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Otago RC 2 December 2018 - R 9 - Chair, Prof G Hall

Created on 04 December 2018

Rules:
638(1)(d)
Committee:
GHall (chair)
MConway
Name(s):
Mr L Callaway - Class A Jockey
Mr J McLaughlin - Stipendiary Steward
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A8639
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Mr Davidson alleged that Mr Callaway (HE’S MY BROTHER) in race 9, the DUNSTAN HORSE FEEDS 1400, permitted his mount to shift inwards passing the 700 metres when not clear of THE CZAR (Mr R Mudhoo) which had to be checked. Also hampered was THOUGHT THAT (Mr K Mudhoo).

Mr McLaughlin, Stipendiary Steward, demonstrated on the films that Mr Callaway was 3 wide looking for the lead. He shifted across on the point of the turn and, in so doing, tightened the horse to his inside ridden by Mr R Mudhoo. He said there was pressure placed on Mr R Mudhoo and that Mr Callaway was only ¾ of a length clear. Mr R Mudhoo, who had been kicking up, had had to check his mount which then briefly brushed the rail.

Mr Callaway accepted he was only ¾ of a length clear of Mr R Mudhoo but said Mr Mudhoo had been kicking his horse up. He believed Mr R Mudhoo should have taken hold earlier as it should have been evident to him that Mr Callaway’s horse would step in on the bend. He accepted he could have made more of an effort to keep off Mr R Mudhoo and that was why he admitted the breach. He had simply not pushed his horse forward enough.

Decision:

As Mr Callaway has admitted the breach, it is found to be proved.

Submission For Penalty:

Mr Davidson produced the respondent’s record which showed one breach on 25 May last when Mr Callaway was suspended for 4 days. He described this as a very good record. He said the breach was mid to low range but there had been crowding. Mr Callaway knew Mr Mudhoo was there and was relying on Mr Mudhoo to take hold.

Mr Callaway said Mr Mudhoo’s horse had over-reacted when it touched the rail. This had made the incident look worse than it actually was.

Mr Callaway did not seek any deferment of any suspension that we were to impose.

Reasons For Penalty:

We believe that the breach is mid-range and at the lower end. There has been inwards movement right at the bend by the respondent when he was not clear of Mr R Mudhoo and crowding has been the result. We accept that Mr Mudhoo’s horse has perhaps over-reacted when it touched the rail.

The starting point is 8 national days. Mr Callaway’s record is very good. His last breach is over 6 months ago. He is a fairly busy South Island rider. A day’s credit is appropriate for this and his admission of the breach.

Penalty:

Mr Callaway’s licence is suspended for 7 National days. This is from the end of racing today (2 December) up to and including 13 December 2018.

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