Westport TC 28 December 2023 – R4 – Robbie Close

BACKGOUND:

Following the running of Race 4, TRT Builders Mobile Pace, Open Driver, Robbie Close, admitted a charge that, as the Driver of MY SWEET BELLA ROSE in the Race, he “drove carelessly near the 150 metres when shifting outwards abruptly resulting in an outside runner being checked”.

Rule 869 provides as follows:

(3)     No driver in any race shall drive:-

         (b)    carelessly.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the incident, approximately 150 metres from the finish. He pointed out MY SWEET BELLA ROSE, driven by the Respondent, racing 3-places back on the markers and being eased out into the one-one turning into the home straight. IGETAKICKOUTOFYOU (Matt Purvis), pacing roughly, was racing to its outside at that stage. The Respondent had an advantage over that runner but, when he shifted outwards, he did so in an abrupt manner, giving Mr Purvis no time to react and checking his runner.

Mr Renault said that the Respondent was always going to get the run. There was clear interference, he submitted, but there was never going to be a protest (MY SWEET BELLA ROSE finished 2^nd, IGETAKICKOUTOFYOU 3^rd, the margin being 3¾ lengths).

The Respondent said that his horse had overreacted when he made his shift outwards and Mr Purvis’ runner was already pacing roughly, and did duck in on a couple of occasions.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 511 drives this season. He has a previous careless driving breach on 29 September – suspended 2 days at Addington.

The Penalty Guide starting point for a second breach is a 4-day suspension, Mr Renault said, and he submitted that a suspension for 3 days would be an appropriate penalty.

The Respondent requested a deferment of suspension until after 1 January 2024. He told the Adjudicative Committee that he was intending to drive at all three Central Otago meetings in early January.

REASONS FOR PENALTY:

This breach was a low-level breach, with no consequences to Mr Purvis’ runner or to any other runner.

The RIB Harness Racing Penalty Guide (February 2023) suggests a starting point for a second breach of a 4-day suspension. That is for a mid-level breach. This breach is low-level and the Respondent has made a frank admission of the breach. Having regard to those factors, a 3-day suspension is appropriate.

CONCLUSION:

Open Driver, Robbie Close, is suspended from after the close of racing on 1 January 2024 up to and including 6 January 2024 – 3 days.