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South Canterbury RC 2 September 2011 - R7

Created on 05 September 2011

Rules:
638(1)(d)
Committee:
JPhelan (chair)
SChing
Name(s):
Miss A. V. McKay - Apprentice Jockey
Mrs L. J. Allpress - Licensed Jockey
Mr L. M. Robinson - Licensed Jockey
Mr R.I. McKay - Licensed Trainer assisting Miss McKay
Informant
Mr M. Williamson - Stipendiary Steward
Information Number
6993
Plea:
Denied
Charge:

Alleged careless riding.

Evidence:

Following the running of Race 7, The Port FM Maiden 1200, an Information was filed by Stipendiary Steward Mr M. Williamson against Apprentice Jockey Miss A. V. McKay alleging a breach of Rule 638(1)(d) in that she rode carelessly.

The charge reads as follows.
I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 638(1)(d) in that A. McKay rider of Son He Will permitted her mount to shift inwards when not clear causing Copper Tap (L. Allpress) and Oliver Lady (L. Robinson) to check.”

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….”

Miss McKay is an Apprentice Jockey and she was assisted at this hearing by Licensed Trainer Mr R. I. McKay. Miss McKay had indicated on the information that this breach of the rules was not admitted and she confirmed this at the hearing. Miss McKay also agreed that she understood the charge and the rule it was brought under.

Submission For Decision:

Mr Williamson had Stipendiary Steward Mr McLaughlin use video coverage to show what happened in this incident. It was shown that at about the 300 metre mark Miss McKay was travelling outside of but behind the leader. She was then seen to move inwards to make a run on the inside of the leader. At that time she was riding her horse forward, and it moved inwards quite sharply and on to “Copper Tap” which was racing two off the fence, and in turn “Copper” Tap” (4) was forced on to “Oliver Lady” (11) which was racing on the fence. Both these horses received interference which clearly affected their chances in the race.

Mr Williamson called two witnesses. Mrs L. J. Allpress said that at the time of this incident she had a clear run ahead, and that Miss McKay moved into her line. She said that she yelled out to Miss McKay, but that the movement continued, and she was forced on to the horse (“Oliver Lady”) on her inside.

Mr McKay asked if Miss McKay was having difficulty with her horse at the time of this incident, and Mrs Allpress said that she had been told this by Miss McKay after the race.

Mr L. M. Robinson said that he was racing on the fence at the time of this incident, and that he had been forced inwards, with nowhere to go, when Mrs Allpress’s horse had moved in on him. He said that he had heard Mrs Allpress call out, but at the time of the incident had not been fully aware of what the cause of the interference was.

Mr McKay asked Mr Robinson if he had seen that “Son He Will” was racing greenly at the time of this incident. Mr Robinson answered that he had not noticed this at the time.

Mr McKay said that “Son He Will” had a tendency to race greenly, but that it had trialled better recently, and he had hoped it had overcome this trait. Mr McKay also said that he believed that Miss McKay had done all she could to prevent this incident.

Miss McKay said that she tried to correct her horse’s inward movement, but that she was probably a little bit late in doing so. It was also established during her evidence that Miss McKay had ridden “Son He Will” in all of it’s five starts, and that she was well aware that it had a tendency to race greenly. In answer to a question from the Committee Miss McKay agreed that just prior to the incident she had given her horse a “slap” and had been riding it forward.

We adjourned to consider our decision.

Reasons For Decision:

After reviewing the evidence and the video coverage we were satisfied that at about the 300 metre mark “Son He Will” moved in sharply causing interference to the two horses on its inside. Miss McKay’s defence was that she did try to correct her horse’s inwards movement, but that she was probably a little late in doing so. We also noted that just prior to the incident Miss McKay had given her horse a slap and was riding her horse forward.

Taking all these matters into account we were satisfied that any efforts Miss McKay did make to control her horses’s inward movement were too little and too late. We were satisfied that the charge had been proved.

Decision:

On resuming the hearing we advised the parties that a full written decision would be provided later. We then gave our reasons (as set out above) and advised that we found that the charge had been proved.

Submission For Penalty:

In relation to penalty Mr Williamson advised that Miss McKay had one relevant previous breach of this rule on 6 March 2011 when she had received a two day suspension. It was also established that Miss McKay has been riding for about 9 months and has had about 60 race day rides. Mr Williamson submitted that there should be a suspension in this case, and that the starting point should be five days.

Mr McKay made submissions that Ms McKay was inexperienced.

We adjourned to consider the matter of penalty.

Reasons For Penalty:

We took into account Miss McKay’s previous breach of this rule, and also that the interference was quite severe. To Miss McKay’s credit we took into account her inexperience, that “Son He Will” was clearly a difficult horse to ride, and that Miss McKay rides only in the South Island. For all the above reasons we decided that Miss McKay’s Apprentice Jockey’s Licence would be suspended until after 24 September 2011, which is 4 riding days. Although the period of suspension is three weeks it should be pointed out that that there are no South Island race days in the period between 3 – 15 September 2011 inclusive.

Penalty:

On resuming the hearing we gave our reasons (as set out above) and advised that Miss McKay’s Apprentice Jockey’s Licence was suspended from after the completion of racing on 2 September 2011 until after the completion of racing on 24 September 2011. This period encompasses four race days on 16 September 2011 at Southland, 17 September 2011 at CJC, 22 September 2011 at Waimate, and 24 September 2011 at Otago.

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