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Ashburton RC 16 March 2012 - R 1

Created on 20 March 2012

Rules:
638(1)(d)
Committee:
JPhelan (chair)
GHall
Name(s):
Miss A B Collett - Apprentice Jockey
Mr K H Hughes - Licensed Trainer
Ms B J Middlewood - Licensed Trainer
Mr L M Robinson - Licensed Jockey
Mr C W Johnson - Licensed Jockey
Informant
Mr J M McLaughlin - Stipendiary Steward
Information Number
A5355
Plea:
Denied
Charge:

Careless riding.

Evidence:

Following the running of Race 1, the Rural Livestock Maiden, an information was filed by Stipendiary Steward Mr J. M. McLaughlin alleging a breach of Rule 638(1)(d) by Apprentice Jockey Miss A. B. Collett in that she rode carelessly.

The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 638(1)(d) (in that) Miss Alysha Collett allowed her mount to shift in near the 1000m crowding the running of The Guru which was checked, clipped heels and lost ground.”

Rules 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless…”

Miss Collett is an Apprentice Jockey and she was assisted at this hearing by Licensed Trainer Mr K. H. Hughes. Miss Collett had indicated on the information that this breach was not admitted, and she confirmed this at the hearing. Miss Collett also agreed that she understood the charge and the Rule it was brought under.

Submission For Decision:

Mr McLaughlin gave evidence and had Stipendiary Steward Mr Ray use video coverage to show that at about the 1000 metre mark “Control” (1) had been racing on the outside of “The Guru” (3) with “Noeline” (7) on the inside of that horse. It was alleged that Miss Collett had then moved inwards crowding “The Guru” with the result that “The Guru” had clipped the heels and lost ground.

Mr L. M. Robinson, the rider of “The Guru”, gave evidence that before this incident he was established on the inside of Miss Collett with Mr Johnson (“Noeline”) about ¾ length ahead of him on his inside. Miss Collett was improving on his outside and he ran out of room and ended up clipping heels. Mr Robinson was clear in his evidence that there was pressure from his outside (Miss Collett), but none from his inside.

When questioned Mr Robinson did not agree that he had received any pressure from “Noeline” which might have contributed to the incident. It was put to Mr Robinson that his horse had stumbled rather than clipping heels, but Mr Robinson said this was not so.

Miss Collett gave evidence that she had been keeping a straight line and was clear of “The Guru” when she moved inwards, and that the problem had been caused because “Noeline” was racing erratically and had pushed “The Guru” outwards.

At the conclusion of her evidence Miss Collett was asked if she had contemplated calling Mr C. W. Johnson to give evidence. Miss Collett said that she would like to call Mr Johnson to give evidence on her behalf. The hearing was then adjourned for this purpose.

When the hearing resumed Mr Johnson was asked if his horse had been hard to control, and if it had moved outwards onto “The Guru” at the time of this incident. Mr Johnson said that his horse was keeping its line and that it had not moved outwards onto “The Guru” as suggested.

At the conclusion of the hearing both parties made closing submissions outlining their cases.

We adjourned to consider our decision.

Reasons For Decision:

We carefully reviewed the evidence and the video coverage. We were satisfied that when Miss Collett moved inwards she was not clear and put pressure on “The Guru” with the result that this horse was pushed inwards with the result that it clipped the heels of “Controlo”. The evidence of Mr Robinson and Mr Johnson was quite clear and we reject Miss Collett’s submission that there was any contribution to this incident from “Noeline”.

Decision:

On resuming the hearing Miss Collett was being assisted by Licensed Trainer Ms B. J. Middlewood. We gave our reasons (as set out above) and advised that we found that the charge had been proved.

Submission For Penalty:

In relation to penalty Mr McLaughlin advised that Miss Collett had previously breached this Rule on three occasions in the last 12 months. These breaches were on 9 April 2011 at Riccarton (5 days), 22 June 2011 at Whangarei (4 days), and 21 January 2012 at Counties (4 days). We note that in the last 9 months Miss Collett has breached this Rule only once.

It was established that Miss Collett has had about 800 rides in the last 12 months, andMr McLaughlin said that her riding record was very good.

Although this incident caused “The Guru” to blunder, Mr McLaughlin assessed the breach as being at the low end of the scale of seriousness, and he submitted that a suspension of 4 days should be imposed.

Miss Collett decided that she did not want a suspension to be postponed, as the Rules allowed. Miss Collett had no submissions to make with regard to penalty.

Reasons For Penalty:

In considering an appropriate penalty in this case we took into account that the Stipendiary Stewards considered Miss Collett’s riding record to be very good, despite the previous breaches. Our assessment of the seriousness of this breach was that it was mid to low range. It was also agreed that Miss Collett rides at all available race meetings.

Taking all the above matters into account we decided that a four day suspension should be imposed in this case.

Penalty:

We advised the parties of our reasons (as set out above) and that Miss Collett’s Apprentice Jockey’s Licence was suspended from after the completion of racing on 19 March 2012, until after the completion of racing on 23 March 2012. This is a four day suspension – the days being Taranaki on 20 March 2012, Counties on 21 March 2012, Otago on 22 March 2012, and Waipukurau on 23 March 2012.

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