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R Te Aroha 24 October 2012 - R 4

Created on 25 October 2012

Rules:
638(1)(d)
Committee:
ADooley (chair)
RSeabrook
Name(s):
Mr C Lammas - Licensed Rider
Mr A Coles -Stipendiary Steward
Informant
Mr M Williamson - Stipendiary Steward
Information Number
A2983
Plea:
Admitted
Charge:

Following race 4, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Williamson, alleged that Mr C. Lammas allowed his mount (BADAZZ) to shift in when not clear of LUCKY SPIRIT (L Innes) which had to be checked passing the 250 metres.

Evidence:

Mr Coles demonstrated the incident by using all the available video films. He pointed out to the committee that LUCKY SPIRIT was racing on the rail at the 250 metres mark, racing on his outside was BADAZZ. The films clearly showed Mr Lammas angle his mount in towards the rail, and in doing so take the line of Mr Innes when only a bare length clear. This caused Mr Innes to stand up, take a hold and check sharply.

Mr Lammas conceded he clearly angled in and admitted he had misjudged the distance between himself and Mr Innes. He said his mount was racing erratically and thought Mr Innes may have dropped back quicker than he did.

Mr Williamson advised the committee that BADAZZ was vetted post race as she had pulled up somewhat distressed, however he said this had no bearing on the incident.

Decision:

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

Submission For Penalty:

Mr Williamson produced Mr Lammas' record which showed 1 previous breach under this rule in the last 12 months. He said Mr Lammas erred in thinking that Mr Innes' mount was weakening quicker than it was. He submitted the breach was at the low end.

Mr Lammas submitted that he had firm commitments at Ellerslie on October 27 and was seeking a deferment to his proposed suspension.

In response to a question from the committee, Mr Lammas confirmed that he rode only in the North Island.

Reasons For Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Lammas' admission of the breach and his very good record. However, this has to be balanced against the aggravating fact, the check received by Mr Innes caused by Mr Lammas moving in when only one length clear. We assess the level of carelessness in the low to mid range. After taking into account all of the above factors we believe an appropriate penalty is 4 North Island days.

Penalty:

We grant Mr Lammas' request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Lammas which will commence after racing on October 27th and conclude after racing on November 3rd 2012 (4 days).

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