NZ Metro TC 28 July 2022 – R1 – Alan Edge

Summary of Facts:

Following the running of Race 1, the Respondent Mr Alan Edge denied a breach of Rule 869 (3)(b); namely that Mr Edge drove carelessly passing the 250m when striking the wheel of ROCK’N KIWI which caused the tyre to deflate and come off the rim.

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.

Evidence:

Using available video footage Stipendiary Steward Mr Renault with the assistance of Mr Williams identified the horses involved in the incident namely, ROCK’N KIWI driven by Ben Laughton and CAB CALLOWAY driven by Mr Edge. He pointed to CAB CALLOWAY who was following ROCK’N KIWI in the running line. He slowed the video to show the near-side tyre of ROCK’N KIWI’s sulky fully inflated approaching the 250m. Mr Renault then zoomed in on the near side hoof of CAB CALLOWAY and pointed to the alleged contact and shortly after pointed to the tyre and tube depart from the rim of ROCK’N KIWI’s sulky.

In explanation, the Respondent stated the video evidence wasn’t conclusive. He said he hadn’t heard a sound and his horse made no adjustment in its gait. He said he had experience with horses touching wheels and he was unconvinced that he had driven carelessly in this case.

Reasons for Decision:

The Adjudicative Committee on viewing the videos was certain contact was made. There was a deviation of CAB CALLOWAY’s hoof as it touched the outside of ROCK’N KIWI’s near side sulky wheel. The video also clearly shows two strides later the tyre deflates and in an instant, the tyre and tube roll off the rim.

Decision:

The charge is found proved.

Submission for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record which indicated a clear record. Mr Renault said in most admitted cases a concession would be afforded to Mr Edge for a good record and admission. He said in this case Mr Edge has denied the breach which nullifies his mitigation. He said a fine of $300 would be an appropriate penalty in this case.

The Respondent made no submissions on penalty.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of 6 drives or $300.

After taking into account the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner, the Adjudicative Committee assessed the breach as medium and adopted a $300 fine as the starting point.

There were no aggravating or mitigating factors to consider departing from the starting point

After evaluating all of the factors the Adjudicative Committee determined a $300 fine to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent was fined the sum of $300.