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R Tauranga 5 February 2014 - R 3

Created on 10 February 2014

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Mr J Oliver - Licensed Apprentice Jockey
Mr M Williamson -Stipendiary Steward
Mr B McKeagg - assisting Mr Oliver
Informant
Mr J Oatham - Senior Stipendiary Steward
Information Number
A6551
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 3, Mills Reef Winery & Restaurant 1400, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that passing the 250 metres Mr Oliver (ROGART) allowed his mount to shift out when not clear of MALCOLM (D Hain) and FIVEUNDRED (P Turner) who were both checked with MRS SIN, STAGE DOOR and ERNIE all being hampered.

Mr Oliver acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr McKeagg assisted Mr Oliver at the hearing.

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

Mr Williamson identified on the video films approaching the 350 metres ROGART was racing adjacent to the rail. On his outside were MALCOLM, FIVEUNDRED, MRS SIN and back behind her was ERNIE. He showed when Mr Oliver slapped ROGART with the whip it had a tendency to shift off the fence by several horse widths. He said Mr Oliver did attempt to straighten his mount but ROGART moved out abruptly and severely checked MALCOLM, who in turn bumped FIVEUNDRED. He added that Mr Oliver made an error of judgement and should have stopped riding forward.

Mr Oliver advised that ROGART over reacted to being hit with the whip and had “got lost” when he was in the lead. He conceded ROGART drifted out inconveniencing several runners.

Mr McKeagg said ROGART was a strong horse that over reacted to being hit with the whip. He added Mr Oliver advised him ROGART needed blinkers on to help the horse concentrate.

Decision:

As Mr Oliver admitted the breach I find the charge proved.

Submission For Penalty:

Mr Oatham produced Mr Oliver’s record which showed 1 previous breach under this Rule in the last 12 months. He said Mr Oliver has had a total of 180 race day rides and was still considered inexperienced. He said he was not unsympathetic to Mr Oliver as the racing manners of ROGART was a mitigating factor. He said Mr Oliver ought to be given credit for his admission of the breach. However, the aggravating factors were 5 horses received checks due to Mr Oliver’s carelessness and the interference resulted in a relegation. He described the level of carelessness as low but the consequences were high. Mr Oatham submitted a 4 or 5 day suspension would be appropriate.

Mr Oliver advised that he had no upcoming commitments and any proposed suspension could commence immediately.

Mr Oliver confirmed that he rode only in the North Island.

Reasons For Penalty:

I carefully considered all the evidence and submissions presented. I have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Oliver’s admission of the breach and his good record in relation to this Rule. The aggravating factors are the consequences of Mr Oliver’s actions (mid – high range) resulted in a relegation and his carelessness affected several runners to various degrees.

After taking into account all the above factors I consider an appropriate penalty is a 5 day suspension.

Penalty:

Accordingly, I impose a suspension on Mr Oliver which will commence after racing on 5 February and conclude after racing on 14 February 2014 (5 North Island days).

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