Amberley TC 6 February 2023 – R4 – Don Burrows

BACKGROUND:

Following the running of Race 4, Rangiora New World (Fillies & Mares) Handicap Trot, the Respondent, Graduation Driver Don Burrows, admitted a charge that, as the Driver of SILVERLININGS in the race, he allowed his drive to start from the incorrect barrier position.

Rule 859 provides:

(2)   No driver shall permit a horse to start other than from its correct barrier position or in advance of its correct barrier position (either at a standing, mobile or moving start) unless directed by the Starter.

The Rule was read to the hearing. The Respondent confirmed that he understood the Rule and the nature of the charge.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the start of the 1950 metres standing start race. He pointed out SILVER LININGS, driven by the Respondent, being turned around by the Respondent and coming into line. The horse had drawn to start from Unruly 2 on the 10 metres line, Mr Renault said, on the outside of IT’S SO EASY (Ricky May). Mr May went to the outside. Mr Burrows should have been to his outside, Mr Renault said.

However, the Respondent remained behind, to the inside of and behind Mr May, and was back with the 20 metres runners when the start was called.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 1 drive in the season to date and in the 2022 season he had 8 drives. He has a clear record under the Rule.

The starting point for a mid-range breach of the Rule is a fine of $400, Mr Renault said. This breach is no less than mid-range, he said. The horse had started well in arrears of its correct mark, and had run home strongly for 5th placing. He submitted that the horse had been disadvantaged.

The Respondent said that he had “handicapped himself”.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (effective 1 February 2023) suggests a starting point for penalty (mid-range breach) of a $400 fine. This breach is at least mid-range. The horse, effectively, started from a 20 metres handicap rather than the correct 10 metres handicap, before running home strongly to finish 5th in the 12-horse field, after being slow away.

No discount is warranted from the Penalty Guide starting point in this case for the Respondent’s clear record (only 9 drives since 1 January 2022) or his admission of the breach, an admission being inevitable.

CONCLUSION:

The Respondent, Driver Don Burrows, is fined $400.