Waikato BOP H 27 April 2023 – R4 – Monika Ranger

Mr Mulcay alleged that in Race 4, Ms Ranger (MIKI NOEL) failed to take all reasonable and permissible measures to ensure her gelding was given full opportunity to win, by failing to shift out off the back of the weakening SHARKIES GIRL rounding the final turn.

Mr Mulcay demonstrated the incident on the videos. As the field turned for home, Ms Ranger had the opportunity for some 40 metres to come out and off the back of the leader, SHARKIES GIRL, who was weakening, when the horse racing outside that horse retreated. She elected not to shift, and in the straight, after getting held up, she got a run in the passing lane. She finished second, beaten 2 lengths. He said there was clear air and an obvious opportunity for Ms Ranger to shift out from behind the weakening horse.

Mr Butcher spoke on the Respondent’s behalf. He said she was an inexperienced Driver who had admitted the breach. He believed Ms Ranger had not wanted to second guess herself and had been initially reluctant to shift, as she did not want to collect the legs of the horses behind.

Ms Ranger said it was a misjudgement. She had thought about shifting and when she decided she could go, she realised it was too late. She emphasised she had eventually got the passing lane run and had finished second.

Decision

As Ms Ranger has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Mulcay produced the Respondent’s record which showed she had had 82 lifetime drives. Mr Mulcay submitted the breach was low end and that the 7-day starting point in the Penalty Guide should be adopted. He believed after mitigating factors were considered, a 5-day suspension was appropriate.

Mr Butcher said the 7-day starting point was too long. He reiterated Ms Ranger was inexperienced, had made an error of judgement, and she needed to be driving. He thought even a 5-day penalty was too harsh.

Reasons for Penalty

The breach is low end. Ms Ranger has had the opportunity to take the run outside SHARKIES GIRL when CLAUDE retreated quickly as the field come off the back straight, but has hesitated and the run eventually was not there for her. It is clearly a matter of inexperience. The Penalty Guide provides a starting point of a 7-day suspension for a breach of this Rule.

The breach is low-range and there is a one-day reduction in the 7-day starting point for this factor. A further 2-day discount is given for admission of the breach and the fact that Ms Ranger is an inexperienced Junior Driver, who will learn from this breach.

Conclusion

Ms Ranger is suspended from the end of racing tonight, 27 April, up to and including 19 May 2023.