NZ Metro TC 4 August 2023 – R3 – (heard 6 August 2023 at Addington) – Robbie Holmes

BACKGROUND:

Following the running of Race 3, TK Plastering Handicap Trot, an Information was filed by Stipendiary Steward, Shane Renault, against Open Driver, Robbie Holmes, alleging that Mr Holmes, as the Driver of QUIK BARBIE, in the race “anticipated the start and breasted the barrier strand causing a delay”.

The Respondent endorsed the Information form “I do not admit a breach of the rule”. The hearing of the charge was adjourned and was heard at the meeting of NZ Metropolitan TC at Addington on 6 August 2023.

Rule 858 provides:

(1)   A Driver must not:-

       (a)  Delay the start.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the field turning into line for the 2600 metres standing start race. He pointed out QUIK BARBIE, driven by the Respondent, which had drawn barrier position 1 on the front row. The horse was standing sideways awaiting the rest of the field to turn in, Mr Renault said. Then, facing forward, the horse walked forward and made contact with the barrier. The Starter was unable to release the field, which was then turned out of line, he said.

The Starter, Ricky Donnelly, said that he was calling to the Drivers “we are waiting, waiting, waiting for one to turn”, which he repeated and then a further “hold” at which point the Respondent’s runner had breasted the tape.

Mr Donnelly said that MAD JACK, driven by Jonny Cox (drawn 4 on 10 metres) was still not in the correct position, hence he told the field to “hold”. Had he let the field go, it was possible that MAD JACK would have been denied a fair start. He did not let the field go because the Respondent was on the tape, he said.

The Respondent said the Starter had said “we are waiting for one”. Upon hearing that, he had turned his horse and proceeded to go forward. At a certain point, the mare had “taken over”. He put his foot in the footrest and tried to pull her back. He said that he thought the “waiting for one” call from the Starter was directed at his horse, number 1, drawn 1. He was unable to back his horse up, he said.

Mr Renault said that he accepted that the Respondent believed that the Starter was talking about his runner. It was the Stewards’ allegation that the Respondent had allowed his horse to go forward and, in doing so, he has allowed it to breast the barrier strand, causing a delay. When he took a hold, it was too late, Mr Renault said.

In response, the Respondent said that he had not “allowed” his horse to go forward. He still had a hold of it, he said. His horse had anticipated the start. He had done his utmost to stop it.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Stewards are alleging that Mr Holmes, by walking his runner up to the barrier strand, was anticipating the start and thereby breasting the tape, resulting in the Starter calling the field out of line to walk round and line up a second time, with the start being delayed.

The Starter, Mr Donnelly, was called to give evidence. He gave his assessment of what he saw had happened. He conceded that some confusion may have arisen in Mr Holmes’ head when he called that he was “waiting on one”. He was referring to another runner (MAD JACK, on 10 metres, driven by Jonny Cox). Mr Donnelly said that, had he let the field go when Mr Holmes’ runner breasted the tape, it was likely that MAD JACK would have been declared a late scratching, having been denied a fair start.

Mr Holmes’ runner was No.1 in the race and Mr Holmes explained that, he understood the Starter was referring to “No.1”, as in horse number 1, and he and was unaware that the starter was, in fact, referring to another runner behind him that was yet to line up.

It appeared that, once he had lined up, Mr Holmes thought that the waiting was over and allowed his runner to walk up to the barrier. It was at this point, Mr Holmes claimed, that the horse took over and continued walking up, until it breasted the tape, resulting in the Starter calling for runners to line up again and the start of the race being delayed.

The Adjudicative Committee has considered the evidence and submissions of the parties and has carefully viewed the video replay. The video replay really tells the story. It was not apparent, from the video, that Mr Holmes was unable to restrain the horse or, to use his own words, “back her up”. Mr Holmes has got his timing wrong.

The Adjudicative Committee is satisfied, therefore, on a balance of probabilities, that Mr Holmes has anticipated the start and, with the field being asked to walk around again, the start has been delayed.

Therefore, the charge of breaching Rule 858(1)(a), delaying the start, is found proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 216 drives in the current season and, last season, had 222 drives. He has a clear record under the Rule.

Mr Renault said that another Driver had been fined $250 for a similar defended breach later in the night and, for consistency, a fine in that amount would be appropriate in this case.

REASONS FOR PENALTY:

The Adjudicative Committee notes that, in a number of recent cases involving similar facts (breasting the tape and delaying the start), a common penalty has been a fine of $200.  In those cases, it has been a mitigating factor that the breach has been admitted.

In the present case, no discount for admission of the breach is applicable.  In view of that, the fine will be $250, consistent with the fine of that amount handed down to another Driver on the night for a breach of the Rule in similar circumstances.

CONCLUSION:

The Respondent, Open Driver, Robbie Holmes, is fined $250.