NZ Metro TC 30 May 2024 – R4 – Sarah O’Reilly

BACKGROUND:

Following the running of Race 4, Woodlands Stud Mobile Pace, Open Driver, Sarah Emma O’Reilly, admitted a charge that, as the Driver of JUKEBOX GYPSY in the race, she drove carelessly shortly after the start when shifting insufficiently clear of SUPERSTAR LEGEND (Wilson House) which had to be restrained and lost its rightful racing position.

Rule 869 provides as follows:

(3)  No driver in any race shall drive:-

      (b)  carelessly

EVIDENCE:

Stipendiary Steward, Shane Renault, pointed out the two runners on video replays – JUKEBOX GYPSY, driven by the Respondent, which had drawn barrier position 2 at the 1980 metres mobile start and SUPERSTAR LEGEND (Wilson House), which had drawn inside it in the pole position.

Mr Renault said that both Drivers were driving forward in the early stages of the race. He said Mr House was urging his horse with the whip, asking it to go forward, and then had to restrain it significantly when, Stewards were alleging, the Respondent shifted in when not sufficiently clear of Mr House, forcing him to take hold of his runner and lose his rightful position.

Mr Renault submitted that the video replays showed that the Respondent was shifting from a one-out position to the markers, but was never clear of Mr House, causing him interference. It was a clear case of careless driving, Mr Renault submitted. The Respondent wanted the trail behind the leader, JUDGEMENT BAY (Sam Thornley), but was insufficiently clear and had moved down the track and tightened Mr House as a result.

Mr House said that he had been going forward and things had got “a wee bit tight for a few strides” from the Respondent shifting in. She did not make contact, but was not clear, he said. The Respondent asked Mr House if his horse was proving difficult to steer because of its running out. He said initially it was. He then said that it was clear from the replays what had happened. The Adjudicative Committee observed that the Respondent had shifted in when not clear, Mr House was forced to restrain and lost the position he would have had. Mr House agreed.

The Respondent said that it was just “spur of the moment driving” after the start. The bend was coming up, and Mr Thornley was crossing at the same time. It was a rush to get to the markers, she said. She thought that Mr House’s runner was running out, making it difficult for him. He did not run over or race inside any pylons, she said. In response, Mr Renault said that he did not believe that Mr House’s runner had contributed at all.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Adjudicative Committee was satisfied that the Respondent had driven carelessly. The Adjudicative Committee finds that she was racing outside Mr House approaching the first bend, shortly after the start, and was looking to get to the markers and trail the leader. She has misjudged her inwards movement and has crossed Mr House when not sufficiently clear, as a result of which Mr House has had to restrain his runner briefly and has lost his rightful position on the markers to the Respondent. The video replays clearly showed what had happened and Mr House, in giving his evidence to the hearing, confirmed this.

In shifting inwards when insufficiently clear and causing a check to Mr House, the Respondent has driven carelessly.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 319 drives this season and, in relation to careless driving, has a clear record. He referred to a similar breach at Timaru HRC on 30 May last, following which the Driver received a fine of $500. The breach was mid-range, he submitted. Mr House was forced to restrain his runner and he has lost his spot. The Respondent has gained a run that she was not entitled to, Mr Renault said.

Mr Renault submitted that a fine of $500 or a 2-days suspension, would be an appropriate penalty.

The Respondent indicated that she would prefer to take a fine.

REASONS FOR PENALTY:

The Adjudicative Committee was satisfied that the breach was mid-level and noted the starting point for penalty in the RIB Harness Racing Penalty Guide (February 2023) for a mid-level, first breach of the Careless Driving Rule – $500 or a 2-days suspension. The Respondent prefers a fine.

The Adjudicative Committee noted Mr Renault’s reference to the case a week earlier at Timaru, in which a Driver received a $500 fine for a similar breach. Although no reference was made by the Adjudicative Committee in that Decision, to aggravating or mitigating factors, it is likely that the fact that the Driver in that case went on to win the race, was taken into account as an aggravating factor. The Respondent’s drive in this case was unplaced and there were no consequences to Mr House’s runner, which finished second-to-last of the 13 runners.

The Respondent is entitled to a discount from the starting point for her very good driving record.

CONCLUSION:

Licensed Open Driver, Sarah O’Reilly, is fined the sum of $400.