Rangiora HRC 27 April 2025 – R9 – Nikita Burton

BACKGROUND:

Following the running of Race 9, Mainstreet Sports Bar Mobile Pace, Junior Driver, Nikita Burton, as the Driver of MIKI BENNETT in the race, denied a charge that she “drove carelessly near the 300 metres by shifting ground outwards, checking DR GACHET (Gerard O’Reilly), which broke and lost all chance”.

Rule 869 provides:

(3)  No driver in any race shall drive:- 

    (b) carelessly

EVIDENCE:

Stipendiary Steward Paul Williams, pointed out on the available video replays (two angles) the three horses involved – namely, MIKI BENNETT, driven by Ms Burton, racing four places back on the markers, DR GACHET (Gerard O’Reilly), racing to its outside three places back in the one-out line, and SHAKE A LEG (Devon Dolan), improving 3-wide to the outside of Mr O’Reilly.

He then showed Ms Burton shift off the markers and, he submitted, cause Mr O’Reilly’s runner to break. Mr O’Reilly, with Mrs Dolan to his outside, was unable to shift wider. As Ms Burton shifted out, there was contact to the wheels of the two runners and, shortly thereafter, Mr O’Reilly’s runner broke.

Mr O’Reilly said that he had been following TACT TEENA. That runner came out and he came out to follow it with Mrs Dolan outside him. At that point, Ms Burton came out inside him and the two runners “banged carts” and his runner broke. He had not pulled the hood at the time and was just beginning to move, he said. Asked by the Adjudicative Committee whether he believed that Ms Burton was in a position to come out, Mr O’Reilly said that Ms Burton’s runner was travelling better and was trying to make room. Ms Burton did not have an advantage at the time, he said.

Mr Cox submitted that, as Ms Burton came off the markers, Mrs Dolan was wheel-to-wheel with Mr O’Reilly. Mr O’Reilly was trying to hold his spot without moving with Ms Burton. There was no contact with legs and Mr O’Reilly’s horse had just galloped. The horses were racing tightly and, he submitted, the whole blame did not lie with Ms Burton. Mr O’Reilly did have room to move wider onto Mrs Dolan. Mr O’Reilly, in attempting to hold his spot, has not helped his horse’s cause. It was a “50/50 position”, he said.

Ms Burton pointed out that Mrs Dolan’s runner was “quite a bit further out”. If Mr O’Reilly had “moved with it”, his horse would not have galloped, she submitted.

DECISION:

The charge was found proved

REASONS FOR DECISION:

Ms Burton has moved her runner from a position four places back on the markers into the one out line and, in doing so, has bumped sulky wheels with Mr O’Reilly, following which Mr O’Reilly’s runner has broken.

The Adjudicative Committee is satisfied that Ms Burton has driven carelessly, in attempting to ease Mr O’Reilly out, when she did not have an advantage over his runner and when he was not in a position to be moved out because he had another runner, SHAKE A LEG, to his outside. In terms of the Shifting Ground Regulation, the Adjudicative Committee finds that Ms Burton has failed to make the move with safety and has not done so in a gradual and acceptable manner.

While Mr O’Reilly was in a position to maintain his position, the Adjudicative Committee finds that he may have been able to give Ms Burton some room, as Mrs Dolan’s runner SHAKE A LEG was racing wider on the track, and perhaps alleviate the tightening.

SUBMISSIONS FOR PENALTY:

Mr Williams told the hearing that Ms Burton is in her first year as a Junior Driver and is showing considerable promise, driving all over the South Island. She has had 30 drives and this is her first breach. He submitted that the breach was high-level, because Mr O’Reilly’s runner had lost all chance, and the Penalty Guide starting point is, therefore, a 3-days suspension.

Ms Burton required a deferment until after racing at Addington on 30 April 2025.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2025), provides a starting point for a high-level breach of a 3-days suspension. Causing another runner to lose its chance, is deemed to be a high-level breach.

In arriving at penalty, the Adjudicative Committee has adopted that starting point of 3 days. However, as stated in the Reasons for Decision, Mr O’Reilly may have been able to mitigate the damage. In addition, the Adjudicative Committee is prepared to extend some leniency for Ms Burton’s status as a Junior Driver and her inexperience.

Although the breach is deemed to be high-level because of the consequences, the degree of carelessness was not high.

Accordingly, the penalty is a 2-days suspension.

CONCLUSION:

Ms Burton’s request for a deferment is granted. Her Junior Driver’s Licence is suspended from after the close of racing on 30 April 2025, up to and including 4 May 2025 – 2 days.