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Avondale JC 25 April 2013 - R 2

Created on 29 April 2013

Rules:
638(1)(d)
Committee:
ADooley (chair)
AGodsalve
Name(s):
Mr RS Dye - Licensed Rider of VILLARS
Mr M Williamson -Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A2094
Plea:
Admitted
Charge:

Following race 2, Rosebank Business Association 1200, an information was filed pursuant to Rule 638 (1)(d). The informant, Mr Coles, alleged that near the 300 metres Mr Dye allowed his mount VILLERS to shift out when not clear of I'M RUBY which was hampered.

Mr Dye acknowledged he understood the rule and the nature of the charge.

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

Evidence:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the Committee that near the 350 metres Mr Dye allowed his mount to shift out into the line of I'm Ruby when only ¾ of a length clear. This resulted in I'm Ruby being hampered.

Mr Dye in admitting the breach told the Committee that he shifted out a minimal distance when only ¾ of a length clear. He conceded that this impacted on I'm Ruby being pushed wider on the track.

Decision:

As Mr Dye admitted the breach we find the charge proved.

Submission For Penalty:

Mr Coles produced Mr Dye's record which showed 2 previous breaches under this rule in the last 12 months. He submitted Mr Dye should be given credit for his early admission of the breach and his good record. He said the Stewards assessed the interference as low end and submitted an appropriate penalty would be at the lower end of suspensions.

Mr Dye submitted he had firm commitments on the 27th April and requested his proposed suspension start after that date.

In response to a question from the Committee, Mr Dye confirmed he had no intention of riding at Blenheim and Riverton next week.

Mr Dye also confirmed to us that he had been back riding in New Zealand for the last 6 months.

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 for this careless riding charge. The mitigating factors are Mr Dye's admission of the breach and his good record. However, this has to be balanced against the aggravating fact which was Mr Dye being only ¾ length clear when shifting out and hampering I'm Ruby.

The Committee before imposing penalty were aware the race meeting scheduled for Te Awamutu on April 29 is restricted to Apprentice Riders only. Therefore, this date along with Blenheim and Riverton are not be included in Mr Dye's proposed suspension.

After taking into account all the above factors we independently assess an appropriate penalty is 4 days.

Penalty:

We grant Mr Dye's request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Dye which will commence after racing on 27 April and conclude after racing on 4th May 2013 (4 days).

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