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South Canterbury RC 2 June 2017 - R 5 - Chair, Mr S Ching

Created on 05 June 2017

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
Mr J Lowry - Class B Rider
Mr S Anderton - Licensed Trainer assisting Mr Lowry
Mr W Harnett - Apprentice Jockey Mentor assisting Mr Lowry
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr J McLaughlin - Stipendiary Steward
Information Number
A8133
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of Race 5, the Temuka Transport 1967 Ltd Maiden 1600m, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Mr J Lowry, the rider of FIRE LILY, alleging careless riding in that he permitted his mount to shift inwards shortly after the start when not sufficiently clear forcing POROTENE RIPA inwards resulting in SHEEZOFF being checked.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Lowry had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.

Mr Lowry was assisted at the hearing initially by his employer, Mr S Anderton and then by NZTR Apprentice Mentor Mr W Harnett.

Submission For Decision:

Mr McLaughlin with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and used video coverage to show that shortly after the start, FIRE LILY, ridden by Mr Lowry, was racing with POROTENE RIPPA, ridden by Miss S Wynne ¾ of a length back and SHEEZOFF, ridden by Mr K Kalychurun a further ¾ of a length back, on its inside. Mr Oatham stated that Mr Lowry shifted inwards when not clear of Miss Wynne's mount who was forced inwards into the line of Mr Kalychurun, who was placed in restricted room and had to check.

Mr Kalychurun gave evidence that he was tightened for room shortly after the start and lost his rightful line of running. He said the pressure came from the outside runners and that there was no contributing pressure from the inside.

Mr Lowry cross examined Mr Kalychurun and asked if his horse was field shy, to which he replied, “a little bit”. He confirmed that his horse had over reacted and thrown its head in the air when the tightening began. He also confirmed to the hearing that he had to check because he was in restricted room. Mr Kalychurun stated, after a further question from Mr Lowry, that his horse had over reacted and shifted out in this incident. Mr Lowry submitted that this contributed to the incident.

Miss Wynne gave evidence that she received slight pressure from the outside but she was concerned about the runner on her inside being Mr Kalychurun. She stated that she was unable to relieve the pressure on the horse on her inner as she was on FIRE LILY’s flank and was being dictated in. She stated that Mr Lowry was not his own length and another length clear when shifting in. Miss Wynne said that she did not believe there was any contributing pressure from the inside runners.

In defence Mr Lowry stated that the racing record of SHEEZOFF showed 10th of 12, 12th of 13, 12th of 12, 10th of 14 and 9th of 9, to which he was of the opinion that this horse races back. He said he did not think SHEEZOFF helps itself and that Mr Kalychurun was wanting to get a backward position as out of the barrier he was in a 3-wide position and racing greenly. Mr Lowry said that Mr Kalychurun has taken a hold of his horse prior to the contact from himself and Miss Wynne. He submitted that in his opinion, from the video evidence showed that SHEEZOFF was shifting out with its head pointing in which would say that the horse’s momentum was in an outward movement. He said that SHEEZOFF’s greenness has contributed to this incident as well as Mr Kalychurun checking the horse prior to the tightening. Mr Lowry conceded that he did shift slightly in on Miss Wynne but that it did not cause the check to SHEEZOFF.

He submitted that he was not solely at fault for the incident.

Reasons For Decision:

The Committee carefully considered the oral and video evidence presented. We were satisfied that SHEEZOFF was placed in restricted room and had to check when racing on the inside of FIRE LILY and POROTENE RIPA shortly after the start. We were also satisfied, after hearing compelling evidence from both Miss Wynne and Mr Kalychurun, that Mr Lowry riding FIRE LILY shifted in when not clear dictating Miss Wynne down onto Mr Kalychurun causing him to lose his rightful line of running. The films available also confirmed this view and that Mr Lowry was only ¾ of a length ahead of Miss Wynne, who was only a further ¾ length ahead of Mr Kalychurun, when shifting inwards and not his own length and another length clear as required by the rules. We therefore found the charge of careless riding proved.

Decision:

 The charge was found to be proved.

Submission For Penalty:

Mr McLaughlin stated that Mr Lowry’s penalty record over the previous 12 months showed a 2-day suspension at Gore on 21 January 2017 and a 3-day suspension at Riccarton on 16 February 2017. Mr McLaughlin said that the JCA Penalty Guide recommended a starting point of a 3-day suspension for a South Island jockey but would leave it up to the committee as to the level of suspension imposed. He also submitted that the breach was at a low level.

Mr Lowry stated that he had been without a breach of this rule for the last 3.5 months and asked that that be taken into consideration.

The matter of deferment was discussed with Mr Lowry requesting a deferment until after racing at Riccarton on 7 June.

Reasons For Penalty:

The JCA Penalty Guide suggests a 3-day suspension for a mid-range breach of this rule for a South Island rider.

We agreed with Mr McLaughlin and consider this particular offence to be at a low level. We determined that a 2-day starting point was appropriate for this penalty.

The aggravating factor in this case is Mr Lowry’s record which shows 2 breaches in the past 6 months which we determined warranted an uplift in penalty which we set at 1 day.

There are no mitigating factors to take into consideration so we determined that a 3-day suspension was an appropriate penalty in this case.

The Committee granted Mr Lowry’s request for a deferment until after racing on 7 June 2017.

Penalty:

Accordingly, Mr Lowry’s Class A Jockeys licence is suspended from the conclusion of racing on 7 June 2017 up to and including 22 June 2017. This suspension encompasses the days racing at Waimate on 11 June, Timaru on 16 June and Oamaru on 22 June 2017.

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