NZ Metro TC 5 October 2023 – R8 – Jonny Cox

Summary of Facts:

Following the running of Race 8, the Respondent, Open Driver, Jonny Cox, admitted a breach of Rule 869(3)(b); namely that when driving SWEET DIAMOND he drove carelessly when shifting ground outwards into a run which wasn’t present resulting in checks to several runners.

The Respondent endorsed the Information ‘I do 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.

Using available video footage, Stipendiary Steward Shane Renault identified the horses involved in the incident namely, SWEET DIAMOND, driven by Mr Cox in a 3 wide position as the field approached the home turn, trailing SEACRACKA, driven by Ricky May, with TREACHEROUS MISS, driven by Robbie Close on the inside of SEACRACKA. Mr Renault pointed out Mr Cox attempt to take a run which was not present between SEACRACKA and  TREACHEROUS MISS and as a result, SWEET DIAMOND was placed in restricted room and eventually broke, losing all chance. Mr Renault added that TREACHEROUS MISS, CYREN SHARD and JAZZY STYX, were all hampered in this incident.

Mr Cox stated that he thought SEACRACKA was shifting into the 3 wide line and had Mr May continued on with that movement, he would have achieved a clear run.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record, which indicated a clear record. He stated the Respondent has had to date, 233 drives this season.

Mr Renault added that Stewards assessed the breach as at least mid range. He stated that the starting point for a breach of this Rule was a 3 day suspension and submitted that a suspension of no less than 3 days, be considered as penalty in this case.

Mr Cox elected to make no submissions in regard to penalty, apart from requesting that any suspension begin a soon as possible. He added that he had declared drives at the Methven Meeting on Sunday 8 October 2023.

Reasons for Penalty:

The Adjudicative Committee agreed with the Stewards and assessed the level of carelessness as mid-range. The Penalty Guide provides a mid range penalty starting point of a 3 day suspension for a breach of this Rule.

After taking all factors into consideration, including the fact that SWEET DIAMOND lost all chance with this incident and several runners hampered, as well as Mr Cox’s clear penalty record and admission of the breach, determined that a 3 day suspension was an appropriate penalty in this case.

Conclusion:

Mr Cox is suspended from the conclusion of racing on 8 October 2023 (after the Methven Meeting), up to and including 15 October 2023.

Relevant days encompassed in this period of suspension are Wyndham – 12 October, Addington – 13 October and Oamaru – 15 October 2023.