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R Rotorua 16 January 2019 - R 3 - Chair, Mr A Dooley

Created on 17 January 2019

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Mr P Gallagher - Class A Rider
Mr M Williamson - Senior Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A09669
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 3, Mills Reef Winery 1100, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr Gallagher permitted his mount TOUGH KID to shift in near the 1000 metres when insufficiently clear of IRON EAGLE 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 Gallagher said he understood the Rule and confirmed that he admitted the breach.

Mr Williamson demonstrated the incident using the available video footage. He identified that TOUGH KID jumped from the outside barrier. He said that near the 1000 metres Mr Gallagher allowed his mount to shift in when only a bare length clear of IRON EAGLE. As a result that runner was forced across the heels of SHESONFIRE.

Mr Gallagher said he had a small look prior to shifting in and he thought he was clear. He said today was his first race day ride in 3 years and he was too eager. He added that he would learn from this experience.

Decision:

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

Submission For Penalty:

Mr Jones confirmed that Mr Gallagher has not ridden in recent years. He said to Mr Gallagher’s credit he admitted the breach and believed that he misjudged his shift inwards. He described the level of carelessness as low range and a penalty in line with that would be appropriate.

Mr Gallagher sought a 7 day deferment to his proposed suspension so he could fulfil his upcoming engagements.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

It was clear of the video films that Mr Gallagher permitted his mount to shift in 100 metres after the start when only a bare length clear of IRON EAGLE. As a consequence that runner was crowded and checked. The Committee deemed the level of carelessness as low range.

The JCA Penalty Guide starting point for low range carelessness is 6 national days which was adopted.

There were no aggravating factors.

The mitigating factor was Mr Gallagher’s admission of the breach for which he was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding days.

Penalty:

The Committee granted a deferment to Mr Gallagher’s suspension pursuant to Rule 1106(2)

Accordingly, Mr Gallagher had his license to ride in races suspended for a period to commence after racing on 23 January and conclude after racing on 30 January 2019.


 

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