NZ Metro TC 17 May 2024 – R3 – Andrew Drake

BACKGROUND:

Following the running of Race 3, PI & GJ Kennard Bloodstock (Junior Drivers) Mobile Pace, Junior Driver, Andrew Christopher Drake, as the Driver of KNOCKSHANBALLY in the race, admitted that he drove carelessly in that he shifted inwards racing into the first bend when insufficiently clear of TOPAZ (Alana Cameron), which was checked and lost its rightful position.

The Respondent declined the opportunity of assistance from a senior horseperson.

Rule 869 provides:

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

       (b) carelessly

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the incident, just after the start of the 1980 metres mobile start race. He pointed out the two runners concerned – KNOCKSHANBALLY, driven by the Respondent, which had drawn barrier position 3, and TOPAZ (Alana Cameron), which had drawn 4.

Mr Renault then pointed out, shortly after the start, KNOCKSHANBALLY, racing in the one-one, shift inwards to a position 3-back on the markers ahead of TOPAZ, which was improving to its inside.  Mr Renault said that the Respondent was insufficiently clear when he did so, forcing Ms Cameron to restrain her runner and lose the position she was entitled to, and relegate her runner back one position on the markers.

The Respondent said that he agreed with Mr Renault’s assessment of the incident and had nothing to add.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent is not a regular Driver. He has had 11 drives this season and, in the 2023 season, had 13 drives. This is his first breach of the Careless Driving Rule.

The breach was mid-level, Mr Renault submitted, as Ms Cameron had lost the position to which she was entitled. The Penalty Guide suggests a starting point for penalty for a first, mid-level careless driving breach, of a $500 fine or a 2-days suspension. He said that he understood that the Respondent would prefer a suspension, which the Respondent confirmed.

The Respondent did not have a drive at the meeting of Rangiora HRC on 19 May, Drivers for which meeting have been notified, Mr Renault said. That meeting was not included in the period of suspension.

REASONS FOR PENALTY:

The Adjudicative Committee notes that the Respondent would prefer a suspension rather than a fine. A $500 fine is a significant penalty for a Junior Driver for what was a relatively minor breach. The Adjudicative Committee is satisfied that a penalty of a suspension will serve.

Mr Renault submitted that the breach was mid-level. The Adjudicative Committee’s view is that it is slightly less than that – perhaps low-to-mid. In any event, that period of suspension, as per the Penalty Guide, is the same in the case of both low-level and mid-level breaches – that is to say, 2 days.

CONCLUSION:

The Respondent, Junior Driver, Andrew Drake, is suspended from after the close of racing on 17 May 2024, up to and including 26 May 2024 – 2 days.