Oamaru HRC 2 February 2023 – R5 – Gavin Smith

ID: RIB15480

Respondent(s):
Gavin Smith - Driver

Applicant:
Mr Vinny Munro, Stipendiary Steward

Adjudicators:
Geoff Hall

Information Number:
A13898

Decision Type:
Race Related Charge

Charge:
contacting a track marker

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

Plea:
Admitted

Animal Name:
RUSH

Code:
Harness

Race Date:
02/02/2023

Race Club:
Oamaru Harness Racing Club

Race Location:
Oamaru Racecourse - Highway 1, Oamaru North, Oamaru, 9494

Race Number:
R5

Hearing Date:
02/02/2023

Hearing Location:
Oamaru

Outcome: Proved

Penalty: Driver Gavin Smith is fined $100

Mr Munro alleged that Mr Smith (RUSH) contacted the track marker prior to the passing lane in Race 5.

Evidence

Mr Munro demonstrated on the videos that Mr Smith struck the last track marker before the passing lane. Mr Smith was in the trail and the inside wheel of the cart hit the peg. Mr Smith said RUSH had drifted in.

Decision

As Mr Smith has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Munro said Mr Smith had been warned in January some 21 drives ago with respect to this Rule. Mr Smith has had 45 drives this season and 272 the last, and his record is clear under this Rule.  He submitted a $100 fine as per the Penalty Guide was the appropriate penalty. Mr Smith stated the lesser penalty the better.

Decision as to Penalty

The breach is low end. It is an error of judgement on Mr Smith’s part, and it has not affected the result of the race. Having regard to all the circumstances, a fine of $100 is imposed.

Conclusion

Driver Gavin Smith is fined $100.

Decision Date: 02/02/2023

Publish Date: 08/02/2023