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R Tauranga 6 February 2019 - R 1 - Chair, Mr A Dooley

Created on 07 February 2019

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Ms C Burdan - Apprentice Rider of QUATTRO KATIE
Mr B Jones - Stipendiary Steward
Mr P Richards - Stable representative assisting Ms Burdan
Mr N Harris - Apprentice Jockey Mentor assisting Ms Burdan
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12133
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 1, Mills Reef Winery 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Ms Burdan permitted her mount QUATTRO KATIE to shift out making contact with WAY ABOVE near the 200 metres which became unbalanced.

Ms Burdan said that she understood the Rule and confirmed her admission of the breach.

Mr P Richards and Mr N Harris assisted Ms Burdan 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 Jones demonstrated the incident using the available video footage. He said that Ms Burdan was riding QUATTRO KATIE forward passing the 200 metres and she permitted her mount to shift out and make contact with WAY ABOVE. As a result that runner was unbalanced. He said the Stewards believed that there was some chance WAY ABOVE may have run 2nd and not 3rd had the contact not occurred.

Mr Richards accepted that Ms Burdan permitted her mount to shift out passing the 200 metres. He said that Ms Burdan put her whip away when the horse shifted out. He said it was debateable whether or not the incident cost WAY ABOVE 2nd place.

Mr Harris said that Ms Burdan shifted out and made minor contact with WAY ABOVE. He did not believe the contact cost WAY ABOVE 2nd place.

Decision:

As Ms Burdan admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Oatham said that Ms Burdan has had 10 race day rides to date and stated that QUATTRO KATIE was not the easiest horse to ride. He said Ms Burdan made some effort to straighten her mount but she dropped a rein. He said at the point of contact the Stewards were of the view there was a reasonable chance that WAY ABOVE may have run 2nd if the minimal interference had not occurred. On that basis they elected to charge Ms Burdan and not impose a warning on her record. He submitted that the Stewards would not oppose a 4 day suspension given Ms Burdan’s clear record, her admission of the breach and the minimal interference that occurred near the 150 metres.

Ms Burdan advised that she had no engagements in the next 7 days and any proposed suspension could start immediately.

Mr Richards advised that it was the stable's intention to send Ms Burdan to Gisborne on 17 February so she could gain some more riding experience.

Mr Harris asked the Committee to take into account that the contact was only “slight” and Ms Burdan had a good record.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage the Committee observed that Ms Burdan permitted her mount to shift out passing the 200 metres when insufficiently clear. As a result her mount made minor contact with WAY ABOVE. It is questionable whether or not the contact cost WAY ABOVE 2nd place. QUATTRO KATIE finished in 4th place.

The Committee deemed the level of carelessness displayed by Ms Burdan was low range.

The JCA Penalty Guide starting point for low range carelessness is 6 national riding days.

There were no aggravating factors which necessitated an uplift in penalty.

The mitigating factors were Ms Burdan’s admission of the breach, her inexperience as an Apprentice rider and her clear record from limited opportunities. In addition the Committee deemed the interference was minor. For these collective factors Ms Burdan was afforded a 2 day reduction in penalty.

After taking into account all the above factors the Committee exercised their discretion and considered that an appropriate suspension for this particular breach was 4 days.

Penalty:

Accordingly, Ms Burdan had her license to ride in races suspended for a period to commence after racing on 6 February and conclude after racing on 16 February 2019.

The race meetings scheduled for February 7, 8 and 9 were not included in Ms Burdan’s penalty because the declaration of rides had closed.

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