NZ Metro TC 13 May 2022 – R3 – Alan Clark

BACKGROUND:

Following the running of Race 3, SENZ – NZ  2YO Trotting Stakes (Group 3), Driver, Alan Clark was charged that, as the Driver of THE FIERY COUNTESS in the race, he drove carelessly in that, near the 1400 metres, he allowed his horse to contact the sulky wheel of PATRICK SWAYZE and break, losing all chance.

The Respondent endorsed the information ”I do admit the charge” 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:

Using available video replays, Senior Stipendiary Steward, Steve Mulcay, identified the horses involved in the incident – namely, THE FIERY COUNTESS, driven by the Respondent, and PATRICK SWAYZE, driven by Jim Curtin.

Mr Mulcay said that THE FIERY COUNTESS had paced and galloped in the score-up in the 1980 metres mobile start event, losing considerable ground. Mr Clark was able to make up the leeway entering the front straight. He demonstrated on the video replays that Mr Clark had improved to get on the back of PATRICK SWAYZE, before shifting inwards and, in doing so, the off-front leg of his runner made contact with the inside wheel of the sulky wheel of PATRICK SWAYZE. This resulted in THE FIERY COUNTESS breaking and losing its chance.

Mr Mulcay submitted that the Respondent did not appear to be having any undue difficulty, and his filly appeared to be racing in a normal manner, before Mr Clark turned its head and looked to shift to the inside of the line of the other five runners, which were racing in an orthodox single file, he said.

Mr Clark had been making up the lost ground in a “steady manner” and his filly was not proving difficult, Mr Mulcay submitted.

The Respondent said that, until tonight’s Race,  his filly had been wearing removable deafeners. He had removed them for this Race in an attempt to get her to try harder. She got above herself in the score-up and had to be broken up, losing ground. Catching up, she had grabbed the bit and he thought that  she might try to climb into Mr Curtin’s sulky, he said, so he pulled her to the inside and she clipped the wheel. He pointed out on the replay that she is a filly that throws that foot out, which may have accentuated hitting the wheel. She also wears a “jawbreaker “ as she is not an easy horse to steer and wears a pole on the near side. He said that he had quite a strong hold on her, before pulling her to the inside, which he did more to save Mr Curtin.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Mulcay said that the Respondent has a clear record. The Penalty Guide provides a starting point for penalty of a 6-drive suspension or a $300 fine. The Race, although a Group 3 was not a “major race” (a race with stakes of $40,000 or more) for the purposes of penalty.

Mr Mulcay submitted that the breach warrants a suspension of 6 drives, or 4-6 weeks, based on the frequency with which Mr Clark drives. Mr Clark submitted that this would be excessive having  regard to the extenuating circumstances that he had referred  to. He did not require a deferment.

The Committee noted that the Respondent has had 9 drives in the current season (from 1 January 2022) and, last season, had a total of 17 drives.

REASONS FOR PENALTY:

This breach is medium-level. Mr Mulcay correctly submitted that the Penalty Guide starting point for such a breach is a 6-drive suspension or a $300 fine. We agree that a suspension is called for in this case. THE FIERY COUNTESS broke and lost  all chance.

We have calculated a 6-drive suspension, in this case, on the basis that the Respondent would possibly have one drive per week in upcoming weeks. We have given the Respondent a discount of 2 drives from the 6-drive starting point for his record and admission of the breach. On that basis, the Committee has determined that the appropriate period of suspension is 1 month.

CONCLUSION – PENALTY:

The Respondent, Driver Alan Clark, is suspended from after the close of racing on 13 May up to and including 13 June 2022.