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Auckland RC 29 March 2014 - R 5

Created on 31 March 2014

Rules:
638(1)(d)
Committee:
ADooley (chair)
RSeabrook
Name(s):
Miss R Smyth - Apprentice Rider of DUFELLFORTE
Mr R Collett - Licensed Trainer assisting Miss Smyth
Mr M Williamson -Stipendiary Steward
Informant
Mr J Oatham - Senior Stipendiary Steward
Information Number
A6563
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of race 5, Eggs Old Girls Challenge, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that near the 1100 metres Miss Smyth allowed her mount DUFELLFORTE to shift in, when not clear of SPIRIT OF WYUNA (M Coleman) which was forced inwards, causing severe crowding to CAST KING (J Wong), BIG VOICES (B Jones) and CASINO PARK (P Turner) who were all checked.

Miss Smyth acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach. Miss Smyth was assisted by Mr R Collett at the hearing.

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

Mr Williamson identified on the head on film the horses involved in the Information from the inside to the outside. CASINO PARK(barrier1), BIG VOICES(2), FUNHOUSE(3), CAST KING(4), SPIRIT OF WYUNA(5) who were all racing to the inside of DUFELLFORTE (barrier 6). He then showed Miss Smyth angling her mount in towards the running rail when only ¾ of a length clear of SPIRIT OF WYUNA. This movement forced SPIRIT OF WYUNA inwards, causing severe crowding to CAST KING, BIG VOICES and CASINO PARK. This resulted in all 3 horses losing their rightful line of running. Mr Williamson stated as a result of the shift inwards CASINO PARK lost significant ground.

Miss Smyth told the Committee that DUFELLFORTE was a big horse who runs around a bit and does things wrong.

Mr Collett when asked by the Committee did not have anything to add.

Decision:

As Miss Smyth admitted the breach we find the charge proved.

Submission For Penalty:

Mr Oatham produced Miss Smyth’s record which showed 2 previous breaches under this Rule in the last 12 months. He said today’s interference was severe with 4 runners being affected and submitted the level of carelessness was at the higher end. Mr Oatham said to Miss Smyth’s credit was she admitted the breach and he submitted a suspension of 6 to 8 days would be appropriate.

Miss Smyth advised that she had upcoming commitments at Hastings on April 5 and sought a deferment to any proposed suspension.

Mr Collett did not wish to submit anything for the Committee to consider regarding penalty.

Miss Smyth confirmed that she rode only in the North 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 Miss Smyth’s admission of the breach and her overall good record in relation to this Rule. The notable aggravating factors are 4 horses were significantly crowded and checked as result of Miss Smyth’s inward movement when not the required distance clear. The films showed that all 4 riders had to take a firm hold of their mounts in an attempt to avoid any further interference. We assess the level of carelessness in the mid – high range. When reviewing the interference we observed that CASINO PARK was badly hampered losing at least 5 lengths with Mr Turner fortunate not to be dislodged from his mount.

After taking into account all the above factors we consider an appropriate penalty is a 7 day suspension.

Penalty:

We grant Miss Smyth’s request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Miss Smyth’s which will commence after racing on 5 April and conclude after racing on 19 April 2014 (7 North Island days).

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