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Auckland RC 7 September 2019 - R 6 - Chair, Mr A Dooley

Created on 09 September 2019

Rules:
638(1)(d)
Committee:
ADooley (chair)
ASmith
Name(s):
Mr I Lupton - Class D Rider
Mr M Williamson - Senior Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12801
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 6, Boutique Body Corporates Great Northern Hurdle (Prestige Jumping Race) an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Lupton permitted his mount BAD BOY BROWN to shift in when not clear of NO TIP which was forced inwards crowding TRISHA LEA which clipped heels and blundered near the 650 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 Lupton said he understood the Rule and confirmed that he admitted the breach.

Mr Williamson demonstrated the incident using the available video footage. He identified that passing the 700 metres Mr Lupton was racing in a 4 wide position. He said shortly after that point Mr Lupton allowed his mount to shift in when only ½ a length clear of NO TIP. As a result that runner was forced inwards crowding TRISHA LEA which clipped heels and blundered. He added that TRISHA LEA was lucky to stand up and its chances were extinguished. Mr Williamson said that MAGIC CANNON contributed slightly to the incident.

Mr Lupton said that he erred in his judgement when shifting ground and the interference was primarily his fault. He admitted that he did not realise the degree of the interference until viewing the video footage. He said that MAGIC CANNON which was racing adjacent to the running rail did contribute to the incident.

Decision:

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

Submission For Penalty:

Mr Oatham said that Mr Lupton had an exceptional record under this Rule and his prior breach occurred on 9/9/2010. He said that Mr Lupton has had 471 rides since his last careless riding charge. He described the level of carelessness as above mid-range and noted that TRISHA LEA had its chances extinguished. He said the Committee may consider imposing a fine in addition to a suspension because Mr Lupton went on to win the Prestige race.

Mr Lupton submitted that a suspension would suit him rather than a fine.

In response to a question from the Committee, Mr Lupton accepted that the level of carelessness was above mid-range. He added that the interference was “embarrassing”.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage it was evident that Mr Lupton permitted his mount to shift in when only ½ a length clear of NO TIP. As a result that runner was forced inwards crowding TRISHA LEA which clipped a heel, blundered badly and lost a considerable amount of ground near the 650 metres. In our view MAGIC CANNON’s contribution to the incident was very minor.

The Committee deemed the level of carelessness displayed by Mr Lupton was in the mid to high range.

Arising from the Phelan V RIU (2013) Appeal Decision it is now widely accepted practice for Committees to give special consideration to jumps riders when affixing penalties for careless riding – this is in recognition of their limited riding opportunities. For example low, mid-range and high range careless riding breaches have their starting points set in the JCA Penalty Guide at 3 days (low), 4 days (mid-range) and 5 days (high range) respectively, as opposed to 6, 8 and 10 days for flat riders.

The aggravating factors were the careless riding occurred in a Prestige Jumping Race with stakes payable of $125,000.

The mitigating factors were Mr Lupton's admission of the breach and his excellent record over the last 9 years. For these collective factors Mr Lupton was afforded a reduction in penalty.

After weighing up all the circumstances of this particular case we deemed an appropriate penalty was a 3 day suspension and a $500 fine. The fine was imposed because Mr Lupton went on to win the Prestige race after causing significant interference near the 650 metres.

Penalty:

Accordingly, Mr Lupton had his license to ride in Jump / Highweight races suspended for a period to commence after racing on 7 September and conclude after racing on 29 September 2019. In addition we impose a $500 fine.

This encompasses 15 September at Rotorua, 19 September at Wanganui and 29 September at Te Aroha which is the completion of the Jump / Highweight racing season.

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