Waikato BOP H 7 March 2024 – R5 – Kristina Denifostova

Summary of Facts:

Following the running of Race 5, an Information was filed by Stipendiary Steward Steve Mulcay alleging the Respondent Kristina Denifostova breached Rule 869(4)(6)(b)(c) in that Ms Denifostova moved ground outwards and forced M McKendry MIKI SHAN wider on the track near the 1600m.

The ‘Pushout Rule’ (r689) provides that:

(6) Subject to sub-rule (4) hereof:

(a) Drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement during any race shall not be forced to race wider on the track; (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all Drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

The Respondent admitted the breach and endorsed the Information accordingly.

Senior Stipendiary Steward Mr Mulcay used the available race films to demonstrate the breach.  He said that approaching the 1700m, Ms Denifostova (FERNLEIGH CASH) was racing in 4th position on the marker line, following J Dickie (D J ROCK), and following FERNLEIGH CASH, was M McKendry (MIKI SHAN). He said that at the 1600m, Mr Dickie shifted D J ROCK off the running line (which he was entitled to do) and Ms Denifostova elected to follow him out and in doing so, forced Mr McKendry wider on the track. He said that Mr McKendry could see what was happening and had to restrain his drive as a result (FERNLEIGH CASH went on to win the race with MIKI SHAN finishing 2nd).

In response, Mr Abernethy (supporting Ms Denifostova) said that despite being shifted wider on the track, Mr McKendry actually ended up in the 1 x 1 position. Mr Mulcay responded by saying that the Stewards elected not to lodge a protest against FERNLEIGH CASH based on where the breach had occurred and in their view, the fact that MIKI SHAN had every opportunity after being shifted wider.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Senior Stipendiary Steward S Mulcay produced the Respondent’s record which indicated no previous breaches, as this was her first drive.

Mr Mulcay submitted that the Guidelines indicated a $200 fine was the starting point for a breach of this Rule and the Stewards thought that this was an appropriate penalty.

Mr Abernethy asked if credit could be given to Ms Denifostova due to her being a Junior Driver and it was her first breach.

Reasons for Penalty:

The Penalty Guide establishes a $200 fine as a starting point for a breach of this Rule.

After evaluating the evidence and submissions, the Adjudicative Committee determined the breach could appropriately be dealt with by way of a fine.

While it was Ms Denifostova’s first breach, it was also her first drive, so the Adjudicative Committee considered this as being a neutral factor. When establishing an appropriate penalty, the Adjudicative Committee also had regard for the fact that Ms Denifostova went on to win the race.

In consideration of the above factors, a $200 fine was imposed.

Conclusion:

The Respondent is fined $200.