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Auckland RC 3 March 2018 - R 7 - Chair, Mr A Dooley

Created on 05 March 2018

Rules:
638(1)(d)
Committee:
ADooley (chair)
SChing
Name(s):
Mr M Coleman - Class A Rider
Mr A Coles - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A10050
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 7, McKee Family Sunline Vase (2100 metres), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Coleman angled his mount GOLD SPICE out near the 350 metres when not sufficiently clear of FISCAL FANTASY which was checked.

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

Mr Coleman acknowledged that he understood the Rule and confirmed that he admitted the breach.

Mr Coles demonstrated the incident using the available video footage. He identified that there was no room for Mr Coleman to improve off the heels of SUNBURST passing the 400 metres. He pointed out on the back on film shortly after that point that Mr Coleman shifted out at least 2 horse widths and made contact with FISCAL FANTASY which was badly hampered and checked. He said in turn INSIGHT became unbalanced when bumped near the 350 metres. He added that Mr Coleman was only ½ a length clear of FISCAL FANTASY when he angled his mount outwards.

Mr Coleman said there was not much he could say given the video footage clearly outlined the incident. He stated that he was travelling well, ran out of room, and “panicked” a little bit when he came out. Mr Coleman openly admitted that he should not have angled his mount outwards near the 350 metres.

Decision:

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

Submission For Penalty:

Mr Oatham produced Mr Coleman’s record which showed 2 previous breaches under this Rule in the last 12 months. He said this was a very good record and assessed the level of carelessness as high end. He said there was clearly no run available for Mr Coleman yet he shifted out abruptly which resulted in significant checks to 2 runners. He said a further aggravating factor was the breach occurred in a Group 3 race worth $70,000 with Mr Coleman mount finishing in 2nd place earning $13,650. Mr Oatham submitted that it would be appropriate for the Committee to impose a fine in addition to a high end suspension.

Mr Coleman advised that he had engagements on 10 March and therefore sought a 7 day deferment to fulfil those engagements. He said the carelessness was in the mid-range and recognised the interference occurred in a race of some significance.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee observed that Mr Coleman angled his mount out abruptly near the 350 metres when only ½ a length clear of FISCAL FANTASY. This resulted in GOLD SPICE making heavy contact with FISCAL FANTASY which in turn bumped into INSIGHT who became unbalanced. It was evident on the back on film that Mr Coleman was intent on angling his mount out. In doing so Mr Coleman gained an advantage with GOLD SPICE running 2nd by a narrow margin in a Black Type race. We deemed the level of carelessness to be in the high range.

The Committee adopted 10 days as the starting point.

The Committee had regard for Rule 920 (2) when fixing penalty.

RULE 920 (2):

(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.

The aggravating factors were the incident occurred in a Group 3 with $70,000 stakes payable. For these combined factors a 2 day uplift in penalty was applied.

The mitigating factors were Mr Coleman’s admission of the breach and his good record. For these combined factors we afforded Mr Coleman a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 11 national riding days.

Penalty:

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

Accordingly, Mr Coleman had his license to ride in races suspended for a period to commence after racing on 10 March and conclude after racing on 25 March 2018.

It was evident that Mr Coleman gained an advantage by his actions consequently the Committee also fined Mr Coleman the sum of $500.

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