NZ Metro TC 23 March 2022 – R5 – Jeremy Markham

Summary of Facts:

Following the running of Race 5, the Respondent Mr Jeremy Markham, denied a breach of Rule 869 (3)(b); namely that “you drove carelessly when shifting ground outwards when insufficiently clear of MILS MCARDLE which broke near the 350 metres.

The Respondent endorsed the Information ‘I do not admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage Stipendiary Steward Mr Paul Williams identified the horses involved in the incident namely, LILAC BECKY driven by Mr Markham and MILS MCARDLE driven by Mr Robbie Holmes. He pointed to the two horses racing at the rear of the field. He showed Mr Markham shift outwards checking Mr Holmes’ horse which broke.

Mr Williams stated Mr Holmes was interviewed and confirmed contact was made and was the cause of his horse breaking stride.

Mr Markham demonstrated on the video his horse trying to take the gap to its outside earlier but he managed to prevent it from moving out. He said as the race progressed and there became more room, his horse took the gap itself and pointed to him attempting to straighten it. He said his horse was travelling very well and Mr Holmes’ horse was struggling which didn’t help the incident.

Reasons for Decision:

The Adjudicative Committee in viewing the shift outwards by Mr Markham and the contact made, which was undeniable and supported by Mr Holmes, found it a clear case of Careless Driving.

Decision:

The charge, therefore, is deemed proved.

Submission for Penalty:

Stipendiary Steward Mr Williams produced the Respondent’s record indicating a breach of the Rule on 19th February 2022 which resulted in a fine of $300.  The Respondent has had 12 drives this season and 53 in the previous season.

Mr Williams added that Stewards assessed the breach as low range and therefore a suspension of 3 days would be an appropriate penalty.

The Respondent made no submissions on Penalty.

.Reasons for Penalty:

The Penalty Guide provides a penalty starting point.

• 2nd breach within 6 months – 3-day suspension

After taking into account the submissions of both the Applicant and Respondent, noting the race film and the resultant impact on the affected runner(s), the Adjudicative Committee assessed the breach as low range and adopted a 3-day suspension as the starting point.

After evaluating all of the factors the Adjudicative Committee determined there were no reasons to depart from the Penalty starting point and that a 3-day suspension to be an appropriate penalty in the circumstances of this case.

Penalty:

The Respondent was suspended from the conclusion of racing on 25th March 2022 up to and including racing on the 3rd April 2022.