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Auckland RC 1 January 2013 - R 8

Created on 04 January 2013

Rules:
638(1)(d)
Committee:
ADooley (chair)
RSeabrook
Name(s):
Mr M Hills - Licensed Rider of KITT ANN MISS
Mr J Oatham - Stipendiary Steward
Informant
Mr R Neal - Co-Chief Stipendiary Steward
Information Number
A3256
Plea:
Admitted
Charge:

Following race 8, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Neal alleged that rounding the final turn Mr Hills permitted his mount KITT ANN MISS to shift out when not clear of THE HOMBRE which was taken out into the line of FAZZLE which was dictated wider.

Evidence:

Mr Oatham demonstrated the incident by using all the available films. He pointed out to the committee that Mr Hills permitted his mount KITT ANN MISS to shift out abruptly on the point of the 400 bend. In doing so this caused interference to THE HOMBRE and FAZZLE with the latter being dictated over extra ground.

Mr Hills informed the committee that his mount had run up on the heels of GINNER HART on the final turn. He said to avoid his heels he angled his mount out to obtain clear running. However, in doing so he conceded 2 runners were checked.

Decision:

As Mr Hills admitted the breach we find the charge proved.

Submission For Penalty:

Mr Neal produced Mr Hills record which showed 2 previous breaches under this rule in the last 12 months. He submitted the mitigating factors were his good record, admission of the breach and the Stewards assessed the level of carelessness as low end. The aggravating fact was that the interference occurred in a Group 1 race worth $200,000 noting that FAZZLE was taken wider on the track. He submitted a suspension was the appropriate penalty and would leave it up to the committee to determine the number of days.

Mr Hills submitted that he had firm commitments up to and including 3rd January and requested his proposed suspension start after the conclusion of this race day. He confirmed to the committee that he rides all over the North Island.

Reasons For Penalty:

The committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Hills admission of the breach, his good record and we assess the level of carelessness as low range. However, the aggravating fact was the status of the race being a Group 1 worth $200,000. Taking into account all the above factors and placing emphasis on the mitigating factors, we believe an appropriate penalty is 5 days.

Penalty:

We grant Mr Hills request to seek a deferment to his suspension as per Rule 1106(2)

Accordingly, we impose a suspension on Mr Hills which will commence after racing on 3rd January and conclude after racing on 11th January 2013 (5 days).

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