Rangiora HRC 19 February 2022 – R8 – Jeremy Markham

Summary of Facts:

Following the running of Race 8, the Respondent Mr Jeremy Markham, admitted a breach of Rule 869 (3)(b); namely that “on the first bend you allowed your runner to shift inwards when not sufficiently clear causing your wheel to be contacted and puncture losing all chance”.

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 (3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage Stipendiary Steward Mr Paul Williams identified the horses involved in the incident namely, LILAC BECKY driven by Mr Markham and ACENTO driven by Mr Robbie Holmes. He said that approaching the first bend Mr Markham was racing 4 wide on the outside of Mr Holmes who was 3 wide. He said as Mr Markham was beginning to shift his horse inwards contact was made by Mr Holmes’ horse’s hoof puncturing Mr Markham’s near side sulky wheel.

In explanation, the Respondent stated he had felt the contact and although it was just a touch it did puncture the tyre.

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 indicated a clear record.

In mitigation, Mr Williams said that the Respondent freely admitted the breach, had been fully cooperative and combined with his excellent driving record should be afforded credit.

Mr Williams added that Stewards assessed the breach as low level and therefore a fine in the vicinity of $400 would be an appropriate penalty.

The Respondent made no submissions on Penalty.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of a 10 drive suspension or a $500 fine.

After taking into account the submissions of both the Applicant and Respondent; noting the race video and the resultant impact on the affected runner, the Adjudicative Committee assessed the breach at a low level and adopted a $400 fine as the starting point.

The Respondent was given credit for his good record and admission of the breach, the challenging drive, which Mr Markham’s horse was, described by Mr Williams as difficult, and for his cooperative and professional manner at the hearing.

After evaluating all of the factors the Adjudicative Committee determined a $300 fine to be an appropriate penalty in the circumstances of this case.

Penalty:

The Respondent was fined the sum of $300.