NZ Metro TC 5 February 2026 – R1 (heard 8 February 2026 at Methven) – Warren Frost

Following the running of Race 1, HRS Construction (Amateur Drivers) Mobile Pace, Advanced Amateur Driver, Warren Frost, as the Driver of HES SANTAS EXCUSE in the race, admitted a charge that he “drove carelessly when contacting the back of a breaking runner near the 350 metres”.

Rule 869 provides:

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

    (b) carelessly

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed the available video replays of the incident with approximately 350 metres to run. He pointed out HES SANTAS EXCUSE, driven by Mr Frost, improving along the markers to three places back in the 11-horse field, as the field neared the home turn. He then showed the runner in front of it, FOVEAUX GAMBLER (Cheree Wigg) break. Mr Frost who, at that stage, was some 10 metres behind that runner, continued to “rein up” and slap his runner with the rein, before running into the back of the cart of FOVEAUX GAMBLER. That horse had been in a gallop for approximately 90 metres, Mr McIntyre said

Mr Frost said that, before the incident, he had been trying to encourage his runner to “get it going” and looking to see whether it had been hitting its knees, which it has a habit of doing. He was focusing on that, and did not see FOVEAUX GAMBLER breaking, he said. He had also looked to his outside to see other horses, he said. He had not seen FOVEAUX GAMBLER breaking, he said, until it was too late. He conceded that it did not look good.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Frost had made a frank admission of the breach at the first opportunity. He referred to the Penalty Guide starting point – a $500 fine or a 2-days suspension. Mr Frost had expressed a preference for a suspension, he said, and he added that a 2-days suspension would be an appropriate penalty for what, he submitted, was a mid-level breach.

Mr Frost confirmed that he preferred a suspension, the term of which could commence immediately.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) suggests a starting point for penalty for a first, mid-level careless driving breach of a $500 fine or a 2-days suspension. The Adjudicative Committee agreed with Mr McIntyre, that this breach was a mid-level one. Mr Frost had a clear record under the Rule.

The breach was the result of Mr Frost not paying attention, and it was fortunate that there were little or no consequences of his inattention on this occasion.

There are no relevant aggravating or mitigating factors. Mr Frost has a clear record from only a small number of drives (1 this season and 4 in the 2025 season). His admission of the breach was inevitable. The Adjudicative Committee could see no reasons for departing from the Penalty Guide starting point of a 2-days suspension. In the case of an Amateur Driver, that is a period of 4 weeks.

CONCLUSION:

Mr Frost’s Advanced Amateur Driver’s Licence is suspended from after the close of racing on 8 February 2026, up to and including 8 March 2026 – 4 weeks.