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NZ Metro TC 12 April 2019 - R 1 - Chair, Mr D Anderson

Created on 15 April 2019

Rules:
869(3)(b)
Committee:
DAnderson (chair)
RMcKenzie
Name(s):
Mr P Wallace - Amateur Driver
Mr R Quirk - Stipendiary Steward
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A12441
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 1, the Bishopdale/Bush Inn TAB’S (Amateur Drivers) Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Amateur Driver Mr P Wallace alleging that. “P Wallace (SENORITA MARGARITA) drove carelessly racing into the first bend when shifting ground inwards checking KANSAS CITY JIM (N Chalmers) and CHELSEA ELLA (S Murtha)”.

Mr Wallace had signed the Information admitting the breach and did not wish to be present at the hearing of the Information.

Rule 869(3) (b) provides as follows:

(3) no horseman in any race shall drive:
(b) carelessly

Mr Ydgren asked Mr Quirk to identify Mr Wallace four wide racing into the first bend. Mr Quirk pointed to KANSAS CITY JIM who was three wide and to its inside CHELSEA ELLA, one off the rail. Mr Ydgren said Mr Wallace has shifted in and squeezed both horses into one position with the result being both galloped and lost ground. He said the flow on affect of this was many of the horses following had to be checked.

Mr Ydgren stated Mr Wallace said his horse was hanging inwards and this had contributed to the incident but the Stewards could see no evidence of this and were of the firm opinion SENORITA MARGARITA was certainly steered inwards and caused the interference.

Decision:

Mr Wallace having admitted the breach; the charge was found proved.

Submission For Penalty:

Mr Ydgren said Mr Wallace had a clear record for this rule and although he has admitted the breach, the Stewards' opinion is this incident was almost undefendable.

He said the Penalty Guide has a $500 fine or a 10- drive suspension as a starting point and a suspension was the policy for a breach where a driver shifts ground and causes interference. The Stewards saw this case as mid to high range as 2 horses had galloped and several others were inconvenienced.

Mr Ydgren said he advised Mr Wallace they would be seeking a 10-drive suspension as Penalty and Mr Wallace responded by saying he would read about it.

Reasons For Penalty:

The JCA penalty Guidelines for the rule provides a $500 fine or a 10-drive suspension. The Committee agree a suspension is appropriate in this case.

The Aggravating factors are Mr Wallace has caused significant interference to 2 runners which impacted on many following horses changing the dynamics of the race.

The Mitigating factors are Mr Wallace’s good record and admission of the breach.

The Committee having regard for the above factors, considered a 10-drive suspension as an appropriate penalty in this case. In regard to Amateur Drivers having only 2 driving opportunities per month this would equate to a 5-month period of suspension.

Penalty:

Accordingly, Mr Wallace’s licence to drive is suspended from the conclusion of racing on 12 April 2019 up to and including racing on 12 September 2019.

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