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Paeroa RC 13 January 2012 - R 4

Created on 16 January 2012

Rules:
638(1)(d)
Committee:
ADooley (chair)
GTankard
Name(s):
Mr A Forbes - Licensed Apprentice Rider
Mr J Oatham - Stipendiary Steward
Ms A Taylor - Licensed Apprentice Rider of DIAMONDS IN TIME
Mr J Castano - Licensed Apprentice Rider of ABUNDANTIA
Mr S Shirahama - Licensed Apprentice Rider of ELLIE'O
Mr G Forbes - Trainer (representing Mr A Forbes)
Informant
Mr M Williamson - Stipendiary Steward
Information Number
A2131
Plea:
Denied
Charge:

Following race 4 an information was filed pursuant to Rule 638(1) (d). The informant Mr Williamson alleged that Mr Forbes permitted his mount LA PINNACLE to shift inwards near the 800 metres when not sufficiently clear forcing ABUNDANTIA (J Castano) inwards crowding DIAMONDS IN TIME (A Taylor) onto ELLIE’O(S Shirahama) which was checked.

Evidence:

Mr Oatham demonstrated the video films which showed at the 800 metres LA PINNACLE ridden by Mr Forbes was racing in a 4 wide position. He pointed out to the committee that when Mr Forbes shifts ground inwards he was less than 1 length clear. This resulted in 3 horses racing on his inside receiving interference, with ELLIE’O racing adjacent to the rail being sharply checked and losing at least 3 lengths in the incident.

Mr A Forbes had no questions of Mr Oatham’s interpretation of the films.

Mr Williamson then called Mr Shirahama as a witness. He told the committee that he received pressure from his outside which resulted in him having no room at the 800 metre bend. He said the pressure had come from Mr Forbes and cost his mount 3 lengths.

In a questions raised by Mr G Forbes, Mr Shirahama admitted he was flat holding his position prior to the interference occurring.

Mr Williamson then called Ms Taylor as a witness. She told the committee that she received pressure from her outside at the 800 metres. She believed the pressure came from Mr Forbes mount that moved in onto Mr Castano’s mount when only ½ a length clear.

Mr Williamson then called Mr Castano as a witness. He told the committee that he received pressure from Mr Forbes mount, which was racing on his outer at the 800 metre mark. He said Mr Forbes was ¾ length clear of him when shifting ground.

Mr G Forbes asked Mr Castano if he called out to Mr A Forbes to relieve the pressure. He said he did not call out, however he turned his mount’s head out to try and relieve the pressure to the runners on his inside. He admitted to the committee he was trying to maintain his rightful running line.

Mr A Forbes when asked for his evidence, said he believed that Mr Castano had over reacted to his inward movement. He said he moved in when Mr Castano was moving across.

The committee asked Mr A Forbes what the margin was when he shifted ground in. He conceded he was only ½ a length clear.
Mr G Forbes said he believed that Mr Castano had over reacted to the inward movement from Mr A Forbes. He pointed out to the committee that Mr Castano did not look in prior to the 800 metre bend.

Mr Williamson said in summing up the video films clearly show that Mr Forbes placed pressure on 3 runners to his inside when shifting in when not the required distance clear. This interference resulted in ELLIE’O losing 3 lengths.
Mr A & G Forbes when given the opportunity to sum up, had nothing new to add.

Submission For Decision:
See above.
Reasons For Decision:

The committee carefully considered all the evidence and submissions as presented. Having reviewed the films, we firmly believe that Mr Forbes has erred in shifting ground when only ¾ of a length clear. This inward movement resulted in three horses being crowded, with ELLIE’O losing 3 lengths. We looked at Mr Forbes' evidence that Mr Castano had over reacted to the incident, however the video films did not support this.

Decision:

The committee accordingly found the charge of careless riding proved.

Submission For Penalty:

Mr Williamson produced Mr Forbes' record which showed 2 previous suspensions from a total of 217 rides. He submitted the level of carelessness was middle to low range and reminded the committee the interference ELLIE’O received. He said Mr Forbes rides only in the North Island and submitted a suspension at the starting point of 5 days would be appropriate.

Mr G Forbes initially asked the committee if Mr A Forbes could start his suspension after racing on the 21st of January 2012. The committee explained to Mr Forbes that the submission could not be granted as it fell outside the 7 day deferment rule. Mr G Forbes then told the committee that Mr A Forbes had firm commitments up to and including January 19, 2012.He acknowledged that Mr A Forbes rides only in the North Island.

Reasons For Penalty:

The committee carefully considered all the evidence and submissions as presented. The mitigating factor is Mr Forbes' good riding record. However this has to be balanced against the level of carelessness which we assess as mid range, as Mr Forbes was only ¾ length clear. The interference received by ELLIE’O which resulted in it losing 3 lengths was also a significant factor.

Penalty:

We grant Mr Forbes' submission to seek a deferment to his suspension as per rule 1106(2).

Accordingly we impose a suspension on Mr Forbes which will commence after racing on January 19th, 2012 and conclude after racing on 27th January 2012(5 days).

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