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Ashburton RC 7 July 2017 - R 6 - Chair, Mr D Anderson

Created on 10 July 2017

Rules:
638(1)(d)
Committee:
DAnderson (chair)
SChing
Name(s):
Mr J Lowry - Class B Rider
Mr M Davidson - Stipendiary Steward
Informant
Mr J McLaughlin - Stipendiary Steward
Information Number
A9503
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of race 6, the J J LTD 1400, an Information was filed by Stipendiary Steward, Mr J McLaughlin alleging a breach of rule 638(l)(d). The Information stated that Mr Lowry allowed his mount "Fire Lily " to shift outwards causing "Lady Davone" (A Collett) to be checked in the shadows of the post.

Rule 638(l)(d) reads as follows:
"(]) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless"

Mr Lowry had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Lowry also agreed that he understood the charge and the Rule it was brought under. Mr Lowry was asked if he required representation at the hearing but stated that he was comfortable without assistance.

Mr Davidson used the race video to identify "Fire Lily" and Mr Lowry racing behind the leading horses with approximately I00 metres to run. He pointed to Mr Lowry angling out and across the heels of the leading horses and into the racing line of "Lady Davone" (Miss A Collett) who had to be checked. Mr Davidson said that at the same time there was some inward pressure on Miss Collett but that Mr Lowry had misjudged his manoeuvre.

Mr Lowry agreed with the description of the incident and added that "horses needed to be steered" and admitted he had failed to do so in this instance.

Decision:

As Mr Lowry admitted the breach the charge was found proved.

Submission For Penalty:

Mr McLaughlin said that Mr Lowry has had 3 previous breaches of this rule in the last 6 months. He was suspended at Gore in January for 2 days and then at Riccarton in February for 3 days.  His last breach was at Timaru in June receiving 3 days.

Mr McLaughlin said the Stewards saw this breach at the low end of the spectrum and a suspension of 3 days would be an appropriate penalty.

Mr Lowry had no submissions on penalty.

When deferment was discussed Mr Lowry said he had no imminent commitments and asked for any suspension be started immediately.

Reasons For Penalty:

The Committee assessed this breach at a mid to low degree and have taken the JCA Penalty Guide starting point for a South Island rider, which is a three day suspension for a breach in this range.

The aggravating factor is Mr Lowry' s record which we consider to be poor, and this commands an uplift in penalty. We set this at one day which lifts the penalty to 4 days.

In mitigation, we can afford Mr Lowry a discount for his admission of the breach which we set at I day.

We therefore determine that a 3 day suspension is an appropriate penalty in this case.

Penalty:

Mr Lowry's licence is suspended at the close of racing today up to and including racing on the 28th July 2017. The meetings encompassed in this suspension are: -

14 July at Timaru

23 July at Oamaru

28 July at Timaru

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