Banks Peninsula TC 26 November 2023 – R3 – Devon van Til

BACKGROUND:

Following the running of Race 3, Craythornes Hotel Mobile Pace, Junior Driver, Devon van Til, admitted a charge of careless driving in that, as the Driver of MONTOYA in the race, she “drove carelessly near the 650 metres when shifting ground outwards checking STRIKE ME HANDSOME (Grant Hunt)”.

The Respondent was assisted at the hearing of the charge by Open Driver, John Morrison

Rule 869 provides as follows:

(3)   No driver in any race shall drive:-

       (b) carelessly.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, had Stipendiary Steward, Shane Renault, show video replays of the incident with approximately 650 metres to run. Mr Renault pointed out MONTOYA, driven by the Respondent, racing five places deep on the markers, with STRIKE ME HANDSOME (Grant Hunt) racing to its outside, in the one-out line, as the field left the back straight.

Mr Renault then pointed out THE WELSH DRAGON (John Dunn) move 3-wide. Mr Hunt improved to the inside of that runner and to the inside of Mr Dunn’s helmet. At that point, the Respondent shifted outwards and Mr Hunt’s runner ran out of room and was checked as a result, Mr Renault said.

The Respondent said that, between making the decision to shift out when Mr Dunn went and executing it, she had been a little late and Mr Hunt’s runner had come far enough in and had made contact with Mr Dunn’s runner. She had not made contact, she said, but had been “a fraction slow” in coming out.

Mr Morrison agreed that the Respondent had been a little late in coming out but had not, he submitted, affected the chances of Mr Hunt’s runner, which had only galloped for a couple of strides, he said. The Respondent had immediately admitted the breach when spoken to by the Stewards, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Stewards placed the breach as being in the mid category. The Penalty Guide provides for a starting point for such a breach of a $500 fine or a 2-days suspension.

The breach resulted in Mr Hunt’s runner being put in an awkward position and going into a gallop, he said. However, it has not totally lost its chance. Mr Hunt confirmed to Stewards that he had been checked. Mr McIntyre submitted that a fine of $400 would be an appropriate penalty for the breach.

The provisions of the Penalty Guide were explained to the Respondent. She indicated that she would prefer a fine to a period of suspension.

Mr McIntyre said that the Respondent has had 80 drives to date this season and has not previously breached any Rule.

REASONS FOR PENALTY:

The changes to the RIB Harness Racing Penalty Guide, which came into effect on 1 November 2023, suggest a starting point for penalty for a first, mid-range breach of a $500 fine or a 2-days suspension.

Having regard to all factors, the Adjudicative Committee agrees with Mr McIntyre that the breach was in the mid-range of careless (“where the breach causes interference which impacts on own or another horse’s chances”) . Whilst Mr Hunt’s runner has not lost a lot of ground, the Respondent’s actions resulted in it being denied a gap to which it was entitled, and it has lost its position at that stage. The Adjudicative Committee noted that it finished 4th in the race.

The Respondent would prefer a fine, and the breach can be dealt with in that manner. From a starting point of a fine of $500, the Adjudicative Committee is able to give the Respondent a discount for her admission of the breach and her Junior Driver status. That discount is fixed at $100.

CONCLUSION:

The Respondent, Junior Driver, Devon van Til, is fined the sum of $400.