NZ Metro TC 28 June 2024 – R5 – Donald Morrison

BACKGROUND:

Following the running of Race 5, an Information was filed by Stipendiary Steward, Shane Renault, alleging that the Respondent, Driver Donald Morrison, breached Rule 869(6)(c) in that, as the Driver of OUR PEGUSUS PEARL in the race, he shifted outwards near the 1400 metres forcing FEARLESS wider on the track.

Rule 869 (the Pushout Rule) provides that:

(6)  Subject to sub-rule (4) hereof:

(a)  drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;

(b)  a horse making a forward movement during any race shall not be forced to race wider on the track;

(c)  a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

The Respondent admitted the breach and endorsed the Information accordingly.

EVIDENCE:

Stipendiary Steward, Shane Renault showed a video replay of the race as the field approached the 1400m, with a round to go. He pointed out PEGUSUS PEARL, driven by Mr Morrison, racing 4 back on the pylons with FEARLESS, driven by Ricky May, in the one-one racing to the outside of Mr Morrison. Shortly thereafter, Mr Morrison shifted out when Mr May was on Mr Morrison’s wheel, forcing FEARLESS 3 wide on the track, before restraining onto Mr Morrison’s back.

The Respondent said that Mr May made the breach look worse by over reacting.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had this season (from 1 January 2024), 7 drives. The Penalty Guide starting point for a breach of the Rule is a fine of $200. Mr Renault stated that Mr Morrison sought a suspension as penalty, which the Stewards did not object to, and submitted that a 2 day suspension be considered as penalty in this case, if suspension was determined as the penalty.

Mr Morrison confirmed that he sought a suspension as penalty and did not seek a deferment.

REASONS FOR PENALTY:

The Penalty Guide starting point for an initial breach of the Pushout Rule is a $200 fine. The Respondent has a clear record and has admitted the breach, which are mitigating factors. There are no aggravating factors to consider. Mr Morrison’s submission for a suspension as penalty was considered and with the Stewards having no objection to this form of penalty, it was determined that a suspension was appropriate.

After consideration, a 2 day suspension was deemed appropriate in this case.

CONCLUSION:

The Respondent, Driver Donald Morrison, is  suspended from the conclusion of racing today, 28 June 2024, up to and including 7 July 2024. Race days encompassed in this period of suspension are 5 July – Addington and 7 July –  Addington.