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Auckland RC 1 January 2018 - R 9 - Chair, Mr N McCutcheon

Created on 04 January 2018

Rules:
638(1)(d)
Committee:
NMcCutcheon (chair)
ADooley
Name(s):
Mr J Bayliss - Rider VOLPE VELOCE
Mr C Johnson - Rider of VOLKS LIGHTING
Mr M McNab - Rider of MELODY BELLE
Mr A Coles - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A10034
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of Race 9 (Sistema Railway Group 1), Information No.A10034 was filed with the Judicial Committee. It was alleged by the Informant Mr Oatham that Mr Bayliss allowed his mount VOLPE VELOCE to shift in near the 75m when not sufficiently clear of VOLKS LIGHTNING which was hampered and forced in crowding MELODY BELLE which was checked.

Rule 638(1)(d) provides:
A rider shall not ride a horse in a manner which the judicial Committee considers to be careless

Mr Bayliss said that he understood the Charge, the Rule and confirmed to the Committee that he did not admit the breach.

Submission For Decision:

Mr Coles showed all film replays and said that he did not deny that MELODY BELLE had shifted out slightly but at that stage interference had not occurred. He said that Mr Bayliss then shifted in 2 horse-widths towards VOLKS LIGHTNING, that he moved in on an angle and at no point did he stop riding and straighten his mount. He said that this cost VOLKS LIGHTNING a better placing. He added that MELODY BELLE was checked when on the heels of START WONDERING. (START WONDERING had been racing to the inside of MELODY BELLE). Mr Coles invited the Committee to note that PACKING EAGLE who had been racing outside of VOLPE VELOCE was still 2 horse-widths away from VOLPE VELOCE when the interference occurred.

Mr Bayliss did not have any questions to put to Mr Coles.

Mr Oatham called Mr Johnson, the rider of VOLKS LIGHTNING as a witness. Mr Johnson said that when he was out on the track he was of the opinion that VOLPE VELOCE had moved in slightly. However he said that after viewing the films that there was definitely movement outwards from MELODY BELLE.

In answer to a final question from Mr Oatham Mr Johnson said that there was movement from the outside.

At this stage of proceedings Mr McNab who was the Rider of the worst affected runner in MELODY BELLE, surprisingly was not called as a witness for the RIU. The Respondent, Mr Bayliss called Mr McNab as his witness.

In answer to Mr Bayliss’ questioning Mr McNab said that MELODY BELLE was running away from START WONDERING and that his horse was tiring and was intimidated by START WONDERING.

In response to a question from Mr Oatham, Mr McNab said that he did receive a bump and added that his horse was a 3yo filly, was tiring and was not able to hold her spot. He added that he either had to keep pushing or take a hold.

When asked a question by the Committee for clarification purposes, Mr McNab said that he had received pressure from both sides.

Mr Bayliss in his defence said that the evidence was clear that there was a shift from both sides, that they were tiring horses and that something had to give. He said that J Parkes (START WONDERING) had rolled out and that C Johnson had not stopped riding his horse. He concluded by saying that his horse shifted a half to one horse-width.

Summation
Mr Oatham for the Stipendiary Stewards said that MELODY BELLE did shift away from START WONDERING and made slight contact with VOLKS LIGHTNING. That VOLPE VELOCE then shifted in towards VOLKS LIGHTNING with Mr McNab having to check his mount off the heels of START WONDERING. He said that Mr Bayliss said that his horse stepped in a horse (width) and that Mr Bayliss made no effort to relieve the pressure. He said that VOLKS LIGHTNING was beaten by the barest of noses and that there was the likelihood that it may have run 2nd. He said that in the Stewards view Mr Bayliss was careless as he continued to ride forward when shifting in.

Mr Bayliss in response said that there was clearly a shift from both sides.

Reasons For Decision:

The Committee gave due consideration to all of the evidence, plus it spent a considerable amount of time reviewing all film replays. The Committee found that the first horse to shift was MELODY BELLE when it shifted outwards away from START WONDERING making contact with VOLKS LIGHTNING. This movement made it tight between MELODY BELLE, VOLKS LIGHTNING and VOLPE VELOCE. It was observed that shortly afterwards VOLPE VELOCE shifted in and then START WONDERING moved out. This resulted in MELODY BELLE being tightened and checked. The rear-view film of the incident clearly showed that START WONDERING had shifted out into MELODY BELLE’S line of running when she was checked. At this time the head-on film showed that there was daylight between VOLPE VELOCE and VOLKS LIGHTNING. In the opinion of the Committee the film evidence supports the evidence of all three jockeys; that there was movement from both sides.

Taking into account all of the circumstances and contributing factors, in particular the outward movement by START WONDERING that was clearly evidenced on the rear-view film, the Committee found that although VOLPE VELOCE did shift, it was not satisfied that Mr Bayliss was solely responsible for what had occurred. Furthermore, the Committee was of the opinion that Mr Bayliss had not breached Rule 638(1)(d).

Decision:

The charge of careless riding preferred against Mr Bayliss was dismissed by the Committee.

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