Wyndham HRC 10 November 2024 – R7 – Peter Hunter

Mr Renault alleged that in Race 7, Mr Hunter (HERE’S JOHNY) allowed his horse to start from the incorrect barrier position.

Mr Renault demonstrated the incident on the videos. BY CHANCE broke as the field was forming behind the mobile arm. That horse made ground quickly in an endeavour to take up the Unruly 1 position. However, it was unable to do so as HERE’S JOHNY, driven by Mr Hunter, was in that position instead of Unruly 2, where it had drawn in the mile race.

Mr Hunter agreed that he had drawn the Unruly 2 position in the race and that he was in the Unruly 1 position. He said BY CHANCE had not taken up that position, so he believed he was entitled to take it, as it was vacant.

Decision

Mr Hunter was drawn to start in the Unruly 2 position. The Unruly 1 position was for BY CHANCE. That horse had broken from its gait in the score up and had been chased up by Mr Hurrell to catch the field. The horse had come in behind the Unruly line and was unable to take its rightful position in Unruly 1 as Mr Hunter was there. He should not have been. He was not entitled to shift down on the track.

The breach is found to be proved.

Submissions as to Penalty

Mr Renault produced the Respondent’s record, which showed that Mr Hunter has had 94 drives this season. His record is clear under the Rule. Mr Renault submitted a penalty at the starting point in the Penalty Guide was appropriate.

Reasons for Penalty

Mr Hunter has taken the position on the mobile that was not rightfully his. He appears to have gained no advantage in so doing, but the horse entitled to that position, had caught up the field and was back behind the mobile and unable to take up its position, as Mr Hunter was there. That horse was declared a non-starter. The Penalty Guide provides a starting point of a fine of $400 for a first such breach. The aggravating and mitigating factors balance. A penalty at that level is appropriate.

Conclusion

Mr Hunter is fined the sum of $400.