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R Tauranga 22 June 2013 - R 8

Created on 24 June 2013

Rules:
638(1)(d)
Committee:
ADooley (chair)
RSeabrook
Name(s):
Mr D Walsh - Rider of NO EXCUSE MAGGIE
Mr M Williamson - Stipendiary Steward
Informant
Mr J Oatham - Stipendiary Steward
Information Number
A4270
Plea:
Admitted
Charge:

Following race 8, Team Wealleans Tauranga Classic, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 700 metres Mr D Walsh permitted his mount NO EXCUSE MAGGIE to shift in when not clear of KARLA BRUNI which was checked.

Mr Walsh acknowledged that he understood the nature of the charge and the Rule.

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

Evidence:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the Committee that Mr Walsh permitted NO EXCUSE MAGGIE to shift in when not realising that KARLA BRUNI was racing directly to his inside. He said Mr Walsh was only ¾ to 1 length clear when shifting in which resulted in KARLA BRUNI being checked and lose 2 to 3 lengths.

Mr Walsh informed the Committee that passing the 800 metres he noticed the favourite INNOVATION making ground close to the inside rail. Shortly after this point he decided to follow her and angled his mount in. However, in doing so he freely admitted he did not realise that KARLA BRUNI was approximately 1 length behind him. He said the incident looked worse on the video films when his mount made contact with KARLA BRUNI. He believed KARLA BRUNI over reacted when put off balance.

Decision:

As Mr Walsh admitted the breach we find the charge proved.

Submission For Penalty:

Mr Oatham produced Mr Walsh's record which showed 1 previous breach under this rule in the last 12 months. He said this was a very good record and Mr Walsh had been upfront during the hearing. He said it was unlike Mr Walsh to cause interference with the Stewards accepting he was unaware KARLA BRUNI was racing behind him.

Mr Oatham submitted the level of carelessness was mid range and noted KARLA BRUNI received a considerable check. He said a further aggravating fact was the interference occurred in a listed race. He submitted a suspension of 5 to 6 days would be appropriate.

Mr Walsh submitted that he rides all over the country and asked the Committee to take into account his very good record.

In response to a question from the Committee, Mr Walsh stated he had no commitments at Rotorua on the 24th or Te Teko on the 26th June. He submitted thereafter he was intending to travel all over the country to ride.

Mr Walsh acknowledged that his proposed suspension would commence after racing at Te Teko.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Walsh's admission of the breach and his very good record. The aggravating factors were the check received by KARLA BRUNI which we assessed as severe costing her more than 2 lengths, the incident occurred in a listed race worth $50,000 and we assess the level of carelessness as clearly mid range.

The Committee accepts that Mr Walsh has a history of riding all over the country.

After taking into account all of the above the Committee informed Mr Walsh that the significant aggravating factors meant an appropriate penalty was a 6 day suspension.

Penalty:

Accordingly, we impose a suspension on Mr Walsh which will commence after racing on 26th June and conclude after racing on 4th July 2013 (6 days).

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