NZ Metro TC 25 October 2024 – R4 – Samantha Ottley

Summary of Facts:

Following the running of Race 4, the Respondent Open Driver Samantha Ottley denied a breach of Rule 869(3)(b); namely that when driving BULLIT TRAIN, she drove carelessly passing the 250m when not clear, checking FEAR AND FAITH, which broke in consequence.

The Respondent, Miss Ottley, endorsed the Information ‘I do not admit the breach of the Rule’ and confirmed she understood the Rule, her denial of the breach 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, Shane Renault, identified the horses involved in the incident namely, BULLIT TRAIN, driven by Miss Ottley, racing 3 back on the pylons as the field turned for home, with FEAR AND FAITH racing to the outside of BULLIT TRAIN. Mr Renault showed that at the 250m, Miss Ottley elected to shift out and in doing so, was not clear of FEAR AND FAITH, who was checked and trotted roughly for several strides.

Miss Ottley stated that the horse was difficult to drive and raced with an under check. She said BULLIT TRAIN tended to run in on the bends and run out in the straight. Miss Ottley said that BULLIT TRAIN was affected by the whip being used by Mr Borcoskie on THE BLOSS, who was racing immediately ahead. She said that her horse shifted out quickly and that she was attempting to keep the horse on a true line, by jerking the left rein. Miss Ottley stated that her horse was the reason that she shifted out into the line of Mr Morrison. She added that she was doing her best to avoid placing pressure on Mr Morrison.

 Reasons for Decision:

After careful consideration of the evidence presented and reviewing replays of the incident, this Adjudicative Committee is satisfied that approaching the 250m, Miss Ottley was racing 3 back on the pylons, with Mr Morrison racing racing to her outside. This Adjudicative Committee is further satisfied that Miss Ottley, when looking to improve to the outside of THE BLOSS, clearly steered her drive out into the racing line of FEAR AND FAITH, who was checked. Miss Ottley, once she realised that she was putting Mr Morrison into restricted room, turned her horse’s head inwards and relieved the pressure, albeit too late to prevent the check to FEAR AND FAITH.

Decision:

The Adjudicative Committee therefore determined that Miss Ottley had driven carelessly on this occasion and accordingly, found the charge proved.

Submissions for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record, which indicated a previous breach at Addington on 28 June 2024, where Miss Ottley received a $300 fine for striking a wheel. Miss Ottley, he stated, has driven on 601 occasions in the prior 12 months, with 225 drives since her last offence. A reset of penalty record occurs after 6 months or 200 drives, which leaves Miss Ottley with a clear record.

Mr Renault stated that the Stewards assessed the breach as low to mid and with the Penalty Guide providing a $300 fine or a 2 day suspension for a low range breach and a $500 fine and a 2 day suspension for a mid range breach, submitted that a $400 fine could be considered as penalty.

The Respondent stated that she would prefer a fine as penalty and submitted that the breach was low level.

 Reasons for Penalty:

The Penalty Guide provides a $300 fine for low level and a $500 fine for mid range initial breaches of this Rule.

This Adjudicative Committee determined that the breach was low to mid range and accordingly, adopted a $400 fine as penalty.

There were no aggravating factors to consider, therefore no uplift was warranted.

The Respondent was given credit for her good record, resulting in a discount of $50.

Conclusion:

Miss Ottley is fined the sum of $350.