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06 Mar 2019
Canterbury-Racing - R5

Canterbury R 6 March 2019 - R 5 - Chair, Mr R McKenzie

Created on 07 March 2019

Rules:
638(1)(d)
Committee:
RMcKenzie (chair)
Name(s):
J R Lowry
Licensed Jockey (Class A)
Mr D M Wadley - Stipendiary Steward
Informant
J M McLaughlin
Stipendiary Steward
Information Number
A5437
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 5, NZB South Island Sale 29 April Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr J R Lowry, alleging that Mr Lowry, as the rider of KHIMAR WAR in the race, “angled his mount outwards when not sufficiently clear of LET HER RIP RILEY (J L Morris) which was checked near the 250 metres”.

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

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 D M Wadley, Stipendiary Steward, presented the Stewards’ submissions on behalf of Mr McLaughlin. He had Mr McLaughlin show head-on, side-on and rear-on video replays of the incident, approximately 250 metres from the finish. Mr McLaughlin pointed out KHIMAR WAR, ridden by Mr Lowry, racing in tight quarters and held up in the six-horse field, angle across the heels of CLARA (C W Johnson) and take the line of LET HER RIP RILEY ridden by Miss Morris, which was checked. At the time, Mr McLaughlin submitted, Mr Lowry was “a bare length” clear.

Mr Lowry said that he had been riding the race favourite and was back in the field. He had tried to be patient but a run was not coming. He had a “brain explosion”, he said. A gap was appearing but hadn’t come. It was bad lack of judgement on his part, Mr Lowry said. He had waited, then panicked and forced a gap that was not there.

Decision:

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

Submission For Penalty:

Stewards saw the breach as being mid-range, Mr Wadley said. Mr Lowry’s record showed three previous terms of suspension in the last 12 months – Banks Peninsula on 4 November 2018 (low-end, 5 days), Canterbury on 8 August 2018 (low-end, 6 days) and 31 March 2018 (low-to-mid, 7 days).

Mr Lowry told the Committee that he had declared rides at Gore on Sunday, 10 March. He had admitted the charge at the first opportunity, he submitted, and his record was a good one. He had had a large number of rides since his last breach 4 months ago. He submitted that the breach was in the low-to-mid range. While there was contact, Miss Morris, even though she had to ease, had not really had to check her mount but was, nevertheless, entitled to her line of running.

Reasons For Penalty:

The Committee is of the view that the breach, in this case, is in the mid-range, as submitted by Mr Wadley. Mr Lowry has been frustrated in looking for a run nearing the 250 metres. A run was slow in coming, and Mr Lowry has angled his mount out into the line of Miss Morris’ mount, LET HER RIP RILEY, to make a run for himself, when barely his own length clear of that runner. Miss Morris was forced to check out of it as a consequence.

The starting point under the Penalty Guide for a mid-range careless riding breach is an 8 national ridings days suspension. The Committee regards Mr Lowry’s record as being a neutral factor. His three previous breaches in the last 12 months, the Committee was told, were all low-end. The most recent breach was 4 months ago and the Committee is aware that Mr Lowry is a busy South Island rider, and the earliest breach was almost 12 months ago. That record does not warrant any adjustment to the starting point.

However, Mr Lowry is entitled to a discount for his frank admission of the breach and this discount the Committee fixes at 1 day. 

Penalty:

Mr Lowry’s Jockey’s Licence (Class A) is suspended for a period from after the conclusion of racing on 10 March 2019, up to and including 21 March 2019 – 7 national riding days. Mr Lowry has a number of declared rides at the meeting of Wyndham RC at Gore on Sunday, 10 March, and the commencement of his suspension has been deferred accordingly.

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