NZ Metro TC 24 June 2022 – R6 – Andrew Fitzgerald

BACKGROUND:

Following the running of Race 6, NZ Amateur Drivers Championship (Heat 2) Mobile Pace, the Respondent Advanced Amateur Driver, Andrew Fitzgerald, admitted a breach of Rule 869(3)(b) in that, as the Driver of ITS A SHAWTHING in the race, he drove carelessly after 150 metres when contacting the wheel of SONGBIRD (Cheree Wigg) which broke losing ground.

The Respondent endorsed the Information “I do 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 shall in any race drive carelessly.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed a video replay of the first 200 metres of the 1980 metres mobile start race. He pointed out that, shortly after the start, ITS A SHAWTHING, driven by the Respondent, which had drawn Unruly, attempted to shift through the field but put himself in a difficult situation close to the back of SONGBIRD (Cheree Wigg), while attempting to get onto the back of that runner, and, as a result, his horse contacted the back of the sulky of that horse and broke. The Respondent had, simply, not taken action quick enough. In mitigation, Mr McIntyre said, Ms Wigg was restraining, but it was the Respondent’s obligation to avoid her.

Mr Fitzgerald said that he put himself in a situation that he could not avoid.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that the Respondent had 27 drives in the 2020/2021 extended season and, to date, this season has had 8 drives. His record under the careless driving Rule is clear. He has made a frank admission of the breach. The only aggravating factor is that his runner has lost its chance in the race, but SONGBIRD’s chances were not affected in any way, Mrs McIntyre said.

The Respondent had put himself in an awkward position but there was a horse in front that was coming back, Mr McIntyre said.

The Penalty Guide starting point for a breach of the Rule is a $300 fine, Mr McIntyre said.

REASONS FOR PENALTY:

Mitigating factors in this case are the Respondent’s frank admission of the breach and his very good record. In addition, the Adjudicative Committee accepts that Ms Wigg was easing her drive. It is an aggravating factor that ITS A SHAWTHING broke and lost its chance.

Weighing all of those factors, the Adjudicative Committee decided that a fine of $250 was appropriate.

CONCLUSION:

Advanced Amateur Driver, Andrew Fitzgerald, is fined the sum of $250.