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Counties RC 31 May 2012 - R 7

Created on 05 June 2012

Rules:
638(1)(d)
Committee:
ADooley (chair)
BScott
Name(s):
Mr J Castano - Licensed Apprentice Rider
Mr J Oatham - Stipendiary Steward
Mr N Tiley - assisting Mr Castano
Informant
Mr Williamson - Stipendiary Steward
Information Number
A2040
Plea:
Admitted
Charge:

Following race 7, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Williamson, alleged that Mr Castano permitted his mount COURIER to shift inwards near the 300 metres when not sufficiently clear crowding CAPTORG onto SLICK CHICK which had to be checked.

Evidence:

Mr Oatham demonstrated the incident by using all the available films. He pointed out to the committee at the 350 metres Mr Castano's mount was being held up for a run. At the 300 metre Mr Castano allowed his mount to shift in when not clear of CAPTORG which was forced onto SLICK CHICK which was checked sharply.

Mr Tiley said they accept Mr Castano was not the required distance clear when shifting ground. However, he did demonstrate on the video films that MAXIMUM HEIGHTS who was racing on Mr Castano's inner had contributed to the incident.

Mr Oatham, in response, accepted that MAXIMUM HEIGHTS did contribute to the incident, stating that horses were shifting around under pressure in the soft track conditions.

Decision:

As Mr Castano admitted the breach we find the charge proved.

Submission For Penalty:

Mr Williamson produced Mr Castano's record which showed 1 previous breach of this rule in the last 12 months. He submitted that the level of carelessness was low range, noting that MAXIMUM HEIGHTS did contribute to the incident. He reminded the committee that Mr Castano was an inexperienced rider, prior to today he had ridden in 18 tote races. Mr Williamson said Mr Castano was very co operative during the investigating and submitted an appropriate penalty would be at the low end.

Mr Castano informed the committee that he had no commitments over the next 7 days and was seeking his suspension to start after racing today.

In response to a question from the committee Mr Castano conceded that he rides only in the upper North Island region.

Reasons For Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr Castano's admission of the breach and his good record from a limited opportunity. However, this has to be balanced against the level of carelessness which we assess as low range. We acknowledge that Mr Castano does ride only in the upper North Island region therefore this is reflected in the penalty.

Penalty:

This penalty is to follow on from Race 4 in which Mr Castano incurred a 5 day suspension.

Accordingly, we impose a suspension on Mr Castano which will commence after racing on 13th June 2012 and conclude after racing on 25th June 2012 (4 days).

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