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R Rotorua 28 November 2018 - R 9 - Chair, Mr A Dooley

Created on 29 November 2018

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Mr N Bakar - Apprentice Rider of DON'TBLAMETHEMUSIC
Mr N Harris - Apprentice Jockey Mentor
Mr B Jones - Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A11252
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 9, Mills Reef Winery, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 50 metres Mr Bakar allowed his mount DON’TBLAMETHEMUSIC to shift out when insufficiently clear of PATTERN 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 Bakar said he understood the Rule and confirmed that he admitted the breach.

Mr N Harris assisted Mr Bakar at the hearing.

Mr Jones demonstrated the incident using the available video footage. He identified that Mr Bakar was riding his mount forward with the whip in the final straight. He said that Mr Bakar shifted out from a 2 wide position to be in a 5 wide position at the finish. He said that PATTERN was checked when it had its rightful running line taken at the 50 metres when DON’TBLAMETHEMUSIC shifted out. He added that PATTERN dead heated for 4th place and had the interference not occurred PATTERN would have definitely finished 4th outright and may have even finished in a better placing.

Mr Bakar said that his mount had a tendency to hang out and he was trying his best to win the race.

Mr Harris said that Mr Bakar was experiencing a tough time at present with him breaching the Rules. He said that Mr Bakar should have put his whip away when his mount was shifting out. He said it was the last 2 strikes with the whip when DON’TBLAMETHEMUSIC shifted out and caused interference to PATTERN. He added that Mr Bakar needs to tone down his use of the whip.

Decision:

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

Submission For Penalty:

Mr Coles said that Mr Bakar used his whip too many times and he should have stopped and straightened his mount. He produced Mr Bakar’s record which showed 3 previous breaches under this Rule, the most recent being 17 October which incurred an 8 day suspension. He said that Mr Bakar has had 9 wins from 29 rides to date in his career. He described the level of carelessness as low range which resulted in a sharp check to PATTERN. He said to Mr Bakar’s credit he admitted the breach.

Mr Harris considered the breach to low end and he reiterated that Mr Bakar needs to keep his mount in a straight line.

Mr Bakar confirmed that he was to commence an excessive whip suspension after racing today which concluded after racing on 14 December.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

It was clear of the video films that Mr Bakar permitted his mount to shift out over the final 100 metres of the race. Mr Bakar was riding his mount forward with the whip when challenging for the lead and as a consequence he allowed his mount to shift out approximately 3 horse widths. Near the 50 metres PATTERN had to be firmly restrained by its rider when Mr Bakar shifted out when only 1 length clear of that runner. Mr Bakar failed to take any corrective action when his mount was clearly shifting out. There is no doubt the interference PATTERN suffered cost that runner 4th placing. The Committee deemed the totality of the level of carelessness displayed by Mr Bakar was mid-range.

The JCA Penalty Guide starting point for mid-range carelessness is 8 days which was adopted.

Mr Bakar’s record is poor with today being his 4th careless riding charge from just 29 race day rides. This is an aggravating factor which warrants a 1 day uplift in penalty.

The mitigating factors were Mr Bakar’s admission of the breach and his inexperience as an Apprentice Rider. For these collective factors a 1 day reduction was applied.

After taking into account all the above factors the Committee considered that an appropriate suspension was 8 national riding days.

Penalty:

Accordingly, Mr Bakar had his license to ride in races suspended for a period to commence after racing on 14 December and conclude after racing on 23 December 2018. This follows on from a suspension imposed on Mr Bakar at Palmerston North on 24 November for excessive whip use.

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