Wairio TC 14 October 2021 – R1 – Samantha Ottley

ID: RIB5221

Respondent(s):
Samantha Ottley - Driver

Applicant:
Miss R Haley - Stipendiary Steward

Adjudicators:
Mr N Skelt

Persons Present:
Mr V Munro - Stipendiary Steward

Information Number:
A16502

Decision Type:
Adjudicative Decision

Charge:
Careless Driving

Rule(s):
869(3)(b) - Careless Driving

Plea:
Admitted

Animal Name:
Phoebe’s Delight

Code:
Harness

Race Date:
14/10/2021

Race Club:
Wairio Trotting Club

Race Location:
Winton Racecourse - Racecourse Road, Winton, 9720

Race Number:
R1

Hearing Date:
14/10/2021

Hearing Location:
Winton

Outcome: Proved

Penalty: Driver Samantha Ottley was fined the sum of $250

SUMMARY OF FACTS:

After the conclusion of Race 1, the Jock Purdue Memorial Mobile Trot 2400m an Information A16502 was lodged by Stipendiary Steward Miss R Haley alleging that Miss S Ottley when driving Phoebe’s Delight made contact with the sulky wheel of Cheeky Monkey (S O’Reilly) on  the final bend with the tyre deflating and coming off the rim.

Miss Ottley was present at the hearing and confirmed that she understood the Rule and she also confirmed that she admitted the charge.

SUBMISSIONS:

Miss Haley asked Mr Munro to show the video replays of the race from the final bend to the winning post, he pointed out that Phoebe’s Delight had made contact with Cheeky Monkey when Miss Ottley had come off the back of Cheeky Monkey and made contact about the 300m Mark.

Miss Ottley stated that Phoebe’s Delight was a very difficult horse to drive and had raced fiercely and was running in badly making it very difficult to steer.

REASON FOR DECISION:

Miss Ottley has admitted the breach which is found proved accordingly.

SUBMISSION FOR PENALTY:

Miss Haley told the hearing that Miss Ottley had  clear record and that she had 5,689 lifetime drives, 644 last season and 933 this season. Miss Haley then referred to the Penalty Guide starting point of a $300 fine or 6 drive suspension. Miss Haley also stated that Miss O’Reilly’s horse Cheeky Monkey continued on to finish 2nd in the race, however its chances were not particularly affected as the winner Jaccka Watch had raced away and won the event convincingly.

REASON FOR PENALTY:

The Adjudicator noted the Penalty Guide starting point which was referred to by Miss Haley. That is the appropriate starting point in this case, however the aggravating factor was that Phoebe’s Delight lost its chance, although it was never in a dividend or a stake bearing place. The consequences to Miss O’Reilly’s horse Cheeky Monkey were also minimal.

Mitigating factors to be considered are Miss Ottley’s admission of the breach and her outstanding record, as she was a very busy and successful Driver. A discount of $50 from the starting point is given for those factors.

CONCLUSIONS:

Miss Ottley is fined the sum of $250.

Decision Date: 14/10/2021

Publish Date: 18/10/2021