NZ Metro TC 2 February 2024 – R7 – Lawrence McCormick

EVIDENCE:

Following the running of Race 7, an Information was presented by Stipendiary Steward Mr Shane Renault alleging a breach of Rule 869(3)(b) by Open Driver Mr Lawrence McCormick.

Mr McCormick stated he was conversant with the Rule, the Charge and confirmed he did not admit the breach.

Mr Renault had Stipendiary Steward Mr Vinnie Munro identify Mr McCormick on the race video racing in the 1×1 position rounding the final bend, and Miss O’Reilly (I SPY DIAMONDS) 3 wide on the outside of Mr McCormick.

Mr Renault pointed to Mr McCormick driving his horse out with the rein and whip, and said at the 250m, Mr McCormick’s horse shifts up the track and his wheel contacts Miss O’Reilly’s horse’s leg, causing it to break for a stride or two. Mr Renault said the Stewards are alleging Mr McCormick has allowed his drive to shift up the track abruptly, not allowing Miss O’Reilly time to react.

Mr McCormick used the video to explain when he shifted his horse out, its head was never turned outwards. He said 100m before contact was made, his inside rein was tight and his horse may have over reacted slightly, but said it’s not like I have driven out under Miss O’Reilly and tried to check her. Mr McCormick contended Miss O’Reilly had plenty of time to steer clear of him.

REASON FOR DECISION:

The Adjudicative Committee, on viewing the close-up video of Mr McCormick’s near side rein, which he stated was tight for some distance leading up to the interference, was of the opinion that the defence of this charge was frivolous. The only point where Mr McCormick tightened his inside rein, was as contact was made to Miss O’Reilly’s horse’s leg. Mr McCormick has driven his horse forward with little control, allowing his horse to shift up the track abruptly, leaving Miss O’Reilly no chance of avoiding the wheel of CHEEKY RED, a textbook case of careless driving.

DECISION:

The charge was found to be proved.

SUBMISSONS FOR PENALTY:

Mr Renault said Mr McCormick had driven 31 times last season and has had 10 drives in this current season. He said Mr McCormick has a clear record.

Mr Renault said Miss O’Reilly was spoken to regarding the incident and was asked if she wished to protest and she had stated that the interference had no bearing on her chances in the race. In consideration of this, Stewards viewed the breach as low level and would leave it to the Adjudicative Committee to find an appropriate penalty.

Mr McCormick made no submissions on penalty, other than ask for a suspension rather than a fine.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 2-day suspension or a $300 fine for a first breach of this Rule at low level.

The Adjudicative Committee have no objection to imposing a suspension for Mr McCormick and find 2 days as appropriate.

Mr McCormick is about to start a suspension for a different matter which will end on the completion of racing on 16 February 2024.

CONCLUSION:

Accordingly, Mr McCormick’s Licence to drive in races is suspended from the 17 February to the 22 February 2024 inclusive.