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South Waikato RC 14 March 2018 - R 5 - Chair, Mr A Dooley

Created on 15 March 2018

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Mr S Rusof - Class A Rider
Mr N Harris - supporting Mr Rusof
Mr A Coles - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A10058
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 5, HOLSTER ENGINEERING LALLY AND SYMES SOUTH WAIKATO CUP, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that passing the 1900 metres Mr S Rusof allowed his mount PRINCESS DAVONE to shift in when not sufficiently clear of HAY TIGER which was checked.

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

Mr Rusof acknowledged that he understood the Rule and confirmed that he admitted the breach. Mr N Harris supported Mr Rusof at the hearing.

Mr Coles demonstrated the incident using the available video footage. He identified that Mr Rusof angled his mount in when barely 1 length clear of HAY TIGER which resulted in that runner being steadied when checked. He said that Mr Rusof had looked to his inside when allowing his mount to shift in and stated the carelessness was an error of judgement.

Mr Rusof said that he accepted Mr Coles’ interpretation of the incident.

Decision:

As Mr Rusof admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Oatham produced Mr Rusof’s Singapore record which showed 2 previous breaches under this Rule in the last 12 months. He said that Mr Rusof’s record was a neutral factor and today was Mr Rusof’s 3rd race day back riding in New Zealand. He assessed the level of carelessness as mid-range and submitted a starting point of 8 national riding days. He said to Mr Rusof’s credit he admitted the breach at the first opportunity.

Mr Rusof advised that he had engagements on 17 March and any proposed suspension could start after that date.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee observed that Mr Rusof angled his mount in too quickly when only 1 length clear of HAY TIGER which resulted in that runner suffering a check losing approximately 2 lengths. Mr Rusof erred in allowing his mount to shift in despite the fact that he looked to his inside prior to making the manoeuvre. The Committee deemed the level of carelessness displayed by Mr Rusof to be mid-range.

The Committee adopted 8 national riding days as the starting point which is in accordance with the JCA Penalty Guide.

There were no aggravating factors to warrant an uplift in penalty.

The mitigating factors were Mr Rusof’s admission of the breach and his good record. For these combined factors Mr Rusof was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 7 national riding days.

Penalty:

The Committee grants a deferment to Mr Rusof’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Rusof had his license to ride in races suspended for a period to commence after racing on 17 March and conclude after racing on 28 March 2018.

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