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Auckland RC 12 December 2010 - R 8

Created on 13 December 2010

Rules:
638(1)(d)
Committee:
ADooley (chair)
BTims
Name(s):
Mr M Sweeney
Informant
Mr A Coles stipendiary steward
Information Number
7579
Plea:
Admitted
Charge:

Careless riding

Evidence:

Mr Williamson, Stipendiary Steward, demonstrated the video films and pointed out to the committee near the 150 metres, M. Sweeney allowed his mount SPLINTER to shift in under pressure crowding and checking RIO NUGGET (J McDonald) and CORETTA (D Johnson). He said Mr Sweeney’s mount ducked in abruptly when only ¾’s to 1 length clear. He believed Mr Sweeney made some effort to correct his mount but it was too late.

Submission For Decision:

Mr Sweeney when asked said Mr Williamson had summed up the incident well. He said he had both hands on the reins to correct his mount from running in but it was too late.

Decision:

As the breach was admitted we find the charge proved.

Submission For Penalty:

Mr Coles said Mr Sweeney should have made a greater attempt to stop his mount running in. He said Mr Sweeney had just returned from a lengthy injury break and is trying to establish his career again. He said Mr Sweeney had only 1 previous breach in the last 12 months and submitted a suspension at the lower end would be appropriate.

Mr Sweeney submitted that he has firm commitments up to and including Counties meeting on 15 December 2010. He informed the committee he has recently discussed with Riccarton trainer Mr P Williams his willingness to ride members of his team in the up coming weeks.
Mr Coles when asked to comment of Mr Sweeney’s Riccarton opportunity said he had no reason to doubt the submission.

Reasons For Penalty:

The committee carefully considered all of the evidence and submissions presented.

Mitigating factors are Mr Sweeney’s admission of the breach and his overall very good record. We believe the interference was at the lower end of the scale and accept that Mr Sweeney is attempting to re-establish his career which could involve riding in the South Island. The aggravating factor was the inward movement by Mr Sweeney when insufficiently clear resulting in the check to RIO NUGGET. Taking the mitigating factors into account we believe the suspension can be moved down from the starting point of 5 days and the appropriate penalty is one of 4 days.

Penalty:

Accordingly we impose a suspension on Mr Sweeney from riding in races which is to start after racing on the 15 December and to conclude after racing on 22 December 2010 (4 riding days).

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