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Southland RC 31 March 2019 - R 5 (heard on 3 April 2019 at Timaru) - Chair, Mr S Ching



638(1)(d)

RACEDAY JUDICIAL COMMITTEE DECISION

Meeting: Southland Racing Club

Date: 31 March 2019

Race: 5

Rules: 638(1)(d)

Committee: S Ching-Chairman, D Anderson-Panellist

Names: G Saejorhor-Class B Rider

Informant: M Davidson- Stipendiary Steward

Information Number: A9078

Plea: Admitted

Charge: Alleged breach of Rule 638(1)(d)-Careless riding

Evidence:

This was an adjourned hearing heard at the Timaru Racing Club's meeting on 3 April 2019.

Following the running of Race 5, the Lone Star Café & Bar Handicap, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr G Saejorhor, alleging careless riding in that he allowed his mount, LIL MISS SWISS to shift inwards when not sufficiently clear of FRANCONI passing the 850m, crowding and checking that runner.

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

(d) careless”

Mr Saejorhor had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Saejorhor also agreed that he understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Saejohor at the hearing.

Submissions For Decision:

Mr Davidson gave evidence and used video coverage of the back straight to show that approaching the 850m, LIL MISS SWISS, ridden by Mr Saejorhor, was racing 3 back on the rail with FRACONI ridden by Mr Moseley in his trail. He pointed out on the video Mr Saejorhor, shift out to a 1 off position with Mr Moseley then improving into the gap vacated by Mr Saejorhor. Mr Davidson said that at the 850m Mr Saejohor shifted back down to the rail with Mr Moseley already established in that position being ¾ of a length behind Mr Saejorhor. As a result, Mr Moseley was crowded and had to check.

Mr Walsh stated that the breach was clear cut and obvious on the films. He added that Mr Moseley had read the situation, reacted and checked out of his position.

Reasons For Decision:

As Mr Saejorhor had admitted the breach. The charge was found proved.

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Davidson stated that Mr Saejorhor had a clear record in regard to this rule and had up to date never been charged under the careless rule. He added that Mr Saejohor had admitted the breach at the first opportunity. Mr Davidson said the Stewards rated this breach as low to mid and submitted that a starting point of 7 days be considered with mitigation being Mr Saejorhor’s frank admission and his excellent record.

Mr Saejorhor made no submissions on penalty apart from requesting a deferment until Saturday 6 April where he had commitments at the Canterbury meeting.

Mr Walsh stated that Mr Saejohor had been in the South Island for approximately 10 months after starting his career in the North Island and had to date ridden race day on 170 occasions. He added that 90% of his total rides had been over the past 8 months.

Reasons For Penalty:

This Committee assessed this breach as mid-range and therefore adopted an 8 National day starting point. We determined there were no aggravating factors to consider hence no uplift in penalty warranted. There are however mitigating factors being Mr Saejorhor’s good record and his frank admission of the breach, which we considered, warranted a combined discount. This discount we set at 1 day. We therefore determined that a 7 National day suspension is an appropriate penalty in this case. Mr Saejorhor’s application for a deferment until after racing 6 April is granted.

Penalty:

Accordingly, Mr Saejorhor’s Class B Jockeys licence is suspended from the conclusion of racing 6 April up to and including 17 April 2019.

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