Waikato BOP H 18 May 2023 – R5 – Matthew White

FACTS

Following Race 5, Mr White, the Driver of ‘SUNSHINE MOMENT’ was charged with Careless Driving.

The alleged Careless Driving being that near the 100m, he shifted outwards checking ‘FONTEYN’.

Mr White advised that he understood the Rule, charge and confirmed that he did not admit the breach.

Mr White requested an adjournment to gather more evidence.  He said that he needed to show videos etc of the horse’s trial runs.

Mr Dooley said that at the horse’s only other raceday start, it was recorded that ‘SUNSHINE MOMENT’ lay in at the 800m.

Taking into account that Mr White trains the horse and drove it at its only other raceday start and would therefore know the horse better than most, the request for an adjournment was declined.

Mr White was advised that he could call any witnesses on his behalf.

EVIDENCE

Mr Renault showed film replays and identified the horses involved.  He said that on the bend approaching the 100m ‘SUNSHINE MOMENT’ was racing behind ‘AMERICAN ROCKER’ with ‘FONTEYN’ (S McCaffrey) outside Mr White’s drive, with ‘GREATER GOOD’ on the outside.

Mr Renault said that near the 100m, Mr White activated gear with his left hand and then pulled out from behind ‘AMERICAN ROCKER’, onto ‘FONTEYN’ who was tightened and had to be steadied.  He said ‘FONTEYN’ could not shift out due to ‘GREATER GOOD’ being on his outside.  Mr Renault added that Mr White did correct but it was too late.

Mr White did not believe that he was careless.  He said that when he activated the gear, his horse came out after getting up close to ‘AMERICAN ROCKER’.  He said that ‘AMERICAN ROCKER’ shifted out in front of him and this did not help the situation. He added that he immediately came off of ‘FONTEYN’ and that his drive was very green.

Mr White called Mr McCaffrey as a witness.

In answer to questions from Mr White, Mr McCaffrey said that he saw Mr White coming out and it went all over the place.  He (Mr White) had room to come out and his horse was playing up merry hell.  He said that it was a very green horse.

SUMMATION

Mr Dooley said that after activating gear, Mr White let it (his horse) come out.  He said that it was a minor shift by Mr Poutama’s horse ‘AMERICAN ROCKER’, and did not contribute.

Mr White maintained his innocence.  He said that it was due to his green horse and ‘AMERICAN ROCKER’ shifting out in front of him.

REASONS FOR DECISION

The Adjudicative Committee gave due consideration to all of the evidence which included viewing of film replays.  The Adjudicative Committee found that near the 100m, Mr White did activate gear with his left hand.  Following this action, his drive ‘SUNSHINE MOMENT’, came out from behind ‘AMERICAN ROCKER’, and tightened ‘FONTEYN’,who had to ease.

The telling point was the head-on film view of the incident.  It clearly showed Mr White’s horse’s head turned outwards at the time of the outward shift, which indicated that his horse was directed outwards.

Immediately after tightening ‘FONTEYN’ Mr White directed his horse inwards, which resulted in it tangling and breaking stride.

The Adjudicative Committee accepts that ‘SUNSHINE MOMENT’ was a green horse and that ‘AMERICAN ROCKER’ did shift outwards.

Taking all of the above into consideration, Mr White was found to have driven carelessly, albeit of a very minor nature.

DECISION

The charge was found proved.

PENALTY SUBMISSIONS

Mr Dooley said that Mr White had a clear record.  He placed the carelessness at the low-end and said that Mr White’s horse raced greenly.  Mr Dooley said that the starting point for careless driving (mid-range) is a 3-day driving suspension and submitted for a low-range breach, a 2-day suspension would be appropriate.

Mr White said that he had a drive in the Auckland Cup and Rowe Cup in 8 days time and that he would like to fulfill those drives.

Mr Dooley advised that any deferment is for a maximum of 7 days only.

Mr White said that he would happily pay a fine.

Mr Dooley advised that the Penalty Guide does not provide for a fine for careless driving and that all recent cases of low-end careless driving, have been met with 2-driving days suspension.

REASONS FOR PENALTY

The Adjudicative Committee gave serious consideration to deal with this matter by way of a monetary penalty.  However, after carefully scrutinizing the Penalty Guide and taking Mr Dooley’s comments into consideration, it became clear that the Adjudicative Committee could not exercise its discretion and impose a monetary penalty.

The latest Penalty Guide came into effect on 1 February 2023.  Prior to that date, a monetary penalty was able to be imposed for careless driving.

CONCLUSION

Mr M White’s Driver’s Licence was suspended from the conclusion of racing on 19 May to 2 June 2023 inclusive (2-days).