NZ Metro TC 19 April 2025 – R9 – Ricky May

Following the running of Race 9, Ricoh “Racing Rewards” Mobile Pace, Open Driver, Ricky May, as the Driver of AVENGER in the race, denied a charge that he “drove carelessly passing the 125 metres when shifting outwards, checking GEM N EM (Carter Dalgety).”

Rule 869 provides:

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

    (b) carelessly

EVIDENCE:

Stipendiary Steward, Shane Renault, showed the available video replays of the incident with approximately 125 metres to run. He pointed out AVENGER driven by Mr May, racing five places back on the markers as the field turned into the home straight and GEM N EM, driven by Mr Dalgety, three places back in the one-out line.

Mr May’s runner had been improving quickly on the markers before being held up for a run. Shortly after turning for home, Mr May shifted to one-out and was again held up for a run behind the tiring HI HOPES (Seth Hill). He then shifted out further, Mr Renault alleged, in an abrupt manner and, in doing so, made contact with the sulky and hind leg of GEM N EM, which was checked.

Mr Dalgety said that he was travelling up the straight. Mr May’s runner was finishing quickly and HI HOPES, in front of it, was stopping in front of him and Mr May had nowhere to go and had to come out on him to make room. The movement was “definitely sharp”, giving him no time to react. He confirmed there was contact to his wheel and the hind leg of his horse. Asked by Mr May, Mr Dalgety confirmed that HI HOPES was stopping quickly and that his runner was unlikely to have finished in a stakes bearing placing.

Mr May began by conceding that he did “tighten up” Mr Dalgety. HI HOPES was stopping that quickly that if he had not come out, he would have run into the back of it. Mr Dalgety was never going to get any money, he submitted. Mr May posed the rhetorical question: What else am I supposed to do? He did not cause GEM N EM to gallop, he said.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Adjudicative Committee was clearly satisfied that Mr May had driven carelessly. The Adjudicative Committee accepts his assertion that his runner was held up by the tiring HI HOPES when full of running, but it does not accept that he had no other course of action but to shift out, which he did in an abrupt manner, into Mr Dalgety’s rightful running line. It is not relevant to Mr May’s guilt or otherwise, that his actions did not cost Mr Dalgety’s runner a stakes-bearing placing.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr May has had 206 drives this season and 544 last season. He has a clear record under the Careless Driving Rule. Stewards believed that the carelessness was at a low-level. Mr Dalgety’s runner’s chances had not been affected, Mr Renault said. The Penalty Guide suggests a starting point of a $300 fine or 2-days suspension, for a first, low-level breach, Mr Renault said.

Mr May said that he would prefer a fine.

REASONS FOR PENALTY:

The breach was a low-range breach. Mr May’s runner has been finishing fast and has been held up behind a tiring runner. The Adjudicative Committee acknowledges Mr May’s runner was full of running and held up, but, at the same time, the Adjudicative Committee points out to him, that the correct course of action was to maintain his line, even if it meant his horse would be unlucky. Mr Dalgety was entitled to his running line, regardless of where it was likely to finish.

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for a first, low-level breach of a fine of $300. The Adjudicative Committee is prepared to accept that there were no consequences to Mr Dalgety’s runner, which was clearly weakening. There are no relevant aggravating or mitigating factors warranting a departure from the Penalty Guide starting point.

CONCLUSION:

The Respondent, Open Driver, Ricky May, is fined $300.