Wyndham HRC 8 September 2022 – R2 (heard 24 September 2022 at Winton) – Andrew Armour

ID: RIB11188

Respondent(s):
Andrew Armour - Driver

Applicant:
Mr Shane Renault - Stipendiary Steward

Adjudicators:
Mr N Skelt

Persons Present:
Mr S Renault - Stipendiary Steward, Miss R Haley - Stipendiary Steward, Mr A Armour - Driver

Information Number:
A15975

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement - Careless Driving

Plea:
Admitted

Animal Name:
Jabali

Code:
Harness

Race Date:
08/09/2022

Race Club:
Wyndham Harness Racing Club

Race Location:
Wyndham Racecourse - Alma St, Wyndham, 9892

Race Number:
R2

Hearing Date:
24/09/2022

Hearing Location:
Winton Racecourse

Outcome: Proved

Penalty: Driver Andrew Armour was fined the sum of $250

Background

Mr Andrew Armour was charged under Rule 869(3)(b) careless driving at the Wyndham Harness meeting on the 8th of September 2022.

The hearing was not able to be held and was adjourned to the Winton Harness meeting on the 24th of September 2022.

Summary of Facts

The Respondent Mr Andrew Armour, admitted a breach of Rule 869(3)(b) namely that he allowed his horse JABALI to move outwards when not sufficiently clear of TISBURY ROCKS (K Green) striking its sulky wheel with its wheel puncturing.

Rule 869(3)(b): No driver in any race shall drive carelessly.

Using the available video footage Stipendiary Steward Miss Rebecca Haley identified the horses in the incident. Miss Haley said the video footage did not highlight the incident, but the consequence of Mr Armour moving out and the proximity of racing, with TISBURY ROCKS striking the sulky wheel. Mr Armour whilst admitting the breach, believed there were several contributing factors, in that TISBURY ROCKS had been half carting for at least 150 metres and that Mr Orange’s horse was also hanging out on the bend.

Decision

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty

Mr Renault submitted that Mr Armour had a clear record under this Rule. He stated that Mr Armour has had 3,523 lifetime drives, 59 last season and 29 this season.

The Stewards believed that the level of carelessness was low. The Penalty Guide provides a starting point of a 6 day suspension or a $300 fine. The Stewards advised that in recent times a penalty of $250 was deemed appropriate.

Reasons for Penalty

On this occasion the Adjudicative Committee viewed the breach at the low level and given Mr Armour’s excellent record and early admittance, a suspension was not appropriate and a fine was imposed.

Conclusion

Mr Armour was fined the sum of $250.

Decision Date: 24/09/2022

Publish Date: 27/09/2022