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Canterbury JC 4 August 2018 - R 3 - Chair, Mr R McKenzie

Created on 06 August 2018

Rules:
638(1)(d)
Committee:
RMcKenzie (chair)
SChing
Name(s):
B M Murray
Licensed Apprentice Jockey (Class B)
D M Walsh
Apprentice Jockey Mentor
Mr J M McLaughlin - Stipendiary Steward
Informant
J P Oatham
Chief Stipendiary Steward
Information Number
A7733
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 3, Vaine Strickland – 40 Years NZTR Premier, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr B M Murray, alleging that Mr Murray, as the rider of GALWAY GARRY in the race, rode carelessly in that “he allowed his mount to shift out forcing LORD BEAVER (J R Lowry) across heels having to be checked passing the 100 metres”.

Mr Murray was present at the hearing of the information. He indicated that he understood the charge and that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.

Rule 638 provides as follows:

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

Mr Oatham had Stipendiary Steward, Mr J M McLaughlin, show side-on and head-on video replays of the incident near the 100 metres. He pointed out GALWAY GARRY, ridden by Mr Murray, improving amongst runners and being held up for a run. Mr McLaughlin said that Mr Murray then made a decision to force outwards and pushed LORD BEAVER, ridden by Mr Lowry on his outside, across the heels of NOWHERE MAN (B B Hong). Mr McLaughlin submitted that Mr Murray was only three-quarters of a length in front of Mr Lowry at the time and was, at no stage, clear to shift ground.

Mr Walsh said that Mr Murray had clearly moved and the move was intentional. He suggested that Mr Murray had thought that Mr Lowry’s mount was weakening at a faster rate than it was. It was being hard-ridden by Mr Lowry but it was clearly forced across heels.

Decision:

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

Submission For Penalty:

Mr Oatham informed the Committee, that Mr Murray had resumed his apprenticeship in December 2017 and, since that time, he had a clear record under the Rule, which was to his credit along with his admission of the breach.

Mr Oatham said that Stewards placed the carelessness in the mid-range or, perhaps, higher. It was a quite deliberate piece of riding by Mr Murray which had placed Mr Lowry in an awkward position. The consequences could have been worse had Mr Lowry clipped a heel, Mr Oatham submitted.

He said that Stewards were seeking a term of suspension and, he submitted, taking into account Mr Murray’s good record and his admission of the breach, that suspension should be for a period of not less than 7 national riding days.

Mr Murray did not wish to make any submission in relation to penalty and Mr Walsh indicated that, in his opinion, a 7-days’ suspension would be a fair penalty. Mr Walsh also referred to Mr Murray’s good record under the Rule.

The Committee pointed out to Mr Murray that he could, should he so wish, seek a deferment of any suspension until after the third day of the meeting on 11th August next if he has riding engagements on the second and third days of the meeting. Mr Murray confirmed that he did have riding engagements on those days and that he would like a deferment. Mr Oatham had no opposition to such a deferment.

Reasons For Penalty:

The Penalty Guide provides a starting point for penalty for a medium-range breach of the careless riding Rule of an 8 national riding days suspension.

Mr Oatham suggested that this breach was mid-range or possibly higher. The Committee agreed that it was above mid-range, perhaps mid-to-high. Mr Murray, at the time, had no run available to him but he made a deliberate outward move in an attempt to create a run for himself, and has clearly ridden carelessly. This was a quite high-risk movement but, fortunately, there were no serious consequences. On that basis, we have adopted a starting point for penalty of a 9 national riding days suspension for what, we consider, is a mid-to-high range breach.

From that starting point, we are able to give Mr Murray credit for the mitigating factors - his good riding record and his admission of the breach. We have fixed that discount at 1 national riding day.

Penalty:

Mr Murray’s application for a deferment of suspension is granted. Mr Murray’s Apprentice Jockey’s licence (Class B) is suspended from after the close of racing on 11th August 2018 up to and including 25th August 2018.

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