Timaru HRC 4 April 2023 – R1 – Richard Sissons

ID: RIB18176

Respondent(s):
Richard Sissons - Driver

Applicant:
Stipendiary Steward - Mr Matt Sole.

Adjudicators:
Dave Anderson

Persons Present:
Stipendiary Stewards - Mr Sole and Mr Renault; Amateur Driver - Mrs Coleen Negus and Mr Sissons.

Information Number:
A21409

Decision Type:
Race Related Charge

Charge:
Careless Driving checking another runner.

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

Plea:
Not Admitted

Animal Name:
OPAWA LOUIE

Code:
Harness

Race Date:
04/04/2023

Race Club:
Timaru Harness Racing Club

Race Location:
Phar Lap Raceway - State Highway 1, Washdyke, Timaru,

Race Number:
R1

Hearing Date:
04/04/2023

Hearing Location:
Phar Lap Raceway

Outcome: Proved

Penalty: Amateur Driver Richard Sissons is suspended for 6 weeks.

BACKGROUND:

Following the running of Race 1, Stipendiary Steward Mr Matt Sole presented an Information alleging a breach of Rule 869(3)(b) by Amateur Driver Mr Richard Sissons.

The detail of the Information was “ R Sissons (OPAWA LOUIE) drove carelessly leaving the final bend by shifting inwards checking MARK DUNNETT which locked wheels with KNOCKSHANBALLY.

Rule 869(3)(b) provides:

Any driver in a race may not drive:

(b) Carelessly.

Mr Sissons said he understood the Rule , the Charge and confirmed he denied the breach.

EVIDENCE:

Mr Sole played the relevant videos to show at approximately the 400m, Mr Sissons move his horse into the 3 wide line approaching the final straight. Mr Sole pointed to Mrs Negus drive her horse into the gap created by Mr Sissons. He said Mr Sissons has then moved back to the 2 wide line dictating Mrs Negus inwards and as a consequence, she has locked wheels with KNOCKSHANBALLY.

Mr Sissons said he believed Mrs Negus hasn’t stopped driving her horse and that KNOCKSHANBALLY has shifted out slightly, contributing to the sulky’s locking wheels. He said he has made no contact with Mrs Negus (MARK DUNNETT) and has only made a minor movement inwards.

Mr Sole asked Mrs Negus for her account of the incident. Mrs Negus said she was well established in the 2 wide line between KNOCKSHANBALLY and OPAWA LOUIE. She said she could see Mr Sissons’ colours moving into her line and the next thing she knew, she was locked together with KNOCKSHANBALLY.

Mr Sissons asked Mrs Negus if she was hanging inwards, and she replied her horse was driving straight and true.

Mr Sole, summing up, said Mr Sissons has clearly shifted from 3 wide, inwards into the rightful line of Mrs Negus, who has had to check, resulting in the two sulkies locking wheels.

REASONS FOR DECISION:

The Adjudicative Committee found the video evidence compelling. Mr Sissons has shifted inwards from 3 wide, to a one off position and tightened Mrs Negus. Mr Sissons has misjudged this shift and the consequences were clear on the video.

DECISION:

The charge was found proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said Mr Sissons had 4 drives last season and only 1 this year. He said the starting point of a 3 day suspension was an appropriate penalty considering all the factors in this case.

Mr Sissons considered a fine would be a fairer conclusion and declined any deferment.

REASONS FOR PENALTY:

The Harness Racing Penalty Guide provides for a 3-day suspension as a starting point for a breach of this Rule.

Mr Sissons has a clear record and his manoeuvre was a slight misjudgment, however, it has resulted in two runners’ chances being extinguished. The Adjudicative Committee considers a 3-day suspension, which equates to 6 weeks in Amateur Driving terms, appropriate in this case.

CONCLUSION:

Mr Sissons’ licence to drive in races is suspended from the close of racing today, up to and including racing on 16 May 2023.

Decision Date: 04/04/2023

Publish Date: 05/04/2023