NZ Metro TC 9 May 2025 – R6 – Jonny Cox

Following the running of Race 6, Continental Event Hire – Superstars Championship (Mobile Start) (Group 2), Open Driver, Jonny Cox, denied a charge that, as the Driver of PINSEEKER in the race, he “failed to maintain a straight course in the run home”.

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.

The Passing Lanes, False Rails and Home Straight Regulations provide as follows:

7. Except where a driver is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.

EVIDENCE:

Stipendiary Steward Paul Williams, showed video replays of the final 200-300 metres of the race. He pointed out PINSEEKER, driven by Mr Cox, outside the leader, BEACH BALL, and taking the lead shortly after turning for home.

Stipendiary Steward Mr Williams, said that Stewards were alleging that, in the home straight, PINSEEKER had drifted out into the running line of WHO’S DELIGHT (Tim Williams) and caused some interference to that runner. Mr Williams had confirmed, post-race, that his chances had not been affected. Nevertheless, there was an obligation on Mr Cox to maintain a straight line in the home straight, Mr Williams submitted, and he has failed to do so.

Mr Williams said that Mr Cox’s runner was wide turning for home and, from that point he estimated, had shifted out a further three cart widths.

Mr Cox said that his horse wears rein prickers (to dissuade the horse from turning its head) on both sides and often drifts up the track. He was defending the charge on the basis that the horse’s outwards movement, had not affected the result of the race, he said. The Driver of WHO’S DELIGHT, Mr Williams, had said that his finishing position had not been affected and his horse was never going to finish better than 4th. Mr Cox agreed that his horse had shifted out, but did not agree that it had caused any interference. He submitted that the head-on video replay showed that he was attempting to straighten his runner.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

Mr Cox has allowed his runner to shift up the track in the home straight. Mr Williams alleged that the extent of the movement was three sulky widths. The Adjudicative Committee accepts that and Mr Cox did not argue it. WHO’S DELIGHT, which had been on the back of PINSEEKER turning for home and had been attempting to improve to the outside of PINSEEKER, was deprived of its rightful line of running and WAG STAR was racing to its outside. Although the interference was minor in degree and, the Adjudicative Committee accepts, did not affect the chances of WHO’S DELIGHT, it was interference nonetheless. The degree of interference and consequences are relative to penalty and do not amount to a defence to the charge.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr Cox has had 174 drives this season and, last season, 505 drives. He has a clear record.

The Penalty Guide starting point for penalty for a first, mid-level breach of Rule 869(4) is a 5-days suspension, Mr Williams said.

Mr Cox asked the Adjudicative Committee to consider that the breach was low-level. He wished any term of suspension to commence after the meeting of Ashburton TC on 11 May.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide’s suggested starting point for a mid-level breach of Rule 869(4) is specified to be higher than a 5-days starting point in a Group 2 Race. The Adjudicative Committee has adopted a starting point of 6 days. The breach was low-level, given that actual interference was minor, with little or no consequences. The Adjudicative Committee reduces the starting point to 5 days.

Mr Cox is a busy Driver and his record is a good one. That is a mitigating factor and, for that, the Adjudicative Committee gives Mr Cox a discount of 1 day from the adjusted starting point of 5 days.

CONCLUSION:

Open Driver Jonny Cox’s, Open Driver’s Licence is suspended from after the close of racing on 11 May 2025, up to and including 22 May 2025 – 4 days.