Winton HRC 8 May 2025 – R3 – Daniel Anderson

Mr Munro alleged that in Race 3, Mr Anderson (MONTAGE) drove carelessly in that he struck a wheel of the cart of CLAASEE (Mr McIlwrick) passing the 1200 metres, causing the tyre to deflate.

Evidence

Mr Munro demonstrated on the videos, that just after the field passed the winning post with a lap to run, CLAASEE went to the lead and Mr Anderson settled on the back of that horse, trailing. At about the 1200 metres, the gear cord on MONTAGE became loose and Mr Anderson had to scoop it up and place it underneath his buttocks.  MONTAGE then shifted in, and its off-side front leg struck the near side wheel of Mr McIlwrick’s cart. Mr Munro pointed out that Mr Anderson was looking down, as he had a gear issue and had the reins in one hand. He said Mr Anderson lacked control, MONTAGE ran in and hit the wheel. Mr Anderson had been distracted and was careless as a consequence. The tyre on the cart of CLAASEE had deflated. MONTAGE had paced roughly for a few strides.

Mr Williamson spoke on behalf of Mr Anderson. He emphasised the gear issue. The cord from the gear was in a loop and was dangling from the cart. Mr Anderson was concerned there was a need to wrap it up before the leg of a horse stepped in it. He said it was a safety precaution. And Mr Anderson had secured it on the seat of the cart under his bottom.

Mr Williamson stated that he also believed Mr McIlwrick had run out slightly at the time and that this had contributed to Mr Anderson hitting the wheel.

Mr Anderson said he thought Mr McIlwrick had drifted out. He was concerned at the time with the safety of other horses. His attention was on the gear.

Mr Williamson called Mr McIlwrick to give evidence. Mr McIlwrick said he had crossed to the front. CLAASEE had a tendency to lug out. He said there may have been a slight shift, not a lot, but he thought it was after the contact with the wheel of his cart. He said the video evidence was inconclusive, and his memory was not much help either. Mr Williamson asked was CLAASEE’s head pointed inwards before the incident. Mr McIlwrick said he was not sure.

Mr Munro replayed the video angles and demonstrated that the hitting of the wheel of Mr McIlwrick’s cart was some 4 strides after Mr Anderson had secured the cord under his buttocks. During this manoeuvre, Mr Anderson had allowed his horse to drift in. Mr Anderson had an obligation to drive in a safe manner. There had been contact with the wheel, due to a lack of control.

Mr Williamson responded the cord needed to be picked up. Mr Anderson had one hand firmly on the reins, had not driven carelessly, and Mr McIlwrick had drifted out slightly.

Reasons for Decision

The video evidence is clear to the extent that it shows the loose cord on MONTAGE’s gear, that it was in a loop, and Mr Anderson looking inwards and bending down to retrieve it. He does this successfully by placing the cord between his buttocks and the seat of his cart. Some 4 strides after so doing, the off-side front leg of MONTAGE strikes the near side wheel of Mr McIlwrick’s cart. There is no video evidence of CLAASEE shifting ground slightly outwards, as Mr Williamson alleges. Mr McIlwrick is unclear that he did shift ground and was also of the view that the video evidence was inconclusive on this point. While there is some sympathy for the predicament in which Mr Anderson found himself, he has an obligation to drive with care at all times. This he has not done. He has allowed MONTAGE to strike a wheel of Mr McIlwrick’s cart.

Decision

The breach is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record, which showed that Mr Anderson has had 37 drives this season and 109 the last. He has had 311 lifetime drives. His record is clear. Mr Munro acknowledged the gear issue, but also pointed to the impact upon CLAASEE, a favoured runner, of having a flat tyre. The starting point in Penalty Guide is a $300 fine, with the consequences of the careless action going to penalty.

Mr Anderson confirmed his record and asked that this be considered by the Adjudicative Committee.

Reasons for Penalty

A mitigating factor is that Mr Anderson had a gear issue and prior to the contact with the wheel of the cart, had been dealing with the loose cord. He is a Junior Driver with an excellent record. Balancing these factors with the impact upon CLAASEE, a penalty just below the starting point of a $300 fine is appropriate.

Conclusion

Mr Anderson is fined the sum of $250.