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Southland RC 10 December 2011 - R 10

Created on 14 December 2011

Rules:
638(1)(d)
Committee:
GHall (chair)
ADennis
Name(s):
Ms I Miller
Mr A Webb
Mr L Callaway
Mr McLaughlin - Stipendiary Steward
Mr Yusoff
Mr Gordon - Licensed Trainer representing Ms Miller
Informant
Mr M Davidson - Stipendiary Steward
Information Number
5858
Plea:
Denied
Charge:

Mr Davidson alleged that just passing the 1300 metres, Ms Miller permitted her horse AHRECO, to shift inwards when not clear, causing tightening to the inside runners with POROTENE SKY (A Webb) losing its position, WIN ROCK (L Callaway) buffeted, and WITHOUT DOUBT (S Yusoff) buffeted against the rail.

Evidence:

Mr Davidson asked Mr McLaughlin, Stipendiary Steward, to demonstrate the alleged breach on the videos. He pointed out that the defendant was 5 or 6 wide and moved across the field shortly after the start to eventually take up a position in the lead and on the rail. He alleged that she was not clear of the inside runners when she moved from a 3 wide position to the fence. The result was, he said, that Mr Callaway was under pressure and was up in the saddle having to ease his mount. He showed where, in his view, Mr Yusoff was forced onto the rail, off, and then back onto it again. It was clear on the side-on video, he said, that the defendant was only ½ a length clear and that both Mr Webb and Mr Callaway were inconvenienced.

Mr Yusoff stated that there was pressure from his outside and as a consequence, he came into contact with the rail. He said he was yelling loudly calling for room.

Mr Callaway said that he jumped out well and was hunting up 2 wide for a prominent position when there was tightening from his outside. He said that he was buffeted and had to steady his mount. He said that the pressure was from Mr Webb who was on his outer. He was aware jockeys were yelling. He said that he yelled once to the jockeys on his outside to give him room. On viewing the video, he said that he could see where Mr Webb had been squeezed and where Mr Yusoff’s horse “lost his back legs”. He said that his horse was green and was moving around. In reply to a question from Mr Gordon, he said that he had ended up where he wanted to be in the running.

Mr Webb said that he was racing 3 wide into the first bend. There was tightening from the horse on his outside ridden by Ms Miller. He said that when she came across, in his view, she was not her length and another clear. He yelled to the defendant and also to the riders on his inside. He said he was making himself “known” to all riders and was wanting room. Eventually, he had to take a hold of his horse and ease back. He said that he now thought that he should have taken hold earlier, but in reply to questioning from Mr Davidson, agreed he was entitled to be where he was in the running.

Mr Gordon stated that the charge was an “over-reaction” and should never have been brought. He said that Mr Yusoff’s evidence was not clear and that this was simply an example of tight racing. He agreed, however, that the defendant was not a length clear when Mr Webb was tightened slightly. NO one, in his view, was inconvenienced severely. He believed that the defendant should have been merely cautioned. The horse was green and the defendant was inexperienced.

We are satisfied that shortly after the start, the defendant has moved from a position 5 wide to the rail. From the time she moved into a 3 wide position she was placing pressure on the horses on her inside. We accept that she looked twice, but nonetheless she kept shifting inwards. The result was that Mr Yusoff’s horse hit the rail and Mr Callaway and Mr Webb were both inconvenienced and forced to ease their mounts.

We are also satisfied that Ms Miller was never her length and another clear when she moved across towards the rail.

Submission For Decision:

Please refer above.

Reasons For Decision:

Please refer above.

Decision:

We find the charge proved.

Submission For Penalty:

Mr Davidson placed the defendant’s record before us. This evidenced that she was in her first season of riding and had had 30 rides for no warnings or charges. He said that Ms Miller was a promising apprentice, who had co-operated during their investigation of the matter, and had made an error of judgment in that she was endeavouring to follow instructions and get the horse to the front. He asked for a suspension of not more than 2 weeks.

Mr Gordon reiterated that he did not believe that the defendant was guilty of careless riding, that the horse was green, and that the inconvenience to other riders was minimal. He asked for one day’s suspension.

Reasons For Penalty:

We accept Mr Davidson’s submission that the breach is low to mid range. Two jockeys had to ease, however, and lost momentum as a consequence. Mr Yusoff was forced against the rail. This is Ms Miller’s first breach of any rule of racing and in these circumstances we believe that we can adopt the submission as to penalty of the stipendiary steward. Were she not an inexperienced rider with an excellent record, we would have imposed a penalty of three riding days.

Penalty:

Ms Miller is suspended from riding from the end of racing today, up to and including Sunday 18 December next. This is in effect 2 South Island riding days.

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