Rangiora HRC 4 November 2022 – R5 – Korbyn Newman

Background:

Following the running of Race 5, Stipendiary Steward Mr Shane Renault presented an Information alleging a breach of Rule 869(3)(b) by Junior Driver Mr Korbyn Newman, which he denied.

The detail of the charge was “You struck the wheel of MICAITLEN DENARIO shortly after the start.”

Rule 869(3)(b) No driver in any race shall drive carelessly.

Mr Newman was assisted at the hearing by Senior Driver Mr Tim Williams.

Evidence:

Mr Renault played the video replay of the start to show Mr Nathan Williamson (MICAITLEN DENARIO) drawn No. 5 and Mr Newman (MAJOR HAPPY) drawn 6, at the mobile barrier.

Mr Renault slowed and expanded the film and pointed to Mr Newman shifting inwards as Mr Williamson drove forward, touching MICAITLENS’ WHEEL which punctured, and eventually, the tyre has come off the rim forcing the horse to be retired from the race.

Mr Williams and Mr Newman both commented the film wasn’t clear enough to establish whether or not there was contact. Mr Williams said if there was contact, it was unusual for Mr Williamson not to look down immediately. Mr Newman said he was sure that he hadn’t touched the wheel.

Mr Renault in summing up, conceded the film was not crystal clear and he then called for Mr Williamson, who was now available, to give evidence.

Mr Williamson said shortly after the start, he felt his tyre being struck. He said it did not deflate immediately, but was flat at the first corner, and had come off the rim by the time he reached the front straight.

Reasons for Decision:

The Stewards’ case was without clear video footage, and relied on the evidence of Mr Williamson. That evidence was compelling, coming from an experienced and respected Driver. Mr Williamson alluded to the force of the strike as just a touch, but what the film does show, is that it could only have been Mr Newman who inflicted the damage.

Decision:

The charge was found proved.

Submissions on Penalty:

Mr Renault stated Mr Newman had a previous breach of the Rule on 10 May this year resulting in a 2-day suspension. Mr Renault said the Stewards’ viewed this case as low range but as it is a second breach within the six-month period, a suspension must follow. He submitted a 3-day suspension would be an appropriate starting point.

Mr Newman and Mr Williams said a 1-day suspension and a fine would be agreeable.

Reasons for Penalty:

The Penalty Guide starting point for a breach of this Rule is a 3-day suspension. Mr Newman’s status as a Junior Driver and the agreement of all parties that Mr Newman has just glanced the tyre, a reduction of the starting point by 1-day is considered appropriate.

Mr Newman requested a 7-day deferment of the penalty, which was granted.

Conclusion:

Mr Newman’s licence to drive is suspended for 2 days, commencing on 16 November 2022 and concluding on 19 November 2022.