Wyndham HRC 16 March 2024 – R9 – Ricky Gutsell

Summary of Facts

Following the running of Race 9, Graduation Driver, Ricky Gutsell admitted a breach of Rule 869(3)(g); namely that, when driving STILL ROCKIN, he drove in a manner capable of diminishing the chances of his horse winning.

Mr Gutsell endorsed the Information, ‘I do admit a breach of the Rule.’ He confirmed to the Adjudicative Committee his admission of the breach, and that he understood the Rule.

Mr Munro used the Race videos to show Mr Gutsell pushing forward from barrier 7 on the front line to settle outside the leader, NETHERTON FRANCO (C Ferguson), at approximately the 1900m mark.

Nearing the 1600m, Mr Gutsell can be seen briefly talking to Mr Ferguson and pulling the earplugs on his horse. STILL ROCKIN challenges NETHERTON FRANCO but, despite being tapped up with the whip by Mr Gutsell, is unable to cross to the lead.

Nearing the 1200m, Mr Gutsell makes another determined bid for the lead but his horse gets only a neck in front of NETHERTON FRANCO and is again unable to cross to the pegs. Not until passing the 600m, Mr Munro said, did Mr Gutsell ease his horse back from challenging Mr Ferguson’s.

The Stewards submitted that between the 1600m and 600m, Mr Gutsell’s actions meant there was no respite. Mr Munro said that the 2400m race was run on a rain-affected “easy” track. The first mile of the race was run in 1:57.2 and a mid-race sectional from the 1600m to 800m was run in 58.7 seconds. These times indicated there was no respite through the mid-stages of the race, Mr Munro said. He added that STILL ROCKIN faded to finish in 9th place, 7.7 lengths from the winner. NETHERTON FRANCO, a runner favoured in betting, finished in 7th place, 5.4 lengths from the winner.

Mr Gutsell said he had intended to pull back at the start from his wide draw. However, STILL ROCKIN had been stirred up by a false start and was “on the nickel.” The horse “likes to roll along” and “I didn’t want to fight him,” Mr Gutsell said. He believed that grabbing hold of STILL ROCKIN would have caused him to overrace. He confirmed that he had the whip “handy” from the start of the Race.

Mr Gutsell said Mr Ferguson told him the lead was available as they approached the 1600m. Mr Gutsell released the earplugs and urged STILL ROCKIN forward, but said the horse “knocked off” when he drew a half length in front. Mr Gutsell said that STILL ROCKIN had previously shown a tendency to grab the bit when reaching the front at the 1200m. This encouraged Mr Gutsell to again try to cross Mr Ferguson at this point of the race.

Even though he was admitting the charge, Mr Gutsell felt he had driven his horse to its ability.

Decision

As Mr Gutsell has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record, which was clear under this Rule. Mr Gutsell was in his second season as a Graduation Driver and had had only 27 career drives. Mr Munro referred to the Penalty Guide and said that the starting point for a first breach of this Rule was an 8-day suspension. Mr Gutsell’s clear record and frank admission needed to be taken into account, Mr Munro said.

Mr Gutsell simply asked for leniency in the setting of a penalty. He requested that any suspension be deferred until after the Waimate meeting on March 24.

Mr Gutsell also submitted that he had planned to drive his stable runners at two grass track meetings in Canterbury in April. This was accepted by Stewards.

Reasons for Penalty

Mr Gutsell gave STILL ROCKIN no respite for a 1000 metre midsection of the Race, from the 1600m to the 600m. He persisted longer than he should have in attempting to take the lead, and his actions in doing so diminished his horse’s chances of winning. After attacking the leader, STILL ROCKIN faded to finish in 9th place.

The Penalty Guide provides a starting point of an 8-day suspension for a first such breach. Mr Gutsell’s admission of the breach and excellent record are mitigating factors that afford him a one-day reduction from the starting point. There are no aggravating factors.

Conclusion

The Respondent’s Licence to drive in races is suspended for 7 days. His request for a deferment is granted.

Mr Gutsell is therefore suspended from the conclusion of racing on 24 March up to and including 27 April 2024.