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Waikouaiti RC 16 January 2021 - R 6 - Chair, Prof G Hall

Created on 19 January 2021

GHall (chair)
Mr S Toolooa - Apprentice Jockey
Mr D Walsh - Apprentice Jockey Mentor assisting Mr Toolooa
Mr N McIntyre - General Manager of Stewards
Mr M Davidson - Stipendiary Steward
Information Number
Careless Riding

Following the running of Race 6 the Stewards charged Mr S Toolooa (NEVER QUITZ) with a breach of r 638(1)(d) in that he permitted his mount to shift inwards when not clear of LIVE DRAMA near the 900 metres.

Mr McIntyre demonstrated on the videos that Mr Toolooa, who was racing one off, shifted inwards towards the fence on the apex of the corner. In so doing he crossed Ms Comignaghi, the Rider of LIVE DRAMA, who had to take hold. The side-on video evidenced that the Respondent was a bare length clear at the time.

Mr Davidson stated that the Respondent needed to stay out for only a few more strides. If he had done so, Ms Comignaghi would have been happy to take the trail and let him go.

Mr Walsh said the particular bend often caused Riders difficulties. He said Mr Toolooa had looked twice and he agreed with Mr Davidson that the Respondent only had to wait 2 or 3 more strides and he would not have been in breach. He said Mr Toolooa had just needed to press on and he would have cleared Ms Comignaghi. He believed LIVE DRAMA had exaggerated the incident by throwing its head.

Mr Toolooa said he had looked and at the time he thought he was clear.


Mr Toolooa has admitted the charge and it is found proved.

Submission For Penalty:

Mr Davidson produced Mr Toolooa’s record which showed one previous breach of this rule in the last 12 months on 18 October at Ashburton. Mr Davidson described this as a good record. He assessed the breach as below mid-range.

Mr Walsh said the breach was low end.

Mr Toolooa sought a deferment of the suspension until after Riccarton on the 21st.

Reasons For Penalty:

The NZTR Revised Penalty Guidelines for careless riding provide a starting point of a $250 fine and a 4-day suspension for a low-range breach. The Committee accepts the Informant’s description of the breach as below mid-range as being correct. Mr Toolooa has allowed his mount to shift inwards and has placed Ms Comignaghi in restricted room. She has had to check her mount as a consequence. Ms Comignaghi has gone on to win the race. We accept it was a misjudgement on Mr Toolooa’s part. He has looked but has shifted in on the apex of the bend. We take a 4 to 5-day suspension and a $250 fine starting point.

Giving credit to Mr Toolooa’s good record and his admission of the breach, a 3-day suspension is appropriate. However, the fine has to be increased in order to reflect our assessment of the breach as being above low range.


Mr Toolooa is suspended from the end of racing on 21 January 2021 up to and including 28 January. This is three days, and he is fined the sum of $400.

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