NZ Metro TC 13 May 2022 – R10 – Robbie Close

BACKGROUND:

Following the running of Race 10, First Direct Taxis Mobile Pace, the Respondent, Driver Robbie Close, admitted a breach of Rule 869(3)(b) in that, as the driver of RON McKINLEY in the race, he drove carelessly near the 150 metres when shifting ground outwards checking MITSI GAYNOR (Carter Dalgety).

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(3)(b) provides:

No driver in any race shall drive carelessly.

EVIDENCE:

Senior Stipendiary Steward, Steve Mulcay, had Stipendiary Steward, Shane Renault, identify the runners involved in the incident. He pointed out that RON MCKINLEY, driven by the Respondent, was racing four places back on the markers as the field neared the home turn. Just after turning for home, the Respondent shifted out in search of a run. MITSI GAYNOR, driven by Carter Dalgety, was racing to the outside of RON MCKINLEY at that point. In shifting out, the latter runner made contact with the near hind leg of MITSI GAYNOR, causing that runner to be checked and pace roughly.

Mr Close said that he thought he had an advantage over Mr Dalgety to ease him out but, unfortunately, Mr Dalgety had another runner on his outside, he said.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Senior Stipendiary Steward, Steve Mulcay, said that the Respondent has a clear record under the careless driving Rule. The Penalty Guide provides for a starting point of a 10-drive suspension or a $500 fine. Mr Close is a reasonably busy driver, 6 drives tonight, and he has been driving regularly in the vicinity of 5 driveS per meeting. Stewards were seeking a 2-days suspension in this case, Mr Mulcay said.

Mr Close sought a deferment of suspension until after racing at Addington on Friday, 20 May next.

REASONS FOR PENALTY:

Mr Close has made an error of judgement when shifting his runner 0ut looking for racing room in the concluding stages of the race after having been held up back on the markers. It was a low-medium level breach but, it is fair to say, the consequences were slight as both runners, RON MCKINLEY and MITSI GAYNOR, were out of contention at the time of the incident.

In other circumstances, the Respondent could be given a discount for the mitigating factors of his good record and his admission of the breach. However, a starting point of a 2-days suspension does not realistically permit any discount.

CONCLUSION:

The Respondent, Driver Robbie Close, is granted a deferment and his Licence is suspended from after the close of racing on 20 May up to and including 22 May 2022 – 2 days. The meetings intended to be encompassed by the period of suspension are Invercargill HRC on 21 May and Rangiora HRC on 22 May 2022. The Committee accepted that the Respondent regularly drives at Southland meetings.