NZ Metro TC 17 March 2023 – R9 – Robbie Close

BACKGROUND:

Following the running of Race 9, Hydroflow Plumbing Solutions Handicap Pace, the Respondent, Open Driver Robbie Close, as the Driver of TERRY in the Race, admitted a charge that he drove carelessly when he shifted ground outwards near the 200 metres checking an outside runner.

The Respondent endorsed the information “I do admit a breach of the Rule” and he confirmed he understood the Rule and the nature of the charge.

Rule 869 provides:

(3) (b) No driver in any race shall drive carelessly.

EVIDENCE:

Stipendiary Steward, Shane Renault, had Steward, Matt Sole, show video replays of the incident shortly after the field turned into the final straight. He pointed out TERRY, driven by the Respondent, which had been racing three places back on the markers, awaiting a run. On his outside was BEACH BALL (John Morrison) and to the outside of that runner was THE FALCON (Sarah O’Reilly).

Mr Renault then pointed out that the Respondent shifted out and made contact with the hind leg of BEACH BALL, which was checked. Mr Morrison was not able to go any wider, and relieve the pressure from the Respondent, as THE FALCON was to his outside and ahead of BEACH BALL.

The Respondent did not wish to make any comment.

DECISION:

The charge is found proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 125 this season (from 1 January 2023) and, in the extended 2022 season, he had 569 drives. Mr Renault said that the Respondent has a clear record, with no breaches in his last 200 drives. The Penalty Guide starting point is a 3-day suspension, Respondent has shifted outwards, when not entitled to do so, and obtained a run that he was not entitled to.

The matter of a deferment was then discussed, with upcoming meetings being looked at. The Respondent did not seek a deferment beyond 19 March, on which date he has notified drives at the meeting of Banks Peninsula TC.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (effective 1 February 2023) provides for a starting point for penalty of a 3-day suspension for careless driving. That starting point is an appropriate penalty for this breach, given that the breach was above mid-range. Mr Morrison’s runner was checked only 200 metres from the finish and the Respondent had forced a run for his own runner. The Respondent’s record and admission of the breach have also been taken into account.

CONCLUSION:

The Respondent, Driver Robbie Close, is suspended from after racing on 19 March 2023 up to and including 26 March 2023 – 3 days.