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NZ Metropolitan TC 11 October 2018 - R 1 - Chair, Mr R McKenzie

Created on 12 October 2018

Rules:
869(3)(b)
Committee:
RMcKenzie (chair)
HWeston
Name(s):
Mr NJH Munro - Licensed Advanced Amateur Driver
MrNM Ydgren - Chief Stipendiary Steward
Informant
R A Quirk
Stipendiary Steward
Mr RA Quirk - Stipendiary Steward
Information Number
A10867
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 1, Supreme Equine Feeds (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward, Mr RA Quirk, against Licensed Advanced Amateur Driver, Mr NJH Munro, alleging that Mr Munro, as the driver of EASTWOOD CHIEFTAIN in the race, “on the first bend shifted inwards and checked PAT CAMPBELL (CP Negus) which broke and lost ground”.

Mr Munro had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Quirk advised the Committee that Mr Munro did not wish to be present at the hearing of the information.

Rule 869 provides as follows:
(3) No horseman in any race shall drive-
     (b) carelessly.

Mr Quirk showed video replays of the incident as the field left the home straight, approximately 300 metres after the start of the 2600 metres mobile start event. At that point, PAT CAMPBELL, driven by Mrs Negus, was in the lead and EASTWOOD CHIEFTAIN, driven by Mr Munro, was racing to its outside, having come across from barrier position 8. Mr Munro then progressed forward and attempted to take the lead, but came in too quickly, and made heavy contact with PAT CAMPBELL on its inner, with that runner breaking for some distance and settling five places back on the markers. EASTWOOD CHIEFTAIN then took over the lead before taking a trail 200 metres later.

It was apparent from the head-on video replay, shown by Mr Quirk, that Mr Munro was nothing like clear of the inside runner when he attempted to cross. Mr Quirk said that the chances of PAT CAMPBELL were significantly affected in the incident, going from being the leader after 300 metres to five places back on the markers, 200 metres later.

Mr Munro had explained to Stewards that the horse was attempting to run in, but he accepted that he ought to have made more of an effort, and was careless in not doing so. 

Decision:

Mr Munro having admitted the charge, the charge was found proved.

Submission For Penalty:

Mr Quirk referred the Committee to the Penalty Guide starting point for the breach of a 10 drives’ suspension or a fine of $500. He said that Stewards regarded the carelessness as being “higher end”, having regard to the degree of interference to PAT CAMPBELL. He submitted that the starting point should be uplifted to 12 drives for that factor. However, Mr Quirk said, 12 drives for Mr Munro would be a 6 months’ suspension, on the basis of the opportunity of drives available for Amateur Drivers being regarded as one every two weeks/two a month. A suspension for that period would not assist Mr Munro to improve his driving, Mr Quirk said.

Mr Quirk said that Mr Munro has admitted the breach and has a clear record. Taking those factors into account, he said, Stewards were submitting that an appropriate penalty was a 10 drives’ suspension. However, they were submitting that a combined penalty would be appropriate in the circumstances – a two months’ suspension and a fine of $300, which would enable Mr Munro to drive over the Christmas-New Year holiday period.

Chief Stipendiary Steward, Mr Ydgren, said that he had spoken to Mr Munro who was very remorseful for his actions and, he believed, Mr Munro had apologised to Mrs Negus after the race. Mr Munro did not wish to defer the penalty and would appreciate being able to drive in the Amateur Drivers’ races over the holiday period, Mr Ydgren said.

Reasons For Penalty:

In deciding penalty, the Committee had regard to the starting point in the Penalty Guide, as pointed out by Mr Quirk, of a 10 drives’ suspension or a fine of $500. The Committee was of the view that a suspension was called for in this case, given the degree of carelessness and the consequential effects to PATRICK CAMPBELL, placing the breach in the mid-to-high range. The Penalty Guide starting point is for a mid-range breach of the Rule, and the degree of carelessness and consequential effects in this case called for an uplift in the starting point, which we fixed at 2 drives.

Mitigating factors taken into account by the Committee were Mr Munro’s admission of the breach and his previous good record. For these factors, a discount of 2 drives was applied.

The Committee was prepared to look favourably on the Stewards’ submission for a combined penalty, which Mr Munro indicated he would appreciate. The penalty of 10 drives arrived at as above is equivalent to a suspension for 2 months (4 drives) and a fine of $300 (6 drives), based on the accepted formula of one drive being equivalent to $50. 

Penalty:

Mr Munro’s Advanced Amateur Driver’s licence is suspended for a period of 2 months commencing on 12 October 2018 up to and including 11 December 2018. In addition, Mr Munro is fined the sum of $300.

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