NZ Metro TC 26 April 2024 – R3 – Brent Weaver

Following the running of Race 3, Respondent Open Driver, Brent Weaver, denied a breach of Rule 858(1)(a), namely that as the Driver of DANCE MONKEY, he delayed the start by completing an extra circle once the field had addressed the barrier strand.

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 858(1)(a) provides:

A driver must not:-
(a) Delay the start.

Using available video footage, Stipendiary Steward Mr Renault identified DANCE MONKEY, driven by Mr Weaver, who had drawn 5 on the front line and preparing for the start, angling inward and walking forward to allow more room for the outside runners, as were all the other horses drawn inside him. As the start was about to be made, he said, a runner with a gear issue was being attended to and held the start up momentarily. Mr Renault then pointed out Mr Weaver continue across the front of the inside runners and complete an extra circle, delaying the start of the race.

Mr Weaver stated that when the start was momentarily held up by the runner requiring a gear adjustment, he was walking forward with the other runner on an angle inwards, but his horse wanted to keep moving forward and grabbed the bit. He said this was the reason he had no option but to complete another circuit. He added that the runner with the gear issue, created this issue, by initially holding up the start.

Reasons for Decision:

The Adjudicative Committee carefully reviewed the replays and considered the evidence presented. It is clear that when the runners were being lined up to start, the inside horses were angling inwards to allow more room for the outside runners.

It is also clear that Mr Weaver has allowed his horse to walk forward further than the other front line horses, possibly in anticipation of the start being made. This Adjudicative Committee has found that had Mr Weaver showed more effort in restraining his horse into its correct position for the start, he may not have had to complete an extra circuit, delaying the start.

The Adjudicative Committee finds that Mr Weaver is the cause of the delay to the start and is therefore in breach of the Rule.

Decision:

The charge is found proved.

Submissions for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record, which showed a clear record. Mr Renault stated that Mr Weaver’s driving statistics showed 7 drives to date this season, with 16 drives last season.

Mr Renault stated that breaches of this Rule were normally dealt with by the Minor Infringement System, with a fine of $200. He submitted that a fine commensurate with the MIN system be considered as penalty in this case.

The Respondent elected to make no submissions in regard to penalty, apart from stating that if there had not been a slight delay to the race with the gear on another runner needing attention, this incident would not have occurred.

Reasons for Penalty:

The Penalty Guide under the MIN system provides a $200 for a first offence of this Rule.

This Adjudicative Committee has determined that there is no reason to deviate from the standard fine under the MIN system, being a fine of $200.

After evaluating all the factors, the Adjudicative Committee determined a $200 fine to be an appropriate penalty in this case.

Conclusion:

The Respondent, Mr Weaver, was fined the sum of $200.