Wyndham HRC 13 October 2022 – R4 – Jeremy Douglas

Background

Following the running of Race 4 www Alabar.com.au Fillies and Mares Mobile pace, Driver Jeremy Douglas admitted a charge of Careless Driving under Rule 869(3)(b).

It was alleged that he shifted ground hitting a wheel passing the 550 metres.

The Respondent endorsed the Information and confirmed that he understood the Rule and the nature of the charge.

Rule 869 provides:

(3)(b) No driver in any race shall driver carelessly.

Evidence

Stipendiary Steward Miss Rebecca Haley used the available video replays to highlight the incident. She pointed out MUCHO FUERTE driven by the Respondent, shifting ground outwards when not sufficiently clear of MAGIE DO (Alex Milne), who held his line. The horse three back on the fence line, THE LADYBIRD (T Larsen), from the outward movement of MUCHO FUERTE, has had its wheel hit as a result.

Stipendiary Steward Mr Vinny Munro confirmed Miss Haley’s observations.

The Respondent Mr Douglas simply said he made an error of judgement.

The Adjudicative Committee was satisfied that the Respondent had been responsible for the hitting of the wheel and this was apparent from the video replays shown. The Respondent having shifted ground outwards when there was insufficient room to do so, has driven carelessly.

Decision

As the charge was admitted, the charge was found proved.

Submissions for Penalty

Stipendiary Steward Mr Munro said that Mr Douglas has had 231 lifetime drives, 54 drives last season and 23 drives this season. Mr Douglas had no previous breaches under this Rule. The Penalty Guideline starting point is a 6 drive suspension or a fine up to $300.00 for a low range offence, and in recent cases a $250.00 fine has been imposed.

The Respondent had no submissions on penalty.

Reasons For Penalty

This is a low level breach of the of the Careless Driving Rule. A penalty of $250 is appropriate taking all factors into account.

Conclusion

The Respondent Jeremy Douglas is fined the sum of $250.00.