Wyndham HRC 4 September 2025 – R3 – Tyler Dewe

BACKGROUND

Following the running of Race 3, Junior Driver Tyler Dewe admitted a breach of Rule 868(3); namely that, when driving LADY WHISTLEDOWN, he “failed to drive his runner out to the end of the race when having a reasonable chance of finishing in 2nd place.”

As a Junior Driver, the Respondent was offered the assistance of a Senior Licenceholder. Mr Dewe elected to proceed with the hearing unassisted.

Mr Dewe endorsed the Information, ‘I do admit a breach of the Rule.’ He confirmed to the Adjudicative Committee his understanding of the Rule and the nature of this charge, along with his admission of the breach.

Rule 868 provides as follows:

(3)     Every driver shall drive his or horse out to the end of the race if he or she has any reasonable chance of running first, second, third, fourth, or fifth.

The result of Race 3 was:

1st    6              MONARO MEDORA

2nd   2             DELLA’S FELLA

3rd    4             OUR ROSE HILL

4th    9             MAJESTIC CHALLEN

5th    7              LADY WHISTLEDOWN

The margin between 2nd and 5th was 0.3 lengths.

EVIDENCE

Mr Munro used the available race videos to identify Mr Dewe, driving LADY WHISTLEDOWN, settle midfield outer before improving with the whip drawn to lead at the 1250 metre mark. Mr Dewe was challenged by other horses from the 500 metre mark and could be seen lightly tapping his horse with the whip rounding the bend and into the home straight.

LADY WHISTLEDOWN continued to battle away in what developed into a tight finish, Mr Munro said. He identified the 50 metre mark on the primary race video, at which point Stewards believed LADY WHISTLEDOWN was “probably tied for first… if not a very close second.”

Mr Dewe could be seen urging his horse with a series of light whip taps before and just after the 50 metre mark. Mr Munro said the Respondent sat up on his horse and offered her no further encouragement from about the 35 metre mark. LADY WHISTLEDOWN finished in 5th place, 0.3 lengths from 2nd place.

Mr Munro said drivers were required under r 868(3) to urge their horse through to the line in an acceptable manner, which could involve use of the whip and/or reins, so that they could finish in the best possible position.

Mr Dewe accepted the Stewards’ view that he should have done more to keep encouraging his horse to the finish. There was no suggestion from him that LADY WHISTLEDOWN had trotted roughly in the closing stages of the race.

DECISION

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

PENALTY SUBMISSIONS

Mr Munro produced the Respondent’s record, which was clear for the previous 12 months and showed that Mr Dewe rarely steps into the sulky. Mr Dewe was licensed as a Junior Driver and, in this respect, confined his activity to Southland meetings. He had had 3 drives this season and 5 drives last season. His lifetime drives stood at 209.

Mr Munro referred to the sliding scale for r 868(3) in the Racing Integrity Board’s Harness Racing Penalty Guide. The starting point for failing to drive out to the end of a race when having a reasonable chance of finishing in 2nd place was a 5 day suspension. Due to the short margins involved in this breach, this was where Stewards believed the penalty should sit.

The Respondent’s clear record, admission of the breach and status as a Junior Driver could be taken into account, Mr Munro said.

In his penalty submission, Mr Dewe said he did not agree that he had a reasonable chance of finishing 2nd. He believed LADY WHISTLEDOWN was spent before he stopped driving her out, and, regardless of what actions he took, would never have finished closer than 5th place.

The Adjudicative Committee asked Mr Dewe if he wanted to seek advice on this particular point from a senior licenceholder. He confirmed that he did not.

Mr Dewe added that he wished to start any period of suspension immediately. He said that he was unlikely to drive again.

REASONS FOR PENALTY

The Respondent accepted that he failed to take the available and permitted measures to drive his horse all the way to the finishing line. He disputed the contention by Stewards that he had a reasonble chance of finishing in 2nd place. However, he did admit the breach as it was alleged and, further, twice assured the Adjudicative Committee that, as a Junior Driver, he was comfortable representing himself without the assistance of a senior licenceholder.

Rule 868 states as follows:

(3)     Every driver shall drive his or horse out to the end of the race if he or she has any reasonable chance of running first, second, third, fourth, or fifth.

The Rule does not require the Adjudicative Committee to find that a higher placing (in this case, 2nd place) would have definitely resulted had the horse been fully driven out – only that there was a “reasonable chance.”

It was clear from the evidence of the race videos that LADY WHISTLEDOWN was fighting valiantly in the home straight. It was also clear to the Adjudicative Committee that Mr Dewe stopped using the whip and reins some 35 metres from the finish, when still in contention for 2nd placing.

Precedent decisions concerning penalties for breaches of r 868(3) that were reviewed by the Adjudicative Committee largely adhered to the relevant starting points for the placing said to have been lost.

In a case of having a reasonable chance of running 2nd, the RIB Harness Racing Penalty Guide provides a penalty of a 5 day suspension for a first breach.

Mr Dewe drives very infrequently, and suggested to the Adjudicative Committee that he may not drive again.

Consideration was given to Mr Dewe’s clear record, admission of the breach and status as a Junior Driver.

Given how seldom Mr Dewe had been driving, and the tendency for previous penalties under this Rule to land on the Penalty Guide’s starting points, the Adjudicative Committee, on this occasion, found that a 5 day suspension was appropriate.

CONCLUSION

Junior Driver Tyler Dewe is suspended for 5 days from the conclusion of racing on 4 September 2025, up to and including 9 October 2025. The Southland meetings affected by the period of suspension are: Invercargill HRC (11 September), Winton HRC (18 September), Gore HRC (28 September), Wyndham HRC (2 October) and Northern Southland TC (9 October).