Auckland TC 8 June 2023 – R10 – John Robinson

Following the running of Race 10, an Information No. A16381 was filed by Senior Stipendiary Steward Mr Mulcay alleging Driver Mr Robinson, breached Rule 869(3)(b).

Particulars of the charge include that “he has driven carelessly near the 300 metres when losing his left rein which resulted in his gelding racing on track markers causing it to break and lose all chance”. 

Mr Robinson endorsed the Information ‘I do admit the breach of the rule’.  At the commencement of the hearing, he confirmed his plea.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using the available race films, Mr Mulcay identified ULTIMATE MOMENT (J Robinson), who was racing three back on the markers, rounding the home turn into the straight.  He said that after activating the horse’s gear, Mr Robinson ‘lost the left rein’, causing ULTIMATE MOMENT to drift into several markers.  As a consequence, ULTIMATE MOMENT broke, and galloped, and lost all chance.  Mr Mulcay said that the incident was the direct result of Mr Robinson not taking sufficient care.

In response, Mr Robinson said that he did not make contact with or affect the chances of any other runner.

Decision:

As Mr Robinson admitted the breach, the Adjudicative Committee found the charge proved.

Submission For Penalty:

Mr Mulcay submitted that Mr Robinson has a clear record, and he should be given credit for admitting the breach at the first opportunity. He added that the breach is mid-range end.

Mr Mulcay referred to the Penalty Guide, which provides for a starting point of a 3-day suspension.

Mr Robinson did not seek a deferment to any proposed suspension and had nothing further to add in terms of penalty.

Reasons For Penalty:

The Penalty Guide provides a starting point of a 3-day suspension.  The Adjudicative Committee has noted that similar recent breaches have incurred a 2-to-3-day suspension.

After taking into account the submissions of both the Applicant and Respondent and noting the race films, the Adjudicative Committee assessed Mr Robinson’s level of carelessness as low to mid-range.  Clearly, he failed to take due care.  Apart from his own horse breaking, there were no adverse consequences to any other runner.

After affording Mr Robinson credit for his very good record, albeit he has limited driving opportunities, his admission of the breach and the mitigating factor, a 2-day suspension was determined to be appropriate in the circumstances of this case.

Conclusion:

Accordingly, Mr Robinson’s Licence to drive in races is suspended for two days (northern), from 9 June 2023 until 22 June 2023 (inclusive).