Rangiora HRC 3 March 2024 – R4 – Robbie Holmes

BACKGROUND:

Following the running of Race 4, JD & Lisa from Devlin Group Real Estate Pace, Open Driver, Robbie Holmes, as the Driver of SPEED WRITER in the race, denied a charge that he drove carelessly leaving the final bend when allowing his horse to shift inwards checking BUDDHA (Robbie Close) which broke.

He had endorsed the Information “I do not admit a breach of the Rule” and he confirmed this at the hearing. However, at the conclusion of the Stewards’ evidence, the Respondent elected to change his plea and admit the charge.

Rule 869 provides:

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

       (b) carelessly

EVIDENCE:

Stipendiary Steward, Matt Sole, had Steward, Shane Renault, show video replays of the incident as the field turned into the final straight. Mr Renault pointed out BUDDHA, driven by Robbie Close, racing in the trail behind the leader and eventual winner, BLAZING REACTOR (Craig Thornley). SPEED WRITER, driven by the Respondent, was racing outside the leader.

Mr Renault then pointed out that BUDDHA stumbled and broke and lost ground. Stewards were alleging that the Respondent, in driving his horse forward, has allowed it to shift inwards and crowd BUDDHA, resulting in contact being made with the hind leg of that runner with the wheel of the Respondent’s sulky, he said. BUDDHA was hanging outwards but maintaining a correct line behind the horse in front, and had not contributed to the incident, Mr Renault alleged. The Respondent had used his whip just prior to the point of contact. Both runners were hampered, Mr Renault said.

Mr Close was called to give evidence. He said that his horse had broken as a result of contact from the outside runner. He believed that he was maintaining a true course in relation to the leader and that pressure had come from the Respondent’s runner to his outside, resulting in contact and his horse breaking.

The Respondent said that he could see that Mr Close had kept his line. His mare had shifted in further than he had anticipated and had caused the interference to the Respondent’s horse. At that stage, the Respondent sought leave to change his plea. He did not wish to add anything.

DECISION:

The breach having now been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 9,459 lifetime drives – 47 drives this season and 313 drives in the 2023 season just ended. He has two previous breaches for careless driving within the 6 months reset period – on 24 September 2023 at Banks Peninsula, suspended 3 days and on 28 January 2024 at Methven, suspended 4 days.

This breach, Mr Sole said, being a third breach, calls for a natural uplift from the 4 days as provided in the Penalty Guide for a second breach. A 5-days suspension would be appropriate, Mr Sole submitted.

The Respondent requested a deferment of suspension until after the Reefton meeting on 10 March next.

REASONS FOR PENALTY:

This was quite a bad case of careless driving, with consequences to BUDDHA, who was the win and place favourite for the race. BUDDHA did recover, and recorded a good performance to run 2nd. It is likely, but impossible to say, that it would have won the race, but for the interference.

The Respondent’s record is not a particularly good one, this being his third careless driving breach within 6 months.

The RIB Penalty Guide (February 2023) provides a starting point for a 2nd breach of a 4-days suspension. The penalty for this, a 3rd breach, needs to reflect this rather poor record. Accordingly, the Penalty Guide starting point for a 3rd breach requires an uplift from the 4 days. No discount is given for the Respondent’s belated admission of the breach.

CONCLUSION:

The Respondent, Open Driver, Robbie Holmes, is suspended from after the close of racing on 10 March 2024, up to and including 24 March 2024 – 5 days.