Wyndham HRC 21 February 2025 – R1 – Blair Orange

BACKGROUND

Mr Renault alleged that Open Driver Blair Orange (MIKI’S BEAUTY) drove carelessly in Race 1 near the 350 metre mark when striking the sulky wheel of #6 TOP POCKET CHANCE, causing the wheel to deflate.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Mr Orange confirmed to the Adjudicative Committee that he did not admit the breach, and that he was familiar with the Rule and understood the nature of the charge. He said he would call one witness; Kirstin Green, the Driver of TOP POCKET CHANCE.

EVIDENCE

Mr Renault used the available race videos to identify Mr Orange, driving MIKI’S BEAUTY, positioned 3 back on the peg line approaching the final bend. At about the 400 metre mark, the Respondent began to angle his horse off the pegs into the running line. Mr Renault presented slow motion footage to show a front hoof of MIKI’S BEAUTY contacting the right sulky wheel of TOP POCKET CHANCE (K Green), which was trailing the leader, near the 350 metre mark. Ms Green was shown looking down at the right wheel soon after the incident.

Mr Renault said that Mr Orange was not fully clear of Ms Green when shifting out and, as as a result of striking the wheel, the tyre had punctured. The Respondent had to ensure he shifted ground without causing interference to any other runner, Mr Renault said. Stewards believed the manner in which Mr Orange had shifted ground amounted to careless driving.

Respondent Blair Orange

The Respondent conceded the wheel of TOP POCKET CHANCE was hit, but argued that it was not his fault. Rather, he said the striking of the wheel resulted from his horse overracing on the final bend. This was the basis of his defence of the charge.

Mr Orange said he was told by the Trainer of MIKI’S BEAUTY that the horse could pull in running and be “ignorant.” Mr Orange said the Trainer instructed him to keep the horse travelling positively and not let her come off the bridle, otherwise she would not try.

MIKI’S BEAUTY started racing aggressively when MATAI LIZZIE (A Milne) improved to his outside from the 500 metre mark, Mr Orange said. He said his horse “got very, very keen” and gave him difficulty from this point of the race. From 3 back on the pegs, Mr Orange thought that his planned attempt to shift out would either go “good or bad.” He said he was concerned about the possible outcome.

The race videos showed him struggling to ease MIKI’S BEAUTY back from Ms Green before shifting out, Mr Orange said.

Mr Orange said he was hanging on tight to a 500 kilogram horse, which had “a dead mouth, which is the equivalent to hanging on to a post. It gives you nothing.” He said he was doing his best to ease back and come out gently, but MIKI’S BEAUTY was really aggressive.

MIKI’S BEAUTY was an experienced maiden, having its 31st start in this race. After moving away from the pegs and striking Ms Green’s wheel, Mr Orange pulled the ear plugs on his horse. MIKI’S BEAUTY ran greenly in the early stages of the home straight.

Mr Orange suggested MIKI’S BEAUTY had given him a tougher drive around the final bend, than may have been apparent from the race videos.

Witness Kirstin Green

The Respondent called Ms Green to give evidence. He asked for her opinion as to how his horse was travelling on the final bend. Ms Green said that from about halfway round the final bend, she could tell that the horse immediately behind her was going well. She said she heard MIKI’S BEAUTY “make a couple of gasping noises” coming up to the 400 metre mark.

“That’s saying to me that the horse is travelling well or overracing,” Ms Green said.

She said MIKI’S BEAUTY bumped against her helmet at or near the point at which it was gasping. She agreed this was a light touch.

She added that her horse had “come back a bit there as well… he was very disappointing today.”

Ms Green described the striking of her wheel as “a brush.” She said she believed her tyre did not fully deflate until after the finishing line. “In all fairness, I don’t feel that it contributed to my position,” Ms Green said. “The horse raced very poorly today.”

Summing Up

Mr Orange was a very experienced Driver who had had 20,000 lifetime drives, Mr Renault said.

“When I look at this race compared to a lot of other races where I see Mr Orange having horses that are pulling hard or racing fiercely, I just don’t see what Mr Orange is saying, that the horse was giving him the difficulty that he’s described,” Mr Renault said.

“I see the horse is racing keenly, he’s shifted outwards when he’s entitled to, but in doing so, he’s just not fully clear of that wheel and he’s punctured it (and) caused the interference… I just don’t see where Mr Orange is out of control.”

Stewards submitted that to advance that the horse was the problem in this situation, did not take the burden of responsibility away from Mr Orange. “The fact is that Mr Orange is the one steering the horse and he just has not given himself enough room,” Mr Renault said.

REASONS FOR DECISION

The Adjudicative Committee accepts that MIKI’S BEAUTY began to race more aggressively for the Respondent, when MATAI LIZZIE improved to her outer from about the 500 metre mark. Having closely reviewed the available race videos and weighed the evidence, the Adjudicative Committee is unable to support the contention from the Respondent that the behaviour of his horse alone was the reason Ms Green’s sulky wheel was struck near the 350 metre mark, causing the tyre to puncture.

In the critical stage from the 500 metre mark, when, according to the Respondent, MIKI’S BEAUTY began to overrace, to about the 400 metre mark, when the shift outwards commenced, Mr Orange did not appear to be in distress or unduly taxed. During the 100 metres preceding the shift outwards, Mr Orange takes a studied and what appears to be quite composed look across to MATAI LIZZIE (A Milne), before beginning to ease his horse off the peg line. Mr Orange submitted that he was concerned about this manouevre, that it could “go either good or bad” because his horse did not feel responsive through the bridle. He said he was struggling at this point of the race, and was concerned about easing his horse back from Ms Green and shifting out safely. The Adjudicative Committee notes the evidence of Ms Green, supported by the race videos, that MIKI’S BEAUTY brushed her helmet just once in the approximately 150 metres before and during Mr Orange’s outwards shift.

The Adjudicative Committee finds that the Respondent, while experiencing a degree of difficulty with the drive from the 500 metre mark, had control of MIKI’S BEAUTY during the outwards shift and the striking of Ms Green’s wheel. Mr Orange did not allow quite enough room to complete the shift safely and has therefore driven carelessly.

DECISION

The charge is found to be proved.

PENALTY SUBMISSIONS

Stewards produced the Respondent’s record. Mr Orange was a very busy Driver who had had 167 drives this season and 1289 drives last season.

A reset period of 6 months or 200 drives applied with regard to the Careless Driving Rule.

Mr Orange had two previous breaches of the Careless Driving Rule; Marlborough HRC on 19 January 2025 (fined $300 for careless driving, striking a wheel) and Amberley HRC on 6 February 2025 (suspended for 4 days for careless driving, failing to concede his position).

He had had 82 drives before today’s meeting, since the first of those two Careless Driving breaches.

The Penalty Guide did not provide a starting point for a third Careless Driving breach.  It proposed a 3-day suspension for a second such breach that involved hitting a wheel, with the consequences of this action going to penalty.

Mr Renault believed a 1-day uplift to a 4-day suspension was appropriate to reflect a third breach, which Stewards had assessed to be at a low to mid-level of carelessness. With regard to any consequential effects, Mr Renault said Ms Green did not feel her chances had been affected as a result of the punctured tyre.

Mr Orange said he was being penalised despite the incident having no bearing on the result of the race. Asked whether he wished to request a deferment, Mr Orange said he would need to speak with Trainers first. The hearing was adjourned to give him this opportunity.

When the hearing resumed, Mr Orange requested a deferment of any suspension to allow him to drive up to and including the Rangiora meeting on 2 March 2025.

REASONS FOR PENALTY

There is a degree of carelessness by the Respondent when he shifts off the peg line and strikes Ms Green’s wheel near the 350 metre mark. The breach is held to be low level by the Adjudicative Committee, and can be characterised as a slight misjudgement.

This is the third Careless Driving breach by Mr Orange within five weeks. The Penalty Guide provides a starting point of 3-day suspension for a second Careless Driving breach that involves hitting a wheel, with the consequences of this action going to penalty. It does not address a starting point for a third breach in these circumstances.

A 1-day uplift to a starting point of a 4-day suspension is warranted, to reflect the fact this is a third breach in a reasonably short period of time.

Ms Green gave evidence that, in her opinion, the finishing position of TOP POCKET CHANCE was not adversely affected by her wheel being hit and the tyre punctured. She said her horse ran disappointingly and was already not travelling well when the incident happened. Mr Orange’s horse went on to win the race and no other horses were affected.

There are no aggravating or mitigating factors. MIKI’S BEAUTY won by 4 lengths for Mr Orange. The Adjudicative Committee finds the low range carelessness on the final bend did not affect the race result.

CONCLUSION

The Respondent’s request for a deferment is granted. Open Driver Blair Orange is suspended for four days, from the conclusion of racing on 2 March 2025 up to and including racing on 9 March 2025. The meetings affected by the period of suspension are: Oamaru HRC (5 March), Westport TC (7 March), Northern Southland TC (8 March) and Reefton TC (9 March).