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Levin RC 12 December 2010- R 10

Created on 16 December 2010

Rules:
638(1)(d)
Committee:
PWilliams (chair)
TCastles
Name(s):
Mr J Walsh
Licensed Jockey
Mr R Neal
Stipendiary Steward
Informant
Mr N Goodwin
Stipendiary steward
Information Number
5669
Plea:
Admitted
Charge:
Following the running of race 10, information 5669 was filed by Stipendiary Steward Mr N Goodwin under rule 638 (1) (d).  The information stated that “passing the 1,000m J Walsh has allowed his mount “San Riba” to shift in when not clear of “The Razza” (M Tanaka) which was dictated in onto “Stargroves” (L Allpress) which was checked”.
 
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”
Evidence:
Mr Goodwin used the head-on view of the film to identify the horses involved and used the head on and side on views of the film to demonstrate how the interference had occurred. He said that approximately 300m after the start Mr Walsh, who had drawn 10 in the 14 horse field, was making a run towards the inside running rail with Mr Tanaka on his inner and Mrs Allpress on the inside of Mr Tanaka both of whom were also on an angled run towards the running rail. Prior to the interference caused by Mr Walsh Mr Tanaka and Mrs Allpress had come into contact with each other but had then straightened their mounts. Mr Goodwin said that Mr Walsh could be seen continuing to move across and because he was not the required distance clear of Mr Tanaka he (Mr Tanaka) had nowhere to go but inwards into the line of Mrs Allpress who was checked. He said the check Mrs Allpress received was not great but she did lose her position and her rightful line of running.
 
Mr Walsh said the prior to the incident occurring he had looked to his outside as he had seen his horse lose a plate from its front offside. He said he then looked inside and asked the horse to move forward which he did very quickly. As he came across he thought that at the speed he was travelling he was the required distance clear of Mr Tanaka but he conceded that after watching the film that was not the case and that he had been careless and dictated Mr Tanaka onto Mrs Allpress who had to take a hold.
Decision:
Mr Walsh indicated the breach of the rule was admitted and also that he understood the charge and the rule it was laid under. As the breach of the rule was admitted the charge was found to be proven.
Submission For Penalty:
Mr Goodwin said Mr Walsh was a North Island rider and this was his first charge under this rule since 7 June 2010 and only his second charge since late March 2009. He said the interference was at the low end of the scale and was a result of a lack of judgment on the part of Mr Walsh. He said Mr Walsh did not get a lot of rides and very rarely came before the Stewards. He said under normal circumstances Mr Walsh was a rider who looked after the interests of his fellow riders but as had been shown on the film this had not been the case today.  He submitted that a “period of suspension towards the low end” would be appropriate.
 
Mr Walsh had no comments to make on a penalty.
Reasons For Penalty:
The Committee has reviewed the films of the incident referred to and listened to all the submissions made. The head-on film clearly shows Mr Walsh moving inwards to take up a position closer to the running rail.  Prior to the incident there had been contact between Mr Tanaka and Mrs Allpress but both had straightened their mounts and were entitled to the their respective running lines. Mr Walsh continued to move across and was not the required distance in front of Mr Tanaka who has had no option but to move inwards and cause a check to Mrs Allpress.
Penalty:
The Committee has decided a period of suspension is appropriate. Since 01 December 2010 the JCA has adopted 5 riding days as the starting point in considering the term of suspension for careless riding charges. The Committee has taken into consideration Mr Walsh’s excellent riding record, the fact he admitted the breach and also that Mr Walsh does not get that many rides on race days. We also believe the interference is at the low end. We believe those mitigating factors justify a reduction of 2 days from the starting point of 5 days.
 
Mr Walsh is suspended for 3 riding days from the close racing on Sunday 19 December 2010 to the close of racing on Monday 27 December 2010 – the 3 riding days being Matamata (22 December), Awapuni/Ellerslie (26 December) and New Plymouth/Rotorua (27 December).
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