NZ Metro TC 1 July 2022 – R1 – Michael Heenan

BACKGROUND:

Following the running of Race 1, Balancing Your Books Mobile Pace, an Information was filed by Manager of Stewards, Nigel McIntyre, alleging that the Respondent, Michael Heenan, breached Rule 869(6)(c) in that, as the driver of TROUBLE SUPREME in the race, he shifted out passing the 1100 metres forcing HIT THE BEACH (Colin DeFilippi) to race wider in the track, a breach of the Pushout Rule.

The “Pushout Rule’ (Rule 689) provides:

(6)  Subject to sub-rule (4) hereof:

(a)   Drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;

(b)   A horse  during any race shall not be forced to race wider on the track;

(c)   A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7)  Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

The Respondent admitted the breach and endorsed the Information accordingly.

EVIDENCE:

Stipendiary Steward, Paul Williams, using video replays, pointed out the two runners as the field raced past the winning post with 1200 metres to run. He pointed out TROUBLE SUPREME, driven by the Respondent, racing four places back on the marker line, to the inside of HOWLING WOLF (John Dunn) which was racing in the one-out line. Mr McIntyre then pointed out Mr Dunn pulling out to improve his position 3-wide. HIT THE BEACH, driven by Colin DeFilippi, which had been following HOWLING WOLF in the one-out line went to improve into the position in the one-out line vacated by Mr Dunn, and had got outside the sulky wheel of  TROUBLE SUPREME when Mr Heenan shifted out, forcing Mr DeFilippi to change ground and race 3-wide.

Mr Heenan said that he wanted to point out, in mitigation, two things. Firstly,  when Mr Dunn came out, there was room for him to come out in front of Mr DeFilippi. However, he had reacted  too slowly, he said. Secondly, Mr DeFilippi could have dropped back in behind him, he said, but this did not excuse his own actions because, he repeated,  he was too late in coming out. He accepted Mr McIntyre’s version of what happened.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Heenan’s record under the Rule was clear. So far this season, the Respondent has had 36 drives and in the extended 2020/2021 season, he had 62 drives.

The Penalty Guide starting point is a fine of $250 and Stewards believed that a $200 fine was an appropriate penalty.

Mr Heenan did not wish to comment.

PENALTY REASONS:

The Penalty Guide suggests a starting point of a fine of $250 for a breach of the Rule. There are no aggravating factors. Mitigating factors to be considered are the Respondent’s frank admission of the breach and his good record. Those factors warrant a discount from the Penalty Guide starting point, which discount the Adjudicative Committee fixes at $50.

CONCLUSION:

The Respondent, Driver Michael Heenan, is fined $200.