Hororata TC 6 March 2022 – R4 – Don Burrows

Summary of Facts:

Following the running of Race 4, the Respondent Mr Don Burrows, admitted a breach of Rule 869 (3)(b); namely that he drove carelessly when contacting the wheel of SWEET AND SOUR near the 2200 metres.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage Stipendiary Steward Mr Paul Williams identified the horses involved in the incident namely, LAY ON MACDUFF driven by Mr Burrows and SWEET AND SOUR driven by Ms K Tomlinson. He said that Mr Burrows has shifted his horse from 3 to 2 wide to follow Ms Tomlinson and in this manoeuvre has struck her wheel on 2 occasions puncturing the tyre.

The Respondent made no submissions.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submission for Penalty:

Stipendiary Steward Mr Williams produced the Respondent’s record which indicated he has had 2 drives in the past 24 months.

Mr Williams and Stipendiary Steward Mr Nigel McIntyre stated they had an in-depth discussion with Mr Burrows to find appropriate penalty submissions given Mr Burrows’ rare appearances on the race track and all parties agreed a fine was in order.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of

• Driver hits wheel – 6 drives or $300

After taking into account the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner, the Adjudicative Committee assessed the breach as medium and adopted a $300 fine as the starting point.

The Respondent was given credit for his good record and admission of the breach resulting in a $50 reduction from the starting point.

After evaluating all of the factors the Adjudicative Committee determined a $250 fine to be an appropriate penalty in the circumstances of this case.

Penalty:

The Respondent was fined the sum of $250.