NZ Metro TC 6 December 2024 – R6 – Gavin Smith
ID: RIB49096
Animal Name:
RAKERO ROCKET
Code:
Harness
Race Date:
06/12/2024
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R6
Hearing Date:
06/12/2024
Hearing Location:
Addington Raceway, Christchurch
Outcome: Proved
Penalty: Driver Gavin Smith is suspended for 4 days
EVIDENCE:
Following the running of the Race 6, the CHRISTIAN CULLEN (MOBILE PACE) (GROUP 1), Chief Stipendiary Steward Mr Nigel McIntyre presented an Information alleging a breach of Rule 869(3)(b) by Open Driver Mr Gavin Smith.
Mr Smith stated he was conversant with the Rule, the Charge and confirmed he admitted the breach.
Mr McIntyre played the video of the last 300m of the race and identified Mr Smith (RAKERO ROCKET) racing in the trail position, following DON’T STOP DREAMING (B Orange). He pointed to Mr Smith shift his horse inwards from his position, into the passing lane and strike DON’T STOP DREAMING’S nearside wheel, which deflated.
Mr Smith said his horse was charging and it just overreached and touched the wheel.
DECISION:
The Respondent having admitted the breach, the charge was deemed to be proved.
SUBMISSIONS FOR PENALTY:
Mr McIntyre said Mr Smith has had 172 drives this season and has one other charge of the Careless Driving Rule on 5 November 2024. He said the starting point for a second breach at Group 1 level, mid-range, is a 6-day suspension.
Mr McIntyre said Mr Orange notified the Stewards on returning to the stables and the protest siren was sounded. Mr McIntyre said Mr Orange stated the puncture had no bearing on the result and the Stewards chose not to proceed with a protest.
Mr McIntyre said the Stewards’ opinion is this breach is low level, but he would leave it for the Adjudicative Committee to consider if the consequences to DON’T STOP DREAMING would differ from that view.
Mr Smith made no submissions on Penalty.
REASONS FOR PENALTY:
The Penalty Guide provides a 6-day suspension starting point for a second breach of the Rule at mid-range at Group level.
The Adjudicative Committee considers Mr Orange’s statement that the flat tyre had no bearing on the result of the race, to be correct.
Mr Smith has frankly admitted the breach and the Adjudicative Committee’s opinion is this is low level carelessness and accordingly, he is suspended for 4 days.
CONCLUSION:
Driver Mr Gavin Smith is suspended from 7 December 2024, until 17 December 2024 inclusive.
Decision Date: 06/12/2024
Publish Date: 10/12/2024