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Auckland RC 2 March 2019 - R 6 - Chair, Mr N McCutcheon

Created on 05 March 2019

Rules:
638(1)(d)
Committee:
NMcCutcheon (chair)
ADooley
Name(s):
Ms R Smyth - Class A Rider
Mr A Coles - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12144
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 6, McKee Family Sunline Vase (Group 3), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Ms Smyth permitted her mount to shift out near the 750 metres when not sufficiently clear of NASHA RIVA which was checked and forced outwards onto SPRING DELIGHT which was hampered.

Ms Smyth said that she understood the Rule and confirmed her admission of the breach.

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

Mr Coles demonstrated the incident using the available video footage. He identified that Ms Smyth angled her mount out near the 750 metres when insufficiently clear of NASHA RIVA. He said that runner suffered a bad check and as a consequence it was forced outwards onto SPRING DELIGHT which was hampered.

Ms Smyth accepted Mr Coles’ interpretation of the incident. She said that she should have stayed on the inside.

Decision:

As Ms Smyth admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Oatham produced Ms Smyth’s record which showed 2 previous breaches of this Rule in the last 12 months. He said Ms Smyth’s outward movement was deliberate and noted that NASHA RIVA had its chances extinguished. He described the level of carelessness as mid-range. Mr Oatham said Ms Smyth’s record was neutral and added that she was not the busiest rider around.

Ms Smyth confirmed that she was not a busy rider and requested a 7 day deferment to her proposed suspension.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

It was evident on the video footage that Ms Smyth angled her mount outwards near the 750 metres when not the required distance clear of NASHA RIVA. As a result that runner was crowded and checked. In addition SPRING DELIGHT was unbalanced when contact occurred near the 750 metres.

The Committee deemed the level of carelessness displayed by Ms Smyth was mid-range.

The JCA Penalty Guide starting point for mid-range carelessness is 8 national riding days which was adopted.

Under the provisions of Rule 920 (2) the Committee applied an uplift of 2 days due to the Group 3 status of the race and the $70,000 stake payable.

The mitigating factors were Ms Smyth’s admission of the breach and her good record. For these collective factors she was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 9 days.

Penalty:

The Committee grant a deferment to Ms Smyth’s suspension pursuant to Rule 1106(2).

Accordingly, Ms Smyth had her license to ride in races suspended for a period to commence after racing on 9 March and conclude after racing on 22 March 2019.

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