NZ Metro TC 20 September 2024 – R8 – Korbyn Newman

ID: RIB46384

Respondent(s):
Korbyn Thomas Newman - Junior Driver

Applicant:
Paul Williams - Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair) and Stewart Ching

Information Number:
A20792

Decision Type:
Race Related Charge

Charge:
Careless Driving Striking a Wheel

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
Fergalicious

Code:
Harness

Race Date:
20/09/2024

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:
R8

Hearing Date:
20/09/2024

Hearing Location:
Addington Raceway, Christchurch

Outcome: Proved

Penalty: Junior Driver, Korbyn Newman, is fined $200

BACKGROUND:

Following the running of Race 8, Fahey Fence Hire Mobile Pace, Licensed Junior Driver, Korbyn Newman, admitted a charge that, as the Driver of FERGALICIOUS in the race, “he drove carelessly when striking the wheel of PENNY WEIGHT (John Morrison) near the 250 metres”.

Rule 869 provides as follows:

(3)  No driver in any race shall drive:

       (b)   carelessly

Mr Newman, a Junior Driver, waived the right to be assisted at the hearing by an Open Driver.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the incident, just after the field had turned into the final straight. He pointed out FERGALICIOUS, driven by Mr Newman, racing last in the 11-horse field and on the back of PENNY WEIGHT, driven by Mr Morrison. He alleged, referring to the replay, that Mr Newman had shifted out “marginally” and the off-front foot of his runner had struck the outside sulky wheel of PENNY WEIGHT. Mr Morrison had reported to Stewards, post-race, that he had sustained a punctured tyre in the incident.

The Adjudicative Committee noted that PENNY WEIGHT had finished in 6th placing, almost 6 lengths from the winner.

Mr Newman declined the opportunity to comment.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has had 104 drives this season (137 last season) and has a clear record.  He referred to the Penalty Guide starting point for a first breach of careless driving striking a wheel of a $300 fine, but the usual penalty imposed is a $250 fine, he said. He referred to a recent case in Auckland in which a Junior Driver had been fined $200 for a similar breach, and he submitted that a similar penalty would be an appropriate penalty for this breach.

REASONS FOR PENALTY:

The Adjudicative Committee noted the provisions of the RIB Harness Racing Penalty Guide (February 2023). The starting point is a fine of $300 as stated by Mr Williams. The Penalty Guide provides that the consequences of striking a wheel go to penalty. There was no evidence of any consequences to the Respondent’s or Mr Morrison’s runner which, while it ran on well, did not threaten the placegetters. No increase to the starting point is warranted.

Mitigating factors are compelling – the Respondent’s admission of the breach, his good record and his status as a Junior Driver. For those factors, the Adjudicative Committee gives a discount of $100 from the starting point.

CONCLUSION:

Licensed Junior Driver, Korbyn Newman, is fined the sum of $200.

Decision Date: 20/09/2024

Publish Date: 23/09/2024