NZ Metro TC 23 June 2023 – R7 – Samantha Ottley

Summary of Facts:

Following the running of Race 7, the Respondent Samantha Ottley, Open Driver, admitted a breach of Rule 869 (3)(f) in that whilst driving TEDESCO, she drove improperly in the early stages by improving her position in the passing lane, resulting in her runner gaining an advantage.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule and the nature of the charge.

Rule 869(3)(f) provides:

(3) No driver in any race shall drive;

(f) improperly.

Home Straight Regulations provide;

3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position. Any horse which does so may be disqualified, or relegated under Rule 869A and the driver shall be in breach of Rule 869(3)(f).

7. Except where a driver is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.

Using available video footage, Stipendiary Steward Mr Williams identified Miss Ottley’s drive, TEDESCO, shift down into the passing lane shortly after the start, and improve its position in the race when it was not entitled to, under the Home Straight Regulations, as described above. This charge, he said, was a result of the protest which was upheld under Rule 869A, and as a result, TEDESCO was disqualified from 4th pace.

Miss Ottley made submissions that the charge of improper driving was not appropriate, given the circumstances.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submission for Penalty:

Stipendiary Steward Mr Williams produced the Respondent’s record, which indicated a clear record in regard to this Rule.

Mr Williams stated that the Penalty Guide provided an 8 day starting point for a mid range breach of this Rule. He submitted that after taking all factors into consideration, a 5 day suspension could be considered as penalty in this case.

The Respondent stated that even a 5 day suspension seemed excessive, and submitted a 3 day suspension be considered.

The Respondent did not seek a deferment to any proposed suspension.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of:

• 1st offence-8 day suspension

After taking into account the submissions of both the Applicant and Respondent, the Adjudicative Committee assessed the breach as low level and adopted a 6 day starting point.

The Respondent was given credit for her good record and admission of the breach, resulting in a combined 2 day discount from the starting point. There were no aggravating factors to consider, therefore no uplift warranted.

After evaluating all of the factors, the Adjudicative Committee determined a 4 day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent was suspended from the conclusion of racing on 25 June 2023, up to and including 9 July 2023. Relevant meetings encompassed in this period are Addington – 30 June, Addington – 2 July, Addington – 7 July and Addington – 9 July 2023.