NZ Metro TC 9 July 2023 – R3 – Brent Weaver
ID: RIB24979
Animal Name:
Elephantintheroom
Code:
Harness
Race Date:
09/07/2023
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R3
Hearing Date:
09/07/2023
Hearing Location:
Addington Raceway, Christchurch
Outcome: Proved
Penalty: Open Driver, Brent Weaver, fined $200
BACKGROUND:
Following the running of Race 3, Bev Little Memorial Mobile Pace, Open Driver, Brent Weaver, admitted a breach in that, as the Driver of ELEPHANTINTHEROOM in the race, he “forced PACIFIC CLIPPER (Terry Chmiel) wider prior to the 1000 metres”.
Rule 869 provides as follows:
(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
EVIDENCE:
Stipendiary Steward, Shane Renault, had Chief Stipendiary Steward, Nigel McIntyre, show video replays of the incident with approximately 1100 metres to run. He pointed out ELEPHANTINTHEROOM, driven by the Respondent, racing four places back on the markers passing the 1100 metres. Racing to its outside in the one-one was TERROR MA SUE (Leo O’Reilly) and, following that runner in the one-out line, was PACIFIC CLIPPER (Terry Chmiel).
Mr McIntyre then pointed out Mr O’Reilly pull out to improve 3-wide. Mr Chmiel had got his horse’s head outside the sulky wheel of the Respondent’s runner as the Respondent moved out to into the one-out line. Mr Chmiel was forced to race wider on the track. THE GOLDEN SKIPPER (Ricky May) was 3-wide to the outside of Mr Chmiel’s runner and was forced to race 4-wide for a short distance. Mr Chmiel was able to pull back onto the back of the Respondent.
The Respondent said that it was a case of “bad timing”. He said that, had he gone a split-second earlier, Mr Chmiel’s runner may not have been up to his sulky wheel.
DECISION:
The breach is admitted and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Renault said that the Respondent is not a busy Driver. He has had 10 drives to date in the current season and, last season, had a total of 51 drives.
This type of breach is normally dealt with by way of a fine of $200, Mr Renault said, and that would be an appropriate penalty in this instance, he submitted.
The Respondent had no submission to make in relation to penalty.
REASONS FOR PENALTY:
The Adjudicative Committee noted that the RIB Harness Racing Penalty Guide (February 2023) suggests a starting point for a first offence breach of the Rule of a fine of $200. There is no basis to depart from that suggested penalty.
CONCLUSION:
The Respondent, Open Driver Brent Weaver, is fined $200.
Decision Date: 09/07/2023
Publish Date: 10/07/2023