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Ashburton TC 12 January 2021 - R 9 - Chair, Mr R McKenzie

Created on 14 January 2021

Rules:
869(3)(b)
Committee:
RMcKenzie (chair)
Name(s):
G C Telfer
Licensed Graduation Driver
N G McIntyre
Manager of Stewards
Informant
C M Tibbs
Stipendiary Steward
Information Number
A12688
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 9, Studholme Park Yearling Draft 2021 Handicap Trot, an Information was filed by Stipendiary Steward, Ms C M Tibbs, against Licensed Graduation Driver, Mr G C Telfer, alleging that, as the driver of PRINCE RANIER in the race, “he allowed his horse to shift inwards over the concluding stages hampering BOYZ INVASION (M G Heenan)”.

Mr Telfer had signed the Statement by the Respondent on the Information form indicating that he admitted the breach and he confirmed this at the hearing at which he was present.

Rule 869 provides as follows:

(3) No driver in any race shall drive:-

(b) carelessly

The Committee had viewed the video replays at length during the course of the earlier protest hearing, but requested that they be shown again.

Ms Tibbs said that Mr Telfer had continued to drive his horse out, making only one small effort to stop its inwards shift. He had allowed his horse to shift into the passing lane, causing interference to BOYZ INVASION. Ms Tibbs agreed that the extent of the shift was approximately four sulky widths. Mr McIntyre added that the shift had been over approximately 140 metres, over which distance Mr Telfer continued to drive his horse out.

Mr Telfer did not wish to say anything in relation to the incident.

Decision:

Mr Telfer having admitted the breach, the charge was found proved.

Submission For Penalty:

Ms Tibbs referred to the Penalty Guide starting point of a 3-days suspension. She said that Mr Telfer is an infrequent driver – 8 drives last season and 8 to date in the current season.

She referred to the aggravating factor that Mr Telfer’s carelessness had resulted in relegation of his horse. He has a clear record under the rule, Ms Tibbs said, and has admitted the breach.

The hearing then proceeded to look at upcoming race meetings at which Mr Telfer would be able to drive. He said that he was not going to the two-day meeting of Marlborough TC on 15 and 17 January. He had no submissions to make in relation to penalty.

Reasons For Penalty:

The appropriate Penalty Guide starting point for this breach is a 3-days suspension. Mr Telfer’s horse was relegated from 1st placing to 2nd, which is an aggravating factor, for which the Committee applies a 2-days uplift to the starting point to 5 days.

Mr Telfer is entitled to a discount for his admission of the breach and his clear record, albeit involving a small number of drives, which discount the Committee fixes at 1 day.

Penalty:

Mr Telfer’s Graduation Driver’s Licence is suspended from after the close of racing on 12 January 2021 up to and including 29 January 2021 – 4 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 22 January, Banks Peninsula TC on 24 January, Forbury Park TC on 27 January and NZ Metropolitan TC on 29 January 2021.

The two-day meeting of Marlborough TC on 15 and 17 January 2021 is not included in the period of suspension, Mr Telfer having told the hearing that he did not intend to attend that meeting.

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