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Canterbury R 16 February 2017 - R 6 - Chair, Mr D Anderson

Created on 20 February 2017

Rules:
638(1)(d)
Committee:
DAnderson (chair)
SChing
Name(s):
Mr J Lowry - Class B Rider
Mr W Harnett - Apprentice Jockey Mentor assisting Mr Lowry
Mr J Oatham - Chief Stipendiary Steward
Mr L Callaway - Rider of SALU
Informant
Mr J M McLaughlin - Stipendiary Steward
Information Number
A8119
Plea:
Denied
Charge:
Careless riding
Evidence:

Following the running of race 6, the Racecourse Hotel & Motor Lodge Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin alleging a breach of rule 638(1)(d).The Information stated that Mr Lowry permitted his mount "Castup" to shift inwards when not sufficiently clear of "Salu" which was checked near the 1100 metres.

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”

Mr Lowry had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing.

Mr Lowry also agreed that he understood the charge and the Rule it was brought under.

Mr Lowry was assisted at the hearing by Mr W Harnett Apprentice Jockey Mentor.

Submission For Decision:

Mr McLaughlin, with the assistance of Co-Chief Stipendiary Steward, Mr J Oatham used the race video to identify “Castup” (J Lowry), “Salu" (L Callaway) and “Crystalight” (A Jones) approaching the 1100 metres. Mr Oatham pointed out Mr Lowry racing at least 3 wide then shifting inwards and making contact at least two times with Mr Callaway’s mount who was racing erratically to his inside. He said that this manoeuvre placed Mr Callaway in an awkward position of having to check and try to avoid the heels of Miss Jones who was racing to the inside of Mr Callaway.

Mr McLaughlin then called Mr Callaway as a witness.

Mr Callaway was asked if he received pressure from his outside and he acknowledged that he did. He also added that his horse was providing him with a difficult ride.

Mr Lowry asked Mr Callaway if it would be fair to say that “Salu” has shied away from “Castup” and he agreed that it had.

The Committee asked Mr Lowry if there was any pressure from Mr Cuneen “Final Say” who was racing to the outside and forward of his mount. He said that he thought Mr Cuneen was clear.

Mr Lowry in mounting his defence used the video to show “Salu” moving inwards making contact to “Crystalight” before any contact was made by his mount. He said he felt that he wasn’t at fault completely for the incident and that the racing manners of “Salu” contributed.

Mr Harnett then explained he didn’t agree that Mr Cuneen “Final Say” had cleared Mr Lowry and this was a factor as he felt that Mr Lowry was dictated to slightly.

Reasons For Decision:

The Committee carefully considered all the evidence placed before it. The Committee found the films and the evidence from Mr Callaway to be compelling. We were satisfied that Mr Lowry was not his own length and another length clear when crossing Mr Callaway and that in this incident he had ridden carelessly.

Decision:

The charge was found to be proved.

Submission For Penalty:

Mr McLaughlin stated Mr Lowry record showed a breach of this rule on the 26th of March 2016 at Riverton and another on the 21st of January 2017 at Gore both these breaches incurring a 2 day suspension. He submitted that the level of carelessness in this case was mid-range and that he would leave it to the Committee to determine an appropriate penalty.

He also informed the Committee that riders had already been declared for the Invercargill meeting on the 18th of February 2017.

Mr Lowry submitted that he felt that this incident should be seen as a low level breach.  He asked the Committee to consider the possibility of a fine as part of the penalty as he has difficulty maintaining his weight.

Reasons For Penalty:

In determining penalty we have taken into account all aggravating and mitigating factors. An aggravating factor was the breach of this rule three weeks ago and another last year but in this case we are prepared to consider his record as neutral and not command an up-lift in penalty.

In adopting the JCA Penalty Guide starting point of a 3-day suspension for a South Island rider we found that there were no mitigating factors to afford a discount in penalty.

We therefore determined that a 3-day suspension is an appropriate penalty in case.

Penalty:

Mr Lowry’s licence to ride is suspended from the conclusion of racing on the 18th of February 2017 up to and including racing on the 9th of March 2017.

Meetings included in this period are at Christchurch on 24 February, Dunedin on 4th March and Ashburton on 9th March 2017.

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