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Avondale JC 23 January 2019 - R 7 - Chair, Mr A Dooley

Created on 24 January 2019

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Mr D Mansour - Class A Rider
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A11083
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 7, Avondale Sunday Markets, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Mansour permitted his mount CRESCENT to shift inwards when not sufficiently clear of JET SET which was dictated inwards crowding OUR STAR which was checked near the 1300 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 Oatham demonstrated the incident using the available video footage. He identified that CRESCENT jumped from barrier 9. He said Mr Mansour permitted his mount to shift in when only 1 length clear of JET SET. As a result that runner was dictated inwards crowding OUR STAR which was checked. He added at the point of interference OUR STAR was racing inside JET SET.

Mr Mansour said his actions were not malicious and he wasn’t aware that OUR STAR was racing on the inside of JET SET. He apologised for causing the interference.

Decision:

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

Submission For Penalty:

Mr Williamson said that Mr Mansour has had approximately 45 rides in his NZ career to date with no prior breach under this Rule. He described the level of carelessness as low range and a penalty in line with that would be appropriate.

Mr Mansour said he had firm engagements at Hastings on 30 January and requested a 7 day deferment to his proposed suspension so he could fulfil his upcoming engagements.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

It was clear of the video films that Mr Mansour permitted his mount to shift in 100 metres after the start when only 1 length clear of JET SET. As a consequence that runner was dictated inwards crowding OUR STAR which was checked. The Committee deemed the level of carelessness as low range.

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

There were no aggravating factors.

The mitigating factors were Mr Mansour’s admission of the breach and his clear record from limited riding opportunities to date. For these collective factors Mr Mansour was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 5 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 January and conclude after racing on 8 February 2019.

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