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Hawke's Bay RI 1 January 2020 - R 7 (heard 2 January 2020 at Tauherenikau) - Chair, M T Utikere



636(1)(d)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr D Balcombe – Stipendiary Steward

Respondent: Ms C O’Beirne – Apprentice Rider

Information No: A12307

Meeting: Hawke’s Bay RI

Date: 1 January 2020 (2 January 2020 at Tauherenikau)

Venue: Hastings Racecourse, Hastings

Race: 7

Rule No: 636(1)(d)

Judicial Committee: Mr T Utikere Chairman – Mr N McCutcheon Committee Member

Also Present: Mrs L Allspress, Licensed Rider assisting Ms O’Beirne

Charge: Failing to Ride ou for Fifth Position

Plea: Admitted

Evidence:
Information A12307 was filed with the Judicial Committee alleging a breach of Rule 636(1)(d) in relation to Race 7, (NZB Insurance Pearl Series Race) of the Hawke’s Bay Racing Club’s Meeting on 1 January 2020. The Information stated that "Charlotte O'Beirne (ROYAL CHARTER) failed to ride her mount out fully to the line losing 5th placing by a nose margin".

Ms O’Beirne, assisted by Mrs Lisa Allpress, confirmed that she understood the Rule and admitted the breach.

Using the relevant films, Mr D Balcombe identified Ms O’Beirne (ROYAL CHARTER) in a position closest to the rail, with IVORY MADONNA (Leah Hemi) located wider on the track. Ms O’Beirne was observed to be riding her mount out fully approaching the 200 metres and then the 100 metres. Within the final 50 metres she had relaxed her ride and was beaten into fifth place by IVORY MADONNA by a nose margin.

In response, Ms O’Beirne explained that she was going back at a rapid rate and didn’t realise that she had been beaten by the slim margin at the line.

Decision
As the charge was admitted, the Committee deem the charge to be proved.

Penalty Submissions
For the RIU, Mr Balcombe submitted that Ms O’Beirne had a clear record under the Rule. He also identified that the stake for fifth placing was worth $250. He submitted a fine in this vicinity as appropriate.

Ms O’Beirne asked the Committee to consider her clean record under this Rule and that she had admitted the breach at the earliest opportunity.

Reason for Decision
The Committee considered all of the submissions placed before it. The side-on film clearly shows that Ms O’Beirne was riding with vigour until she approached the final 50 metres, at which point she relaxes her ride for some four to five strides. In doing so, this has cost her connections fifth place, albeit by the barest of margins.

The JCA Penalty Guide identifies a starting point for a breach of this Rule that concerns a potential fifth placing as a $300 fine. When we consider her admission of the breach and her record a fine similar to the level of stakes that was lost is considered appropriate.

Penalty
Ms O’Beirne is fined $250.

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