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Non Raceday Inquiry - RIU v D Nolan 18 January 2012 - Decision

Created on 20 January 2012

Rules:
638(1)(d)
Information Number:
A2017
Informant
Mr A Coles - Stipendiary Steward
Repondent(s)/Other parties:
Mr D Nolan - Jockey
Decision:

Prior to the hearing Mr A Coles tabled a letter from the racing Integrity Unit approving today’s committee hearing this charge arising from the Ellerslie meeting on 28 December 2011 at Ruakaka.

Mr A Coles alleged that JUSTA KINDA MAGIC (D Nolan) shifted out to obtain clear running dictating OPTIONS (A Collett) outwards forcing CISSY BOWEN (L Innes) over extra ground. This occurred at the 200 metres.

Mr Coles demonstrated the video films which showed at a point near the 200 metres JUSTA KINDA MAGIC was racing in tight quarters and unable to get clear running. It was evident on the films that Mr Nolan angled his mount out dictating OPTIONS outwards forcing CISSY BOWEN over extra ground. Mr Coles told the committee JUSTA KINDA MAGIC was not the required distance clear of OPTIONS when moving out. He said this caused Miss Collett who was riding OPTIONS to angle her mount out to avoid the heels of JUSTA KINDA MAGIC which forced her into the line of CISSY BOWEN.

Mr Nolan did not wish to say anything when given the opportunity.

Mr Coles submitted this was Mr Nolan’s 5th charge this season under this rule. However he believed his carelessness today was in the low to mid range. He explained to the committee that Mr Nolan was under suspension on another charge until the conclusion of racing on 29 January.

Mr Nolan had nothing to say regarding penalty and said he rode throughout the North Island.

The committee considered all evidence and submissions as presented. The mitigating factor was Mr Nolan’s early admission of the breach. In this case the committee finds his carelessness to be at the low end when he moved out when insufficiently clear. For these reasons we would normally impose a suspension of 4 days but because of Mr Nolan’s record under this rule this season we determine a 5 day suspension is appropriate.

Penalty:

As Mr Nolan is currently suspended until after racing on 29 January we order this suspension is to start after racing on that day (29 January) and conclude after racing on 6 February 2012 (5 days).

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