NZ Metro TC 17 December 2024 – R1 – Warren Frost

BACKGROUND:

Following the running of Race 1, Welcome to the Elmwood Trading Co Racenight (Amateur Drivers) Mobile Pace, Advanced Amateur Driver, Warren Frost, as the Driver of RUBY’S A DELIGHT in the race, admitted a charge that he “drove carelessly near the 500 metres by allowing his horse to shift out and strike the sulky wheel of FOVEAUX GAMBLER (Cheree Wigg) resulting in his runner checking trailing horses, with Kevin McClintock (EVIDENTLY) being dislodged”.

Rule 869 provides:

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

    (b) carelessly

EVIDENCE:

Stipendiary Steward, Matt Sole, had Stipendiary Steward, Shane Renault, show a video replay of the incident, near the 500 metres. He pointed out RUBY’S A DELIGHT, driven by Mr Frost, racing in the trail behind the leader, STICKIFINGERS (Michael House), passing the 600 metres. FOVEAUX GAMBLER (Cheree Wigg) was racing outside the leader.

Mr Sole then showed that RUBY’S A DELIGHT shifted out and contacted the sulky wheel of STICKIFINGERS and galloped briefly, going back on PRIDES CONTESSA (Alan Beecroft), which had been following RUBY’S DELIGHT, which galloped and broke. Mr Frost had been attempting to activate gear, Mr Sole said. In attempting to avoid the skirmish, and in a break, PRIDES CONTESSA shifted out and made heavy contact with EVIDENTLY (Kevin McClintock) which dislodged its Driver. Also suffering interference was FAST ACE (Dan Roberts), which had been following PRIDES CONTESSA.

Mr Sole said that the incident has taken place as a result of Mr Frost’s lack of control while attempting to activate gear. He was not steering the horse at the time and, as a result, it has shifted out and made contact with the sulky wheel of FOVEAUX GAMBLER.

Mr Frost said that he admitted that his runner had shifted out but, he submitted, FOVEAUX GAMBLER had been shifting in and out just prior to the incident, and had moved in as he moved out. It had got tight and his runner had recovered quickly. He believed that Mr Beecroft had no control of his horse as it was galloping and FAST ACE, behind, had not left the markers even though it had galloped. Mr Frost added that he had only moved out slightly. Mr Sole submitted that FOVEAUX GAMBLER had been racing in a normal, one-out position. The onus is on the Driver of the horse shifting out to exercise care, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that Mr Frost has had 16 drives in the current season. He has received a warning, but his record is clear. He submitted that the relevant provision in the Penalty Guide is that of careless driving causing a fall – a suggested starting point of 4-weeks suspension. Such a suspension would not be meaningful in the case of an Amateur Driver and an uplift is therefore required, he submitted. He suggested that a meaningful penalty would need to be “a lengthy suspension”, and he left it to the Adjudicative Committee to determine the length of the suspension.

Mr Frost said that he wished any suspension to commence immediately.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) suggests a starting point for penalty for careless driving striking a wheel (“the consequences of this action go to penalty”) of a $300 fine. The Penalty Guide goes on to provide a starting point for careless driving causing a fall, of a 4-weeks suspension. The Adjudicative Committee considers that the more appropriate starting point for the present breach is the latter.

This is a case in which the degree of carelessness is low-level, but the consequences were high. Mr Frost’s outward movement was slight, but the consequences were that the chances of three runners were extinguished and, worse, that one Driver was tipped from the sulky onto the track, in what was a nasty incident. The Stewards’ Report states: “Mr McClintock was attended to by St John Ambulance Paramedics before being transported to hospital for further assessment”.

Clearly, a 4-weeks suspension in the case of an Amateur Driver, would be manifestly inadequate for this breach, having regard to the usual calculation, based on one drive per fortnight for an Amateur Driver. There is no precedent to assist in this case. A term of suspension of 4 months would involve an Amateur Driver in, potentially, up to 8 drives, although any calculation will always be arbitrary.

The Adjudicative Committee acknowledges that Mr Frost will, as a result of this suspension, be unable to drive in the two races in Central Otago Meetings in early January, which is something of a highlight for South Island Amateur Drivers.

The Adjudicative Committee has determined that, having regard to all factors, a penalty of a 4-months suspension is appropriate.

CONCLUSION:

Mr Frost’s Licence to drive in races is suspended from after the close of racing on 17 December 2024, up to and including 17 April 2025 – 4 months.