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R Tauranga 3 November 2018 - R 8 - Chair, Mr A Dooley

Created on 05 November 2018

Rules:
638(1)(d)
Committee:
ADooley (chair)
AGodsalve
Name(s):
Mr L Innes - Class A Rider
Mr A Coles - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A11068
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 8, Christmas At The Races – 14 December, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr Innes allowed SKAABOOM to shift in when not clear of LAGERTHA (S Spratt) which was hampered passing the 1400 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 Innes said he understood the Rule and confirmed that he admitted the breach.

Mr Coles demonstrated the incident using the available video footage. He said that Mr Innes was almost 2 lengths clear of LAGERTHA when he shifted in passing the 1400 metres. He said Mr Innes looked to his inside and he was unaware that LAGERTHA was racing behind him. He described Mr Innes’ inward shift as real sharp and on an abrupt angle. He added that during the Stewards investigation into the incident that Ms Spratt said she was surprised that Mr Innes shifted in abruptly. He said as a result LAGERTHA was hampered and he viewed the interference as low end.

Mr Innes said that he looked to his inside before shifting ground and he thought he was 2 lengths clear. He acknowledged that his inward shift was abrupt and he recognised that Ms Spratt had moved up on his inside.

Decision:

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

Submission For Penalty:

Mr Williamson produced Mr Innes’ record which showed 2 previous breaches under this Rule in the last 12 months. He said Mr Innes thought he was 2 lengths clear when he shifted in and he made an error of judgement. He said the level of carelessness was in the low range and the breach was very low. He said a suspension in line with that would be appropriate given Mr Innes’ admission of the breach.

Mr Innes advised that he had engagements up to and including 10 November and therefore sought a 7 day deferment to fulfil those riding commitments. He added that Ms Spratt had not called out to him when she was hampered at the 1400 metres.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee observed that 200 metres after the start Mr Innes angled his mount inwards in an abrupt manner when insufficiently clear of LAGERTHA. As a result Ms Spratt steadied her mount when it was hampered. The interference that runner suffered was low range. The Committee deemed the level of carelessness displayed by Mr Innes was low range.

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

There were no aggravating factors to warrant an uplift in penalty.

The mitigating factor was Mr Innes’ admission of the breach and he was afforded a 1 day reduction in penalty.

The Committee deemed Mr Innes’ record to be a neutral factor.

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 Innes’ suspension pursuant to Rule 1106(2).

Accordingly, Mr Innes had his license to ride in races suspended for a period to commence after racing on 10 November and conclude after racing on 16 November 2018.


 

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