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R Tauranga 14 November 2020 - R 3 - Chair, Mr BJ Scott

Created on 17 November 2020

Committee:
BScott (chair)
WGendall
Name(s):
Mr S McKay - Rider of ZAC BLACK
Ms T Newman - Rider of GOOD SOUL
Mr A Goindasamy - Rider of EL ROSEAY
Mr A Coles - Stipendiary Steward
Informant
B Jones - Stipendiary Steward
Information Number
A14004
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of the O'CONNOR WARREN INSURANCE BROKERS MAIDEN an Information was lodged by Stipendiary Steward Mr B Jones against Mr S McKay the rider of ZAC BLACK alleging that Mr McKay allowed his mount to shift in when not clear of EL ROSEAY which was dictated in onto GOOD SOUL which was crowded and hampered near the 1000 metres mark.

Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr McKay was present at the Hearing and he advised the Committee that he did not admit the charge.

Stipendiary Steward Mr A Coles demonstrated the incident using the race films. He showed where ZAC BLACK drew 3 from the outside and inside it was EL ROSEAY and inside that horse was GOOD SOUL. He showed where soon after the start Mr McKay began moving his horse inwards and in doing so he took the line of EL ROSEAY which in turn was dictated onto GOOD SOUL.

In answer to a question from Mr McKay he said that Mr McKay's horse did race erratically after the incident and he also said that Ms Burdan riding EZDARA had shifted out a little.

Ms Newman then gave evidence and she said that passing the 1000 metres mark there was interference to her horse and it came from the outside. She said that EL ROSEAY was pushed down onto her horse which was crowded and pushed inwards.

In answer to a question from Mr McKay she said that EZDARA had laid in on her horse but that was a result of the interference that unbalanced  her horse.

Mr Goindasamy then gave evidence and he said he had pressure on the outside and the inside. He said that there was a considerable amount of buffeting.

Mr McKay then asked him if his horse overreacted and made things look worse. He did not think so and again said he had pressure from both sides.

In answer to a question from the Committee he said he was screaming out " I am still here".

Mr McKay said that he had come in slightly after leaving the barrier and he said the problems were mainly caused by his horse's manners. He said that the Trainer of his horse had forewarned him about its racing manners.

Mr Jones did not have any questions of Mr McKay.

Mr McKay was questioned by the Committee about the apparent loose rein on the near side of his horse. It was suggested to him that he continued to move in without taking any corrective action. In response Mr McKay blamed his horse's racing manners.

Submission For Decision:

Mr Jones said that Mr McKay simply did not take corrective action soon enough. He said that Mr McKay caused the initial contact and that the Stewards believed that his actions were careless and the cause of the interference.

Mr McKay said that he was being careful with his horse and when he gave it its head it ran out.

Reasons For Decision:

The race films give a very clear view of the incident. Mr McKay has come across and although he was not sufficiently clear of the horses inside him he has continued to come across. We note that during this movement the near side rein is loose and that indicates to us that Mr McKay was not taking sufficient corrective action.

We are also concerned that if Mr McKay was forewarned about his horse's racing manners then he should have been more careful.

In our view Mr McKay was careless and accordingly the charge is upheld.

Decision:

The charge is upheld.

Submission For Penalty:

Mr Jones said that Mr McKay had an excellent record under this Rule and had not had any charges in the last 12 months. He said that the incident was low to mid range. He further said that Mr McKay should have pulled out earlier and it was a misjudgement on his part.

Mr McKay said he took corrective action too late and it was his mistake.

Mr McKay also pointed out to the Committee that not only did he have an excellent record under this Rule but that he had not faced a charge for 2 years.

The Committee pursuant to Rule 1106(2) advised Mr McKay that he was entitled to a deferment of his suspension for up to 7 days and he asked that it start after the Counties meeting on the 21st of November.

Reasons For Penalty:

This is a clear instance of careless riding. Mr McKay has continued to come in without taking any corrective action. Mr Goindasamy told us that he was screaming out and this was not challenged by Mr McKay.

We agree with Mr Jones that the incident is in the low to mid range of seriousness and as a result we have adopted a starting point penalty of 7 riding days.

We do take notice however of Mr McKay's excellent record and accordingly believe a suspension of 5 riding days is appropriate.

We also grant Mr McKay a deferment of his suspension until after the conclusion of racing on the 21st of November.

Penalty:

We order that Mr McKay's Riders Licence be suspended from the conclusion of racing on the 21st of November 2020 up to the conclusion of racing on the 29th of November 2020. We calculate that to be 5 National Riding days being racing at Te Rapa on the 25th of November, Levin on the 26th of November, Cromwell on the 27th of November, Ellerslie on the 28th of November and Otago on the 29th of November.

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