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Auckland RC 26 October 2013 - R 4

Created on 29 October 2013

Rules:
638(1)(d)
Committee:
ADooley (chair)
GTankard
Name(s):
Mr D Nolan - Licensed Jockey
Mr J Oatham - Senior Stipendiary Steward
Informant
Mr M Williamson - Stipendiary Steward
Information Number
A6006
Plea:
Admitted
Charge:

Following race 4, The Nonie Kelly Memorial, an Information was filed pursuant to Rule 638(1)(d) .The Informant, Mr Williamson, alleged that Mr Nolan permitted his mount RIVER HEAD to shift in forcing CIVETTA inwards crowding ADRENALINE RUSH onto the hindquarters of SIMBAAH with ADRENALINE RUSH being checked passing the 200 metres.

Mr Nolan acknowledged that he understood the nature of the charge and the Rule.

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

Evidence:

Mr Oatham identified on the films that RIVER HEAD shifted in under pressure near the 200 metres forcing CIVETTA inwards, crowding ADRENALINE RUSH which was forced onto the hind quarters of SIMBAAH which became unbalanced. This resulted in ADRENALINE RUSH being checked. He said although Mr Nolan did take some corrective action at no point was he clear of Ms Thornton’s mount.

Mr Nolan admitted that he moved in and bumped Ms Thornton however, he said his mount was green and was slow to straighten up.

Decision:

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

Submission For Penalty:

Mr Williamson produced Mr Nolan's record which showed no previous breaches under this Rule in the last 12 months. He said the level of carelessness was low range and the penalty should reflect that.

Mr Nolan advised that he had upcoming commitments at Counties on 30 October, and that any period of suspension could commence after that.

When asked by the Committee, Mr Nolan admitted that he had no intention of riding in the South 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. The mitigating factors are Mr Nolan's admission of the breach, the level of carelessness being low range and his excellent record in relation to this Rule. We note that Mr Nolan caused interference to Ms Thornton and Ms Spratt.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.

Penalty:

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

Accordingly, we impose a suspension on Mr Nolan which will commence after racing on 30 October and conclude after racing on 6 November 2013 (4 days)

The penalty did not include any South Island meetings as Mr Nolan confirmed that he did not intend riding at any upcoming South Island meetings.

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