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Banks Peninsula RC 4 November 2018 - R 2 - Chair, Mr R McKenzie

Created on 06 November 2018

Rules:
638(1)(d)
Committee:
RMcKenzie (chair)
GClapp
Name(s):
J R Lowry
Licensed Jockey (Class A)
Mr D M Wadley - Stipendiary Steward
Informant
J M McLaughlin
Stipendiary Steward
Information Number
A5737
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 2, Grant Thornton Three-Year-Old Maiden, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr J R Lowry, alleging a breach of Rule 638(1)(d) in that Mr Lowry, as the rider of AIR MAX, “permitted his mount to shift inwards after striking his mount passing the 150 metres dictating MONTREUX MISS (T R Moseley) inwards causing STRATTON (R Mudhoo) to be heavily restrained”.

Mr Lowry had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he understood the Rule and the charge and that he admitted the charge.

Rule 638 provides as follows:

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

Mr McLaughlin had Stipendiary Steward, Mr D M Wadley, show video replays of the incident with approximately 150 metres to run. He pointed out the three runners involved. Mr Lowry’s mount was finishing on in 4th or 5th position with MONTREUX MISS to his inside and STRATTON to the inside of that runner.

Mr Lowry’s mount then shifted in under the whip and made contact with MONTREUX MISS when not clear of that runner, forcing it inwards on to STRATTON, which had to be firmly restrained.

Mr Lowry said that he was riding a very green horse which was having only its second start. He had been riding in a competitive finish, attempting to do the best for the connections of the horse, he said. He felt his horse move and he had straightened it, but his reaction time had been too slow. Mr McLaughlin agreed that Mr Lowry had been just a stride too late in straightening his mount. 

Decision:

Mr Lowry having admitted the breach, the charge was found proved.

Submission For Penalty:

Mr McLaughlin told the Committee that Mr Lowry’s record shows three suspensions in the past 12 months – 25 January at Otago (6 days), 31 March at Riverton (7 days) and at Riccarton on 8 August (6 days).

Stewards saw the offending as being low-end, Mr McLaughlin said. Mr Lowry had simply been too slow to react on this occasion. Mr Lowry should be given credit for his admission of the breach. His record was neutral, Mr McLaughlin submitted. He said that Mr Lowry is a very busy rider.

Mr Lowry was asked concerning a deferment. He said that he had declared rides for Otago RC on 6 November and asked that any suspension commence immediately after that meeting. He asked the Committee to take into account that he will be missing a Premier meeting at Riccarton on 10 November, and 14 November is another Premier day. 

Reasons For Penalty:

The Committee accepts Mr McLaughlin’s submission that this breach is at the low end of a scale of carelessness. The recommended Penalty Guide starting point for a low-end breach is a 6 national riding days suspension. We have taken that as the appropriate starting point for penalty in this case.

From that 6 days starting point, we are able to give Mr Lowry a discount of 1 day for his admission of the breach. His record we regard as a neutral factor – one suspension in the last 7 months for a rider who rides as often and as regularly as does Mr Lowry, we considered, is not a bad record. 

Penalty:

Mr Lowry has confirmed rides at the Otago RC meeting on 6 November next. His Jockey’s Licence (Class A) is suspended for the period commencing from after the conclusion of racing on Tuesday, 6 November 2018, up to and including Tuesday, 13 November 2018 – 5 national riding days.

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