Wairio TC 27 April 2024 – R7 – Blair Orange

BACKGROUND

Mr Munro alleged that Open Driver Blair Orange drove carelessly in Race 7, when he connected with the sulky wheel of OUTBACK MAN (M Hurrell) near the 300 metre mark.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Mr Orange confirmed to the Adjudicative Committee his admission of the breach, having stated this on the Information.

SUMMARY OF FACTS

Mr Munro used the race film to identify Mr Orange in the one out-one back position, with ON THE WING near the 300 metre mark. Parked out ahead of him was OUTBACK MAN (Mr Hurrell), who at this point of the race, was beginning to weaken. Mr Orange attempted to find space to the inside of OUTBACK MAN and, in shifting ground, hit Mr Hurrell’s near-side sulky wheel, which caused ON THE WING to momentarily stumble. Mr Hurrell’s tyre did not deflate.

Mr Orange accepted the Stewards’ analysis of the incident. His only other comment was to express disappointment in his drive.

DECISION

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

PENALTY SUBMISSIONS

Mr Munro produced the Respondent’s record, which showed that Mr Orange has had 450 drives this season and had 1,043 drives last season. He has had 19,002 lifetime drives. His record is clear under this Rule and, as a busy Driver, was excellent, Mr Munro said. Mr Munro referred to the Penalty Guide, which notes that the starting point for a mid-range breach is $300. Stewards assessed the level of this breach as low, because Mr Hurrell’s tyre did not deflate and Mr Orange quickly regathered his horse after its brief stumble and was able to race to the finish. Stewards believed this incident had had little impact on where Mr Orange’s horse had placed. Mr Munro submitted a fine of about $200 would be appropriate, given the Respondent’s excellent record and admission of the breach.

Mr Orange said he agreed with the Stewards’ penalty submission.

REASONS FOR PENALTY

Mr Orange struck the near-side sulky wheel of Mr Hurrell, when seeking space near the 300 metre mark. OUTBACK MAN (Mr Hurrell) was beginning to weaken on its effort at the time of the incident. Mr Hurrell’s tyre did not deflate. Mr Orange managed to regather his horse, ON THE WING, after its brief stumble and drive it out to finish 3.9 lengths from the winner in 7th place. In the circumstances, the Adjudicative Committee considers this breach to be low range and accordingly, reduces the $300 mid-range starting point in the Penalty Guide to one of a $250 fine. This amount is reduced by $50 to recognise the Respondent’s clear record and admission of the breach.

CONCLUSION

Mr Orange is fined $200.