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R Tauranga 21 March 2020 - R 4 - Chair, Mr A Dooley

Created on 23 March 2020

Rules:
638(1)(d)
Committee:
ADooley (chair)
AGodsalve
Name(s):
Mr D Danis - Apprentice Rider
Mr B Jones - Stipendiary Steward
Mr N Harris - Apprentice Jockey Mentor
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A13368
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 4, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Danis allowed AVOCA WILLOW to shift out when not clear of MY ZULU WARRIOR which was checked near the 300 metres.

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

Mr Danis said that he understood the Rule and confirmed he admitted the breach.

Mr Harris assisted Mr Danis at the hearing.

Mr Jones demonstrated the incident using the available video footage. He identified that near the 300 metres Mr Danis was riding his mount forward when it shifted outwards when a bare length clear of MY ZULU WARRIOR which was checked.

Mr Danis said he took one hand off the reins to use his whip and as a result his mount shifted out into the line of MY ZULU WARRIOR.

Mr Harris said that Mr Jones summed up the incident well. 

Decision:

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

Submission For Penalty:

Mr Williamson produced Mr Danis’ record which showed 1 previous breach under this Rule in the last 12 months. He assessed Mr Danis’ level of carelessness as low to mid-range and submitted a penalty in line with that would be appropriate.

Mr Danis advised that he had no upcoming commitments and any proposed suspension could start immediately.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

When reviewing the video footage, we found that near the 300 metres Mr Danis allowed his mount to shift out when only 1 length in advance of MY ZULU WARRIOR. As a result, that runner was crowded and checked. We deemed the level of carelessness displayed by Mr Danis was low to mid-range.

The JCA Penalty Guide starting point for low to mid-range carelessness is 7 national riding days which we adopted.

The mitigating factors were Mr Danis’ admission of the breach and his good record. For these collective factors we afforded Mr Danis a 1-day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate penalty was a 6-day suspension.

Penalty:

Accordingly, Mr Danis had his license to ride in races suspended for a period to commence after racing on 21 March and conclude after racing on 2 April 2020.

The 22nd and 23rd of March race meetings were not included in Mr Danis’ penalty because the declaration of riders had already closed.

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