Waikouaiti TC 4 February 2024 – R1 – Michael Love

ID: RIB38563

Respondent(s):
Michael William Love - Other (Amateur Driver)

Applicant:
Mr Shane Renault - Stipendiary Steward

Adjudicators:
Geoff Hall

Persons Present:
Mr Paul Williams - Stipendiary Steward

Information Number:
A20575

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
GET KRAKEN

Code:
Harness

Race Date:
04/02/2024

Race Club:
Waikouaiti Trotting Club

Race Location:
Oamaru Racecourse - Highway 1, Oamaru North, Oamaru, 9494

Race Number:
R1

Hearing Date:
04/02/2024

Hearing Location:
Oamaru

Outcome: Proved

Penalty: Amateur Driver Michael Love is suspended 6 weeks

Mr Renault alleged that in Race 1, Mr Love (GET KRAKEN) shifted inwards near the 500 metres when insufficiently clear of FOVEAUX GAMBLER, which was checked and broke, with a trailing runner also being checked and breaking.

Mr Williams demonstrated the incident on the videos. The Respondent was 3-wide and urging his horse at the 500 metres when he shifted in and came into contact with FOVEAUX GAMBLER (Mrs Negus). The tyre on Mr Love’s cart punctured and wrapped itself around the axle. Mr Love’s horse was retired from the race as a consequence.  FOVEAUX GAMBLER was checked and broke. The trailing FORTY WIVES was also checked and broke.

Mr Love accepted the Stewards’ analysis of the video and said his horse was lugging in a bit and he was trying to correct him. He accepted he had shifted in when not clear of Mrs Negus.

Decision

As Mr Love has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Renault produced the Respondent’s record which showed that Mr Love has had 1 drive this season and 5 the last. He has had 17 lifetime drives. His record is clear. Mr Renault submitted the breach was high-range due to the fact two horses’ chances were lost and a further horse was badly affected.

Mr Love did not disagree with the Stewards’ assessment of the gravity of the breach and asked that any suspension start immediately.

Reasons for Penalty

The breach is high-range. Mr Love’s carelessness has affected the chance of one horse and extinguished the chances of his own and another. Mr Love has admitted the breach. A penalty at the starting point is appropriate.

Conclusion

The starting point in the Penalty Guide is a 3-day suspension. Amateur Driver penalties are calculated on the basis of 2 drives per month. Mr Love is suspended from the end of racing today, up to and including 17 March 2024. This is 6 weeks.

Decision Date: 04/02/2024

Publish Date: 07/02/2024