NZ Metro TC 8 April 2023 – R9 (heard 10 April 2023 at Motukarara) – Robbie Holmes
ID: RIB18406
Animal Name:
ROYDON MUSCLE
Code:
Harness
Race Date:
08/04/2023
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R9
Hearing Date:
10/04/2023
Hearing Location:
Motukarara
Outcome: Proved
Penalty: Driver Robbie Holmes is fined $200
Summary of Facts:
This was an adjourned hearing heard at the Banks Peninsula Trotting Club’s meeting on 10 April 2023.
Following the running of Race 9, the Respondent, Driver Robbie Holmes, admitted a breach of Rule 869(7A)(a), namely that ROYDON MUSCLE, driven by Mr Holmes, contacted a track marker in the run home, after anticipating a run to the inside of MAUI, near the 60m.
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(7A)(a) provides:
(7A) Every driver who moves inwards shall ensure:
(a) that contact is not made with any track marker
Using available video footage, Stipendiary Steward Mr Renault identified ROYDON MUSCLE, who contacted a track marker when racing on the pylons in the passing lane and anticipating a run on the inside of MAUI, with such run not fully available, near the 60m.
Mr Holmes elected to make no comment on the incident.
Decision:
The charge is admitted by the Respondent and is therefore deemed proved.
Submission for Penalty:
Stipendiary Steward Mr Renault produced the Respondent’s record which showed a previous 1st breach under this Rule at Ashburton on 17 January 2023, where he received a $100 fine. Mr Renault stated that Mr Holmes’ driving statistics showed 113 drives to date this season, with 222 drives last season and 102 drives since the last breach in January.
Mr Renault stated that the Penalty Guide provided a starting point of a 2-drive suspension or a $100 fine for a breach of this Rule. He submitted that as this was Mr Holmes’ second breach, a $200 fine be considered as penalty in this case.
The Respondent elected to make no submissions in regard to penalty.
Reasons for Penalty:
The Penalty Guide provides a penalty starting point of;
- 2 drive suspension or $100 fine
After evaluating all the factors, the Adjudicative Committee determined a fine to be an appropriate penalty in this case. An aggravating factor was that this was Mr Holmes’ second breach since January, therefore an uplift is warranted. That uplift is set at $100.
Conclusion:
The Respondent, Mr Holmes, was fined the sum of $200.
Decision Date: 10/04/2023
Publish Date: 13/04/2023