NZ Metro TC 8 May 2024 – R3 – Devon Louise Dolan

BACKGROUND:

Following the running of Race 3, Tyre General – Canterbury Plains Challenge Series (Heat 9) Mobile Pace, Licensed Junior Driver, Devon Dolan, admitted a charge that, as the Driver of FERNZ GOLDY in the race, she drove carelessly near the 800 metres when allowing her horse to strike the sulky wheel of SARGENT BEST (Charlotte Williamson) which punctured.

Rule 869 provides as follows:

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

      (b)  carelessly

EVIDENCE:

Stipendiary Steward, Matt Sole, had Steward, Shane Renault, point out the two runners on video replays – SARGENT BEST, driven by Mrs Williamson, racing 4-places back in the one-out line, with FERNZ GOLDY, driven by the Respondent, racing on its back in 3rd-to-last position.

Mr Renault then showed the Respondent shift away from the back of Mrs Williamson to improve passing the 800 metres. He pointed out Mrs Williamson look around, and he said that she later reported a punctured tyre to Stewards. The Respondent was not quite clear when shifting ground, Mr Renault said.

The Respondent admitted that she had struck the wheel. She confirmed that she heard the contact, but did not realise until later that she had punctured the tyre.

The horse does not usually pull out and go. She usually has to “scrub it up”, she said. The horse travelled better tonight and she needed to have taken of a hold, she said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that the Respondent has had 28 drives this season and 88 last season. She has a previous breach dating back to 26 November 2023 at Banks Peninsula, just within the 6-months reset period, making this a second breach, he said. The Penalty Guide starting point is a 3-days suspension which, Stewards submitted, was an appropriate penalty.

The Respondent said that she was aware that a suspension would normally follow this breach. She pointed out that her record was within 18 days of being reset. She said that she would appreciate it if the Adjudicative Committee would consider a fine. She has important drives coming up over the next two weeks, she said, and as a Junior Driver, such opportunities are limited. Even a deferment would mean that some of those drives would be affected. A suspension would deprive her of those opportunities.

REASONS FOR PENALTY:

The Adjudicative Committee noted the starting point for penalty in the RIB Harness Racing Penalty Guide (February 2023) for a second breach of the Careless Driving Rule – a 3-days suspension.

The Adjudicative Committee decided that a fine should be imposed in this case, rather than a suspension. First of all, the degree of carelessness was low, involving a slight error of judgement on the part of the Respondent. Secondly, the Respondent’s record is about to be reset and is not a bad one. Finally, the Respondent is a Junior Driver and the Adjudicative Committee accepts her submission that drives are difficult to get. She stated that she has some important drives coming up. Having regard to all of those factors, the Adjudicative Committee considers it appropriate to extend some leniency by imposing a fine rather than a suspension. That fine will be as per the starting point for a first breach – that is to say, $300.

CONCLUSION:

Licensed Junior Driver, Devon Dolan, is fined the sum of $300.