Westport TC 7 March 2025 – R3 – Steve Clarke

Summary of Facts:

Following the running of Race 3, the Respondent Open Driver, Steve Clarke denied a breach of Rule 869(3)(b); namely that when driving THE TOWN OF LIGHT, he drove carelessly after 200m by shifting inwards when not clear to do so, resulting in RULE AGAIN being crowded and checked, with FLOOZY SUZY also being crowded.

The Respondent endorsed the Information ‘I do not admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward Mr Renault, with the assistance of Stipendiary Steward, Matt Sole, identified the horses involved in the incident namely, THE TOWN OF LIGHT, driven by Mr Clarke, in a 4 wide position as the field settled down after the start was made, with RULE AGAIN, driven by Robbie Close, in a 3 wide position on the inside of Mr Clarke, with MY WINGMAN, driven by Brent Borcoskie and FLOOZY SUZY, driven by Kyle Cameron, on the inside of Mr Close.  Mr Sole demonstrated on the replays, both back straight and side on, that Mr Clarke shift inwards when not clear of Mr Close, who had to check and as a result, broke, losing ground.

Mr Close gave evidence and stated that shortly after the start, he received pressure from Mr Clarke on his outside and despite him calling out, Mr Clarke continued to shift across into his line, crowding him and forcing him to check and then break.

Mr Clarke, in defense, stated that the films were not conclusive to prove that he was not clear of Mr Close. He said the back straight film was offline and not a direct head on. Mr Clarke stated that RULE AGAIN was a badly gaited horse and had broken on its own accord, after trying to tack onto the back of his horse. He added that there was no contact between the horses and reiterated his defense, that he was clear of Mr Close when shifting into the 3 wide line.

Decision:

After careful consideration of the evidence and replays presented of the incident, this Adjudicative Committee is satisfied that shortly after the start, Mr Clarke was racing in a 4 wide position with Mr Close, racing in the 3 wide position and to the inside of Mr Clarke, with FLOOZY SUZY and MY WINGMAN, racing to the inside of Mr Close. The Adjudicative Committee is also satisfied that Mr Clarke, when attempting to shift in from a 4 wide to a 3 wide position, was not clear of Mr Close and caused him to check and then break. The Adjudicative Committee is therefore further satisfied that Mr Clarke has driven carelessly on this occasion and therefore finds the charge proved.

Submissions for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record, which indicated a clear record. He stated that Mr Clarke has been driving infrequently, having had only 2 drives so far this season, with 1 drive last season and 4 drives the previous season.

Mr Renault said that Stewards assessed the breach as mid range, with the Penalty Guide providing a $500 fine or a 2 day suspension for an initial breach of this Rule.

Mr Clarke submitted that he would prefer a suspension. He requested a deferment of suspension until after the meeting at Reefton on 9 March 2025. Mr Clarke added that his daughter, Hayley, who usually drove the team, was injured at the moment and he would have been driving more frequently in the coming weeks. When questioned where he would be driving if a suspension was imposed, he stated that the next 2 race days after the Reefton meeting where his horses would be racing, were Banks Peninsula on 16 March and Addington on 19 March 2025.

Reasons for Penalty:

The Penalty Guide provides a mid range penalty starting point of a 2 day suspension or a $500 fine for a breach of this Rule.

After consideration of all submissions, the Adjudicative Committee determined a suspension to be an appropriate penalty in this case.

Taking all factors into consideration, a 2 day suspension as per the Penalty Guide, was determined to be an appropriate penalty.

Conclusion:

Mr Clarke’s application for a deferment until after racing at Reefton on 9 March 2025, was granted.

The Respondent Mr Clarke, was suspended, commencing after racing on 9 March 2025, up to and including 19 March 2025.

Relevant days in this period of suspension are Banks Peninsula TC on 16 March 2025 and Addington on 19 March 2025.