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Canterbury JC 26 February 2021 - R 4 - Chair, Mr S Ching

Created on 03 March 2021

Rules:
638(1)(d)
Committee:
SChing (chair)
Name(s):
K Williams-Class A Rider
Mr J Oatham - Chief Stipendiary Steward
Miss S Wynne - Rider of KRISTOFFERSON
Mr J Lowry - Rider of DEMAND RESPECT
Mr Murray - Rider of SAM'S SONG
Informant
M Davidson- Stipendiary Steward
Information Number
A14062
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of Race 4, the Lynnie D Maiden, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Miss K Williams in that she permitted her mount SO YOU REIGN to shift outwards when not sufficiently clear of DEMAND RESPECT which was dictated outwards onto KRISTOFFERSON which clipped a heel and blundered, dislodging its Rider near the 1200m.

Rule 638(1)(d) reads as follows:

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

(d) careless”

Miss Williams had indicated on the Information that this breach of the Rules was not admitted, which she confirmed at the hearing. Miss Williams also agreed that she understood the charge and the Rule it was brought under.

Submission For Decision:

Mr Davidson gave evidence by stating that approaching the 1200m, Miss Wynne riding KRISTOFFERSON was racing wide on the track with DEMAND RESPECT, ridden by Mr Lowry and SO YOU REIGN, ridden by Miss Williams on her inside.

Mr Davidson presented S Wynne, the Rider of KRISTOFFERSON, as a witness, who stated that she was travelling in a true line when J Lowry, riding DEMAND RESPECT, shifted out abruptly into her line of running, clipping that horse's heels and subsequently being dislodged. Miss Williams elected not to cross examine Miss Wynne on her evidence.

Mr Davidson presented Mr Lowry, Rider of DEMAND RESPECT, as a witness who stated that after Mr Chowdhoory, Rider of CLUBCARD, had assumed a position directly in front of Miss Williams' mount, SO YOU REIGN, who reacted poorly and began to over race. He said that shortly afterwards Miss Williams shifted out from her position behind Mr Chowdhoory, dictating him outwards. He said he had no option but to shift out when Miss Williams made her move as he would have been on her heels otherwise. He added that he was unaware that Miss Wynne was to his outside. Miss Williams elected not to cross examine Mr Lowry on his evidence.

Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, produced video coverage to show Miss Williams shift out from a position behind Mr Chowdhoory dictating Mr Lowry out into the line of Miss Wynne who clipped that horse's heels and as a result KRISTOFFERSON blundered, dislodging Miss Wynne. He added that although there was a lot going on in the race due to a slow pace, he acknowledged that prior to this incident, Miss Williams' mount was over racing and proving difficult to control. Mr Davidson stated that once Mr Chowdhoory was established in the position in front of Miss Williams, her horse appeared to race more kindly and there was noticeable room between her runner and Mr Chowdhoory’s. He added that had Miss Williams' horse been still over racing and clear she was on the heels of Mr Chowdhoory, her action to shift out, would have been excusable, however the film evidence showed that there was ample room for Miss Williams between her and Mr Chowdhoory for her to maintain her position behind him and not force a run inside Mr Lowry.

Miss Williams presented her defence and stated that the Trainer of her mount had instructed her to put the horse into the race. She said that there was no early speed which caused a lot of movement with horses racing erratically and tending to over race. Miss Williams stated that she called to Mr Chowdhoory as he improved past her, making sure he knew she was inside him. She said Mr Chowdhoory improved forward and shifted in cutting it fine which caused her to have take hold of her horse, who in turn reacted by throwing its head in the air and shifting in abruptly putting pressure on the inside runners. Miss Williams stated she was in trouble for about 9 strides when trying to avoid Mr Chowdhoory's heels and relieve the pressure off the inside runners until she was able to relieve that pressure and avoid the drama that was unfolding by stepping out to a position on the outside of Mr Chowdhoory. She said her horse had been racing kindly up until the point that Mr Chowdhoory crossed in front of her. Miss Williams stated that she has had to step out to avoid more trouble on the heels of Mr Chowdhoory and to relieve the pressure on the inside runners.

Miss Williams called Mr Murray, Rider of SAM’S SONG, as a witness, who was positioned immediately inside her at the time of the incident. In answer to a question from Miss Williams, Mr Murray stated that he was calling to Miss Williams as he was in tight quarters and had a runner on his inside. He stated that Miss Williams' mount was over racing and laying in on top of him as well as running away from Mr Chowdhoory’s mount, who was improving past. Mr Murray added that his horse was over racing and he was not in a position to help the runner inside by relieving the pressure. He said that Miss Williams' mount was racing ungenerously throughout the incident and as soon as Miss Williams shifted out, he followed her out to relieve the pressure on the inside runner.

Mr Davidson summed up by stating that the Stewards acknowledged there were several runners over racing creating a difficult situation in the early stages of the race. He also acknowledged that Miss Williams was cut short by Mr Chowdhoory which has contributed to her horse's racing behaviour. He said the reason the Stewards charged Miss Williams is that Mr Chowdhoory was well and truly clear and established ahead of Miss Williams before she made the decision to shift out from behind Mr Chowdhoory. He added that the Stewards believed that Miss Williams had a duty of care to the runners on her outside and that the films show that Mr Chowdhoory was well clear of her when she made the move to shift out. Mr Davidson submitted that due to the amount of room between Mr Chowdhoory and her mount she could have maintained that position in the 3 wide line and not had to shift out causing the incident.

Reasons For Decision:

This Committee carefully considered all the evidence and reviewed the available footage of the incident. The Committee was satisfied that Miss Williams was in trouble with her horse behaving ungenerously and over racing after Mr Chowdhoory improved past, cutting her a little fine, when approaching the 1200m. Miss Williams' mount was laying in, applying pressure to the inside runners and over racing throwing its head around, proving to a degree, difficult to control. The Committee found that Miss Williams was doing everything she could to control her mount at this time. However, several strides later, when Miss Williams elected to shift out from behind Mr Chowdhoory, the films showed that her horse was racing more generously at this point and there was ample racing room in front of her, behind Mr Chowdhoory, for her to maintain her position safely and not move out into the line of Mr Lowry who subsequently shifted into the line of Miss Wynne causing the incident.

This Committee therefore determined that on this occasion, Miss Williams has ridden carelessly and accordingly find the charge proved.

Decision:

The charge was found to be proved.

Submission For Penalty:

Mr Davidson stated that Miss Williams’ penalty record was an excellent one with only one offence of this Rule showing over the previous 12 months at Otago on 6 February in a Listed Race where she received a 6 National Day suspension and a $500 fine. He submitted that Miss Williams' record be treated as a neutral factor. Mr Davidson stated that the carelessness was in the low to mid-range with consequences high. Mr Davidson stated that the JCA Guide provided a 4-week suspension as a starting point, where a fall is involved. He said a recent case where a fall was involved in a feature race, resulted in a 9 National Day suspension in conjunction with a fine of $1000 being imposed. Mr Davidson stated that since there are now new starting points for careless riding, being a combination of suspension and fine, submitted that after taking all factors into consideration a starting point of a 3-week suspension and fine be considered in this case.

Miss Williams elected to make no submissions on penalty. She requested a deferment until after racing 6 March where she had a confirmed ride in a feature race.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 4-week suspension for a breach where a fall is involved. The Committee agreed with Mr Davidson that this breach was low to mid in carelessness and at a high level in consequences. Miss Williams' penalty record showed a breach earlier in the month but prior to that her record was excellent. This Committee is prepared to treat her record as a neutral factor. After taking all factors into consideration including the change of stance with careless riding penalties and recent similar cases where falls are involved this Committee determined that a 12 National Day suspension and fine of $500 was an appropriate penalty in this case. Of note this period of suspension is 1 day short of a period of 3 weeks.

Miss Williams' application for a deferment until after racing 6 March 2021 is granted.

Penalty:

Accordingly, Miss Williams' Class A Jockey's licence is suspended from the conclusion of racing 6 March up to and including 26 March 2021.

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