NZ Metro TC 28 November 2021 – R6 – Joseph Gray

SUMMARY OF FACTS:

Driver, Joseph Gray, was charged following Race 6, Spring Back With Mediaworks Pace, that as the Driver of MOTOR MOUTH in the race, he shifted in when not sufficiently clear of CLASSEY ROBIN (Gavin Smith) which was taken inwards over pylons and forced to relinquish its position.

SUBMISSIONS:

Mr Mulcay showed video replays of the incident, approximately 400 metres after the start of the 2000 metres standing start event. He pointed out MOTOR MOUTH, driven by Mr Gray, racing 3-wide near the lead, to the outside of MISSMOLLYGOODGOLLY (Lawrence McCormick). CLASSEY ROBIN, driven by Mr Smith, was on the markers, having been inconvenienced by the breaking FULL OF DESIRE. He then pointed out Mr Smith improve along the markers and Mr Gray shift his runner down the track, following MISSMOLLYGOODGOLLY down. That runner was able to shift down onto the leader’s back, he said. In the meantime, Mr Smith had become clearly established to the inside of Mr Gray’s sulky. As a result, Mr Smith had been forced to race over an estimated 10 or 11 track markers – 100 metres or more, Mr Mulcay submitted.

Mr Gray said that he had initially thought that he was clear.

REASON FOR DECISION:

Mr Gray has admitted the charge which is found proved accordingly.

SUBMISSION FOR PENALTY:

Mr Mulcay said that the Penalty Guide prescribes a starting point for penalty for a breach of the Rule of a 10-drives suspension or a $500 fine. Mr Gray has had 27 drives to date in the current season – an average of a drive a fortnight, he said. A suspension was called for because of the distance over which Mr Smith’s runner was forced over track markers. Mr Mulcay submitted that a 5-days suspension would be appropriate, having regard to the circumstances of the breach, Mr Gray’s good record and his admission of the breach.

Mr Gray indicated that he accepted Mr Mulcay’s submission and did not wish to incur a fine. He said that he has five horses racing at the present time. He did not seek a deferment.

REASON FOR PENALTY:

The Penalty Guide suggests a starting point of a 10-drives suspension for a mid-range breach. The Committee assesses the breach as being mid-range. Mitigating factors are Mr Gray’s clear record under the Rule and his admission of the breach, and the Committee gives him credit for those factors. On the basis that he has five runners in his stable currently racing, an appropriate penalty would seem to be a 5-days suspension, as submitted by Mr Mulcay. The Committee notes that Mr Gray prefers a period of suspension over a fine.

CONCLUSION:

Driver, Joseph Gray, is suspended from after the close of racing today up to and including 12 December 2021 – 5 days. The five meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 4 December, Akaroa TC on 5 December, Oamaru TC on 8 December, NZ Metropolitan TC on 10 December and Methven TC on 12 December. Mr Gray did not seek a deferment.