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Auckland RC 6 November 2018 - R 1 - Chair, Mr A Dooley

Created on 07 November 2018

Rules:
638(1)(d)
Committee:
ADooley (chair)
GJones
Name(s):
Mr V Colgan - Rider of WHEAO
Mr A Coles - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A10092
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 1, Chevalier Produce 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Colgan permitted his mount WHEAO to shift out near the 300 metres when insufficiently clear of OUT OF THE PARK 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 Colgan said he understood the Rule and confirmed that he admitted the breach.

Mr Coles demonstrated the incident using the available video footage. He identified that near the 300 metres Mr Colgan angled his mount out when not sufficiently clear of OUT OF THE PARK which was racing on its outer. He said there was contact between the 2 horses and Mr Colgan immediately took corrective action.

Mr Colgan said he agreed with Mr Coles’ interpretation of the incident. He reiterated that he took immediate corrective action.

Decision:

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

Submission For Penalty:

Mr Oatham produced Mr Colgan’s record which showed 4 previous breaches under this Rule in the last 12 months, the most recent being on the 3rd of October which incurred a 6 day suspension. The Stewards said that this was Mr Colgan’s 5th careless riding breach within the last 12 months and any future breaches would be of concern. He described the level of carelessness on this occasion as just below mid-range and a suspension in line with that would be appropriate.

Mr Colgan advised that he had engagements up to and including 13 November and therefore sought a 7 day deferment to fulfil those riding commitments.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

Upon reviewing the video footage the Committee found that Mr Colgan shifted out 1 horse width near the 300 metres and took the rightful running line OUT OF THE PARK. There was brief contact between WHEAO and OUT OF THE PARK and Mr Colgan took immediate corrective action. The Committee deemed the level of carelessness displayed by Mr Colgan was low range.

The JCA Penalty Guide starting point for low range carelessness is 6 days which was adopted.

The aggravating factor was Mr Colgan’s poor record which warranted an uplift of 1 day.

The mitigating factor was Mr Colgan’s admission of the breach, for this 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 6 national riding days.

Penalty:

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

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 13 November and conclude after racing on 20 November 2018.

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