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Canterbury R 9 February 2019 - R 2 - Chair, Mr R McKenzie

Created on 13 February 2019

Rules:
638(1)(d)
Committee:
RMcKenzie (chair)
GClapp
Name(s):
M Kareem
Licensed Apprentice Jockey (Class B)
Mr M R Pitman
Licensed Trainer (Class A)
Mr N McIntyre - General Manager of Stewards
Mr L Callaway - Rider of RED TIARA
Informant
J M McLaughlin
Stipendiary Steward
Information Number
A5430
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of Race 2, Koru Care Charity Dinner – 22 March Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr M Kareem, alleging that Mr Kareem, as the rider of QUAINTRELLE in the race, “allowed his mount to shift in crowding and checking RED TIARA (L Callaway) passing the 1200 metres”.

Mr Kareem was present at the hearing of the information. He had indicated on the information form that he did not admit the breach and he confirmed this at the hearing. He was assisted at the hearing by his employer, Mr M R Pitman, Licensed Trainer (Class A).

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.

Submission For Decision:

Mr McLaughlin began by calling Jockey, Mr L Callaway, to give evidence. Mr Callaway confirmed that he was the rider of RED TIARA in Race 2. Mr Callaway said that his instructions were to ride RED TIARA back in the field. After jumping from the 1600 metres barrier, he had eased back. Passing the 1200 metres, the pace had slackened and the runner on his outside, QUAINTRELLE, ridden by Mr Kareem, tightened him “a little bit”. Mr Kareem was “just a length” clear when he took his line, Mr Callaway said. He had to steady back and check his mount as a result.

Mr Pitman asked Mr Callaway whether Mr Kareem had been sufficiently clear. Mr Callaway replied that Mr Kareem was not completely clear but it did not help as the pace slackened at that point. He was looking to go back, Mr Callaway said.

The Committee asked that the head-on video be played to the hearing while Mr Callaway was still present. Mr McLaughlin referred to the head-on video replay of the alleged interference. Mr Kareem confirmed that he was 3-wide at that stage. Mr McLaughlin submitted that Mr Kareem had shifted in and taken Mr Callaway’s line who had to check.

Mr McLaughlin had General Manager of Stewards, Mr N G McIntyre, show video replays of the relevant part of the race. Referring to the head-on video, Mr McIntyre pointed out Mr Kareem whose mount, QUAINTRELLE, had drawn the barrier 9 in the 10-horse field, come across the field to be established in a 3-wide and mid-field position after 400 metres to the outside of LEULUAI (T R Moseley).

Mr McIntyre pointed out that Mr Callaway was established on the back of Mr Moseley’s mount. On the side-on video, Mr McIntyre showed that Mr Kareem was in a 3-wide position and Mr Callaway in a 2-wide position. Mr McIntyre alleged that Mr Kareem was attempting to “reverse park” and get back onto the back of Mr Moseley. However, Mr McIntyre alleged, Mr Kareem was never the required own length and another length clear. The head of Mr Callaway’s mount could be seen to go “straight up in the air” as Mr Callaway had to take hold of it.

Back to the head-on video, Mr McIntyre pointed out Mr Callaway clearly established 3-wide and Mr Callaway 2-wide. The end result was that Mr Kareem ended up in a 2-wide position.

Mr Pitman referred to the inexperience of Mr Kareem, a 4-kilogram claiming apprentice, he said. Referring to the incident, Mr Kareem had attempted to and had got into a good position. Mr Moseley had come from his inside and forced him out wide, which he demonstrated on the video replay. Mr Pitman submitted that Mr Callaway did not want to be in the position he was and he was trying to create a gap for Mr Kareem. He was restraining his mount and was not hindered, Mr Pitman submitted. He submitted that this type of incident happens “every day” and riders are not getting charged. He accepted the requirement of the rule to be one’s own length and another length clear, but Mr Callaway had presented the opportunity. The slackening of the pace had not helped the situation, Mr Pitman submitted.

Mr Kareem said that when Mr Moseley had pushed him back out 3-wide, he could sense that Mr Callaway was trying to make a gap and he thought it was safe for him to shift back in.

Mr McLaughlin was asked by the Committee for his assessment of the level of the breach. It was low-end, Mr McLaughlin said. Mr Pitman said that, in his view, it was not that bad. He reiterated Mr Kareem’s lack of experience and said that this should be taken into account.

Reasons For Decision:

The Committee gave careful consideration to the evidence and submissions of the parties, including the video evidence.

The Committee finds that Mr Kareem’s mount, QUAINTRELLE, has started from a wide barrier draw and has come across to take up a position in midfield, but 3-wide, after about 300 metres. Mr Kareem was briefly able to get into a 2-wide position before being eased out 3-wide again by Mr Moseley. At all material times, Mr Callaway had been following Mr Moseley in a 2-wide position.

Shortly thereafter, we find, Mr Kareem attempted to shift back in to a 2-wide position, anticipating that Mr Callaway was easing his mount and that he would be able to get back into a 2-wide position ahead of Mr Callaway. Mr Pitman stressed that Mr Callaway was wishing to ease back. Mr Callaway said this in his evidence and it was apparent from the videos.

However, Mr Kareem has misjudged his inwards movement. In shifting when, we find, he was barely his own length clear and he has taken Mr Callaway’s rightful line in which Mr Callaway was established. That Mr Callaway was forced to take a hold of his mount as a result is quite apparent from the videos and Mr Callaway confirmed that he had to steady back and check.

The Committee is satisfied that Mr Kareem has shifted in and crowded and checking RED TIARA, when not his own length and another length clear of Mr Callaway and therefore has ridden carelessly. Whilst the Committee does acknowledge, as urged by Mr Pitman on Mr Kareem’s behalf, the fact of Mr Kareem’s inexperience that inexperience does not, of course, excuse careless riding. 

Decision:

The charge is found proved.

Submission For Penalty:

Mr McLaughlin told the Committee that Mr Kareem’s record shows one suspension for careless riding – in May 2018 at Whangarei, 5 days for a low-range breach. This breach is also low-range, Mr McLaughlin submitted, and Stewards were submitting for a 6-days suspension.

Mr Pitman said that the previous suspension was in Mr Kareem’s second raceday ride. Mr Kareem told the hearing that he has had 24 raceday rides. Mr Pitman initially told the Committee that Mr Kareem would be seeking a deferment until after the Riccarton meeting on 14 February, but he later advised that no deferment was sought. 

Reasons For Penalty:

The Committee agreed with Mr McLaughlin’s and Mr Pitman’s categorisation of the breach as being low-range and, on that basis, the Committee took the Penalty Guide starting point for a low-end breach of a 6-days suspension. Mr Kareem’s record, we took to be a neutral factor.

There were no aggravating factors in this case warranting an uplift to that starting point and neither were there any mitigating factors deserving of a discount.

Penalty:

Mr Kareem’s Apprentice Jockey’s Licence (Class B) is suspended for the period from 10 February 2019 to 20 January 2019 both days inclusive – 6 national riding days.

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