams used the available race films to demonstrate the breach. He pointed out Mr McClintock 5 back on the pylons, trailing RUBY’S A DELIGHT, with FRANCO HOFFMAN positioned behind Mr McClintock, in the 2 wide line. Mr Williams showed that near the 1100m, RUBY’S A DELIGHT, shift out from the pylons position to a two wide position. Mr McClintock, he said, followed RUBY’S A DELIGHT out to a two wide position and in doing so, forced FRANCO HOFFMAN, who was improving on Mr McClintock’s outside, forcing that horse out into the 3 wide line.

Mr McClintock elected to make no submissions in regard to the breach.

Decision:

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

Submission For Penalty:

Stipendiary Steward Mr Williams produced the Respondent’s record, which was clear.

He submitted that a $200 fine or a 3 day suspension, be considered as penalty in this case.

Mr McClintock submitted that he would prefer a fine as penalty.

Reasons For Penalty:

The Penalty Guide establishes a $200 fine or a 3 day suspension for an initial breach of this Rule.

After evaluating the evidence and submissions, the Adjudicative Committee determined the breach could appropriately be dealt with by way of a fine commensurate with the Penalty Guide .

Accordingly, Mr McClintock is fined the sum of $200.

Conclusion:

The Respondent is fined $200.