NZ Metro TC 18 April 2024 – R2 – Trevor Grant

BACKGROUND:

Following the running of Race 2, Andy Clarke “Celebrates 50” Mobile Trot, Open Driver, Trevor Grant, as the Driver of GEORGE ELIOT in the race, admitted a charge that he drove carelessly in that he “shifted outwards near the 600 metres, striking the sulky wheel of BUFFY NORTHSTAINS (Sheree Tomlinson) and trotted roughly”.

Rule 869 provides:

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

       (b) carelessly

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the incident, which occurred with approximately 600 metres to race. He pointed out GEORGE ELIOT, driven by the Respondent, racing five-places back on the markers to the inside of GINAS MAJESTY (Ian Cameron), which was following BUFFY NORTHSTAINS (Sheree Tomlinson) in the one-out line.

Mr Renault then showed Mr Cameron go forward 3-wide to the outside of NATIVES INFERNO (Kyle Cameron). The Respondent improved from a position on the inside to the one-out line, following Miss Tomlinson, and attempted to shift out further to follow Mr Cameron, but got too close to the sulky of Miss Tomlinson and made contact with her outside sulky wheel, the tyre on which did not deflate, Mr Renault said. Miss Tomlinson could be seen to look around. The Respondent had misjudged, he said.

As a result of the contact, the Respondent’s runner trotted roughly and lost the position it would have had following Mr Cameron, Mr Renault said. That position was taken up by MARKTHEWARRIOR (Matthew Williamson).

The Respondent said that he should have been more decisive when he came out. He had the opportunity to push out but, being indecisive, he got “shunted” back in and had struck the tyre of Miss Tomlinson’s sulky.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 18 drives this season and had 70 drives in the 2023 season. He has a clear record under the Careless Driving Rule.

The Penalty Guide starting point for a first breach is a fine of $300, Mr Renault said. Mitigating factors were the Respondent’s frank admission and good record.  An aggravating factor is that he lost the position he was about to get. A fine of $250 would be appropriate, he submitted.

REASONS FOR PENALTY:

The Adjudicative Committee found that the breach was low-level. The RIB Harness Racing Penalty Guide provides a starting point of a $300 fine for “any time driver hits wheel (the consequences of this action go to penalty)”. No uplift to the starting point is required, there being no significant consequences to the Respondent’s own or any other runner. The Respondent has admitted the breach and has a good record, which are mitigating factors. The Penalty Guide starting point is a fine of $300. Having regard to those mitigating factors, a discount is appropriate and the Adjudicative Committee fixes that discount at $50.

CONCLUSION:

The Respondent, Open Driver, Trevor Grant is fined the sum of $250.