NZMTC 23 December 2022 – R9- Robbie Close

ID: RIB14079

Respondent(s):
Robbie Close - Driver

Applicant:
Paul Williams, Stipendiary Steward

Adjudicators:
Mr Stewart Ching

Persons Present:
Mr Williams, Mr Close

Information Number:
A17201

Decision Type:
Race Related Charge

Charge:
Contacting track marker

Rule(s):
869(7A)(a) - Riding/driving infringement

Plea:
Admitted

Animal Name:
FIRST CLASS

Code:
Harness

Race Date:
23/12/2021

Race Club:
Ashburton Trotting Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:
R9

Hearing Date:
23/12/2022

Hearing Location:
Addington Raceway, Christchurch

Outcome: Proved

Penalty: Driver, Robbie Close is fined $100

Summary of Facts:

Following the running of Race 9, the Respondent, Driver Robbie Close, admitted a breach of Rule 869(7A)(a), namely that FIRST CLASS, driven by Mr Close, contacted a track marker rounding the final bend.

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(7A)(a) provides:

(7A) Every driver who moves inwards shall ensure:

(a) that contact is not made with any track marker

Using available video footage Stipendiary Steward Mr Williams identified FIRST CLASS who was in the trailing position, as the field rounded the final bend. He showed FIRST CLASS strike a pylon just prior to the home straight.

Mr Close elected to make no comment on the incident.

Decision:

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

Submission for Penalty:

Stipendiary Steward, Mr Williams produced the Respondent’s record which was clear of any breaches under this Rule. He stated, however that Mr Close had been warned recently, under this Rule. Mr Williams stated that Mr Close’s driving statistics showed 538 drives to date this season with 788 drives last season.

Mr Williams stated that the Penalty Guide provided a starting point of a 2-drive suspension or a $100 fine for a breach of this Rule. He submitted that a $100 fine be considered as penalty in this case.

The Respondent elected to make no submissions in regard to penalty.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of;

  • 2 drive suspension or $100 fine

After evaluating all the factors, the Adjudicative Committee determined a fine to be an appropriate penalty in this case. In conjunction with researching historic penalties imposed and for the sake of consistency, a fine of $100 was determined the level of fine in this instance.

Conclusion:

The Respondent, Mr Close, was fined the sum of $100.

 

Decision Date: 23/12/2022

Publish Date: 13/01/2023