Rangiora HRC 3 March 2024 – R7 – Ross Houghton

BACKGROUND:

Following the running of Race 7, North Canterbury Trials & Workouts Committee Mobile Pace, Open Driver, Ross Houghton, as the Driver of  EXECUTIVE BANNER in the race, admitted that he drove carelessly near the 300 metres by shifting ground when not in a position to do so, resulting in his horse breaking.

Rule 869 provides:

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

       (b) carelessly

EVIDENCE:

Stipendiary Steward, Matt Sole, had Steward, Shane Renault, show a video replay of the incident, with approximately 350 metres to run. He pointed out EXECUTIVE BANNER, driven by the Respondent, racing five places back on the markers. He also pointed out BALTIMORE JILL (Blair Orange) racing in the parked position and WHITE STAR ORLANDO (Carter Dalgety) racing three places back in the running line.

Mr Renault showed that BALTIMORE JILL was beginning to weaken. The Respondent came off the markers into the one-out line, with that runner stopping in front of him. The Respondent was travelling well, but was held up and then shifted out from behind DON JUAN to the inside of WHITE STAR ORLANDO. He then shifted out from behind WHITE STAR ORLANDO. The Respondent did not have an advantage over that runner at that stage, but shifted out into a half-gap, with his horse going into a break. He was not in a position to shift out, Mr Renault said.

The Respondent said that his horse was travelling “pretty keenly” prior to his shifting out into the one-out line. His horse was still travelling well when Mr Orange’s runner was coming back on him. He was afraid that he would run into the back of Mr Orange. He spotted the half-gap to get out, but it was not quite big enough and he struck the sulky of WHITE STAR ORLANDO. He considered this course of action as being preferable to running into the back of Mr Orange and, possibly, falling.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that the Respondent has had 893 lifetime drives – 3 this season and 18 drives in the 2023 season just ended. He has a clear record under the Careless Driving Rule.

The Penalty Guide starting point for a mid-level, first breach is a $500 fine or a 2-days suspension, Mr Sole said. Stewards saw the breach as being mid-level, with consequences to his own runner and to WHITE STAR ORLANDO. A suspension period of 3 days would be appropriate, he submitted.

The Respondent said that no other runner had suffered interference and his actions were driven by reasons of safety.

REASONS FOR PENALTY:

The Adjudicative Committee finds that the breach was low-to-mid level. The Penalty Guide suspension starting point for a mid-level breach is the same as that for a low-level breach – that is to say, a 2-days suspension. Having regard to that, the Adjudicative Committee does not need to make an assessment of the seriousness of the breach, low or mid-level. The Respondent has properly admitted the breach, and has a clear record, but no discount can be given where the starting point is only a 2-days suspension. A 1-day suspension would be unfitting.

CONCLUSION:

The Respondent’s application for a deferment of suspension is granted.

The Respondent, Open Driver, Ross Houghton, is suspended from after the close of racing on 10 March 2024, up to and including 17 March 2024 – 2 days.