NZ Metro TC 6 October 2022 – R8 – Carter Dalgety

BACKGROUND:

Following the running of Race 8, Stevie & Steve Thank You Racing Mobile Pace, the Respondent, Junior Driver Carter Dalgety, admitted a breach of Rule 869(3)(b) in that, as the Driver of INVITATION ONLY in the race, he drove carelessly when striking the wheel of ONEDIN MIKI (Olivia Thornley) near the 550 metres.

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. He was supported at the hearing by Open Driver, John Morrison.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed video replays of the incident with approximately 550 metres to run. He pointed out, INVITATION ONLY, driven by the Respondent, racing in second-to-last position in the one-out line following ONEDIN MIKI, driven by Olivia Thornley. Mr Williams was able to point out, on a replay, the near-front leg of the Respondent’s runner strike the outside sulky wheel of ONEDIN MIKI. Miss Thornley could be seen to look down as the contact was made and the tyre of her sulky wheel deflated, Mr Williams said. He said it was “the lightest of touches”. Miss Thornley reported the incident following returning after the race.

To the Respondent’s credit, Mr Williams said, he reported the incident to the Stewards prior to their speaking to Miss Thornley.

The Respondent said that he was unlucky. His runner has such a long stride and there were no “rough steps”, he said.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent is a busy and promising Junior Driver. He has a clear record. The starting point for penalty is a 6-drives suspension or a $300 fine. A fine was appropriate in this instance, he said. It should be in the vicinity of $250, in line with recent penalties for similar breaches, Mr Williams submitted.

Mr Morrison stressed the Respondent’s good record and the fact that he had reported the incident to Stewards before being spoken to concerning it. He was only a fraction away from missing contact, Mr Morrison said.

The Respondent said the incident was not really careless driving but, rather, bad luck.

REASONS FOR PENALTY:

The Respondent has admitted a charge that he drove carelessly when striking the wheel of another runner with 550 metres to run. He has not only admitted the breach, but also has drawn it to the attention of Stewards post-race. The contact was slight, and could be seen on a close-up video replay, but was sufficient to cause the tyre of ONEDIN MIKI’S sulky to deflate.

Mr Williams told the Adjudicative Committee that the Respondent is a promising Junior Driver in his first full season of driving. He has had 105 drives this season (since 1 January 2022) and, in the 2021 season, he had 35 drives. He has a clear record under the Rule.

The Penalty Guide starting point for a medium-level breach of careless driving striking a wheel is a 6-drives suspension or a fine of $300. The breach was low-level so an appropriate starting point is $250. A suspension is not called for. There are a number of mitigating factors – the Respondent’s admission of the breach, his good record and his Junior Driver status. Those factors warrant a discount from the starting point, and that discount will be $50.

CONCLUSION:

The Respondent, Junior Driver Carter Dalgety, is fined $200.