Westport TC 28 December 2021 – R4 – Kendra Gill
Westport Trotting Club
Westport Racecourse - 15 Derby Street, Westport, 7825
Penalty: Driver, Kendra Gill fined $250.
SUMMARY OF FACTS:
Following Race 4, Driver, Kendra Gill admitted a breach of Rule 869(4). The particulars were that, as the Driver of GOTTA TICKET, she drove in a manner causing interference to her own runner when failing to concede her position when required to do so racing into the first bend resulting in her horse breaking.
Rule 869 (4) provides:
“No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Ms Gill endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule and the nature of the charge.
Mr Williams showed a video footage of the incident. He pointed to Ms Gill approaching the first bend. Mr Williams said that Ms Gill should have conceded her position and moved down enabling Mr Lethaby’s horse to move down to its entitled position.
Ms Gill accepted that she should have conceded her position. However, she said that she was mindful to keep her horse trotting as he had been galloping at the first bend. Ms Gill said she was attempting to keep her horse balanced and was cautious of the track conditions. Ms Gill said these factors were important context to the breach.
The charge is admitted by the Respondent and is therefore deemed proved.
SUBMISSIONS ON PENALTY:
Mr Williams submitted that Ms Gill had a clear record and is an infrequent driver.
The starting point for penalty, he said, is a 6-drive suspension or a $300 fine. Mr Williams considered that a fine of $250 was an appropriate penalty.
Ms Gill said her preference would be for a fine.
REASONS FOR PENALTY:
A fine is the appropriate penalty for the breach.
The appropriate starting point is $300. From here consideration is given to the aggravating factor of effecting another horse as well as her own horse breaking. However, balanced against Ms Gill’s clear record, frank admission, the context of her infringement and the track conditions the appropriate end penalty is a fine of $250.
Driver, Kendra Gill, is fined the sum of $250.
Decision Date: 28/12/2021
Publish Date: 28/12/2021