Waikato BOP H 29 January 2024 – R1 – Neita Balle

EVIDENCE:

Following the running of Race 1, Mr Mulcay presented an Information charging Ms Balle with a breach of Rule 869(4)(6)(b) and (c) in that she drove her horse, “KIMKAR DASH” outwards near the 1100 metre point, forcing “COOL PHELAN” to race wider on the track.  That is, a breach of the “Push Out Rule”.

Ms Balle, assisted by Mr D Balle, admitted the breach of the Rule.

The relevant Rules 869(6)(b) and (c) provide:

(b)   “… a horse shall not be forced to race wider on the track”   

and (c) “… a horse during a race shall not move ground outwards once the nose of the wider runner coming forwards is in line or past the sulky wheel and until the wider runner going forward is fully past”.

Mr Mulcay referred to the event as depicted in the race film.  Ms Balle was driving “KIMKAR DASH” (trained by her father Mr D Balle) and was settled on the inside, 5 back from the leader, at about the 1200 metre mark.  She first endeavoured to get off the fence, but corrected inwards as another runner moved forward.  Then at about the 100 metre mark, she pushed out again onto “COOL PHELAN” (Mr Z Butcher) when not sufficiently clear of this horse so as to force it to race wider.  “KIMKAR DASH” finished in third place.

Mr D Balle explained that his daughter was driving the favourite and, being 5 deep with a round to go, was anxious to get off the fence into a favourable “one out” line and made an error of judgment.

DECISION:

As the charge was admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Mulcay advised that Ms Balle had a totally clear record with no previous breaches of any Rule of Harness Racing.

Mr Balle did not advance any submission as to penalty.

REASONS FOR PENALTY:

The Adjudicative Committee noted the Penalty Guide provided by HRNZ as being a modest fine of $200 for a first breach of this Rule and did not consider any deviation from that Guide, in the circumstances of this event, was necessary.

CONCLUSION:

Accordingly, Ms Balle is fined $200.