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Auckland RC 26 October 2019 - R 2 - Chair, Mr A Dooley

Created on 29 October 2019

Rules:
638(1)(d)
Committee:
ADooley (chair)
AGodsalve
Name(s):
Mr D Mansour - Class A Rider
Mr B Jones - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A11337
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 2, Stella Artois 880 metres, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Mansour allowed his mount DEVOTIONINMOTION to shift out when insufficiently clear of BONITA AURELIA which was forced outwards crowding TRIDENT onto JOHNNY CANUCK near the 100 metres.

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

Mr Mansour said he understood the Rule and confirmed that he admitted the breach.

Mr Jones demonstrated the incident using the available video footage. He identified that Mr Mansour allowed his mount to shift out near the 150 metres when racing on level terms with BONITA AURELIA. As a result that runner was forced wider on the track with TRIDENT and JOHNNY CANUCK being crowded.

Mr Mansour said that his mount moved out sharply when he struck the filly with the whip. He stated that Mr Cameron, the rider of BONITA AURELIA, was laying in on him. However, he accepted that he forced that runner out wider on the track. He added that his mount was a green 2 year old.

Decision:

As Mr Mansour admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Williamson produced Mr Mansour’s record which showed 4 previous breaches under this Rule in the last 12 months, the most recent being on 31 August 2019 which incurred an 8 day suspension. He described the level of carelessness as low range with the aggravating factor being DEVOTIONINMOTION was relegated from 1st place. 

Mr Mansour said that his Manager was unable to be contacted until later in the day. Therefore the Committee granted an adjournment to the hearing.

Following the running of the last race Mr Mansour initially advised the Committee that any proposed suspension could start after racing on 28 October 2019. However, shortly after Mr Mansour then requested that his suspension commences after racing at Te Aroha on 30 October because he had engagements on that date.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

It was clear on the video films that Mr Mansour permitted his mount to shift out near the 150 metres when racing on level terms with BONITA AURELIA. As a consequence DEVOTIONINMOTION made contact with BONITA AURELIA and forced that runner out wider on the track. In doing so both TRIDENT and JOHNNY CANUCK were hampered for several strides. The noteworthy aggravating factor was due to Mr Mansour’s actions DEVOTIONINMOTION was relegated from 1st place for causing interference to TRIDENT. The Committee deemed the totality of the level of carelessness displayed by Mr Mansour was mid-range.

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

Mr Mansour’s record was deemed to be a neutral factor on this occasion. However, he was advised that any further careless riding breach in the near future would be considered an aggravating factor.

The only mitigating factor was Mr Mansour’s admission of the breach for which he was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 7 national riding days.

Penalty:

The Committee granted a deferment to Mr Mansour’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Mansour had his license to ride in races suspended for a period to commence after racing on 30 October and conclude after racing on 7 November 2019.

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