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Counties RC 19 November 2016 - R 9 - Chair, Mr A Dooley

Created on 21 November 2016

ADooley (chair)
Mr S McKay - Apprentice Rider
Mr N Harris - Apprentice Jockey Mentor
Mr M Davidson - Stipendiary Steward
Mr J Oatham - Chief Stipendiary Steward
Information Number
Careless Riding

Following the running of race 9, Franklin Long Roofing, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr McKay allowed his mount BARNABY to shift outwards under pressure, crowding and checking ONLY IF (M Cameron) near the 75 metres.

Mr McKay acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr McKay at the hearing.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Davidson demonstrated the incident using the available video footage. He identified Mr McKay and showed that inside the last 100 metres his mount shifted outwards when being ridden out with the whip. He said he was not the required distance clear of Mr Cameron’s mount which was checked.

Mr McKay said that BARNABY went through a gap at the 100 metres and acknowledged that his mount ducked out shortly after that point. He said that Mr Cameron was tightened for room and he believed that Mr Innes was also shifting in near the finish line which contributed to the incident.

Mr Harris said that Mr McKay was a stride too late in putting his whip away.


As Mr McKay admitted the breach the Committee find the charge proved.

Submission For Penalty:

Mr Oatham produced Mr McKay record which showed 1 previous breach under this Rule in the last 12 months. He said this was a relatively good record for a popular rider who predominately rides all over the North Island. He described the level of carelessness as a touch below mid–range. He said when BARNABY ducked out Mr McKay continued to ride his mount out with the whip when it was shifting ground. He identified that affected the chances of IF ONLY to some degree.

Mr McKay advised that he had upcoming engagements at Ellerslie on 26 November and sought a deferment to any proposed suspension.

In response to a question from the Committee, Mr McKay said he had no intention of riding at Cromwell on 27 November or Christchurch on 2 December.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.

The mitigating factors were Mr McKay’s admission of the breach and his very good record in relation to this Rule for which a discount was applied.

However, this has to be balanced against the aggravating fact that Mr McKay continued to ride his mount forward with the whip when it was shifting outwards. This resulted in Mr Cameron being tightened for room and he had to stop riding his mount out at a crucial stage in the race. We deemed the level of carelessness was in the low to mid–range.

The Committee had regard for the fact that Mr McKay would be missing a Premier 2 race meeting.

After taking into account all the above factors the Committee considered an appropriate suspension was 4 days.


We grant Mr McKay’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, Mr McKay had his license to ride in races suspended for a period to commence after racing on 26 November and conclude after racing on 4 December 2016 (4 days).

That period of suspension encompasses meetings at

Counties – 30 November

New Plymouth – 1 December

Ellerslie – 3 December (Premier 2)

Waipukarau – 4 December


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