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Taranaki JC 27 December 2011 - R 5

Created on 30 December 2011

Rules:
638(1)(d)
Committee:
NMcCutcheon (chair)
ISmith
Name(s):
Mrs L Allpress - Licensed Jockey
Mr N Goodwin - Stipendiary Steward
Miss K Myers - Rider of SHARKI BRAHMA
Miss M Wenn - Rider of DASHING THUNDER
Mr S Doyle - Rider of COOL SPUR
Mr K Grey - Trainer of JUSTA BELT
Mr T Bird - Taranaki Daily News (present during decision on penalty)
Informant
Mr R Neal - Stipendiary Steward
Information Number
A3459
Plea:
Denied
Charge:

Careless Riding.

Evidence:

Following the running of race 5, information A3459 was filed by Stipendiary Steward, Mr R Neal, under Rule 638(1)(d). The information stated that “in rounding the final turn, Miss L Allpress permitted her mount, JUSTA BELT, to shift out when not clear, causing crowding to COOL SPUR, DASHING THUNDER, SHARKI BRAHMA and KASHMIR KID”. Mrs Allpress signed the information that she did not admit the breach, and confirmed that she understood the rule and the charge that was preferred against her.

Rule 638 (1) (d) states “a rider shall not ride a horse in a manner which the Judicial Committee considers to be….careless”.

Submission For Decision:

Mr Neal called Miss K Myers, Miss M Wenn and Mr S Doyle as witnesses.

Miss K Myers said that she received a bump from the inside and that her mount was put off balance. She said that the horse to her inside, was DASHING THUNDER, ridden by Miss Wenn.

Miss Wenn said coming around the turn the horse on her inside was pushed out sharply sideways onto her mount who became unbalanced and was checked. Miss Wenn identified the runner on her inside as being COOL SPUR ridden by Mr Doyle.

Mr Doyle said that turning for home, he received pressure from the runner on his inside, when that horse came out when only about three quarters of a length clear of his mount. He said that the effect on his mount, was that it lost momentum and was checked. Mr Doyle added that his mount was “kind of going backwards at the time”. In answer to a question from Mr Neal, Mr Doyle said that initially Mrs Allpress had room to shift out and come through, but that her mount then shifted out sharply.

In answer to a question from the Committee for clarification, Mr Doyle said that Mrs Allpress’ mount was not clear of his mount when it came out.

Mrs Allpress, for her part, said that she was in the trail, and that Mr Doyle was three-wide outside the leaders, and that she came from a trailing position and pulled out to one-off, and then there was half a run to her outside. She then asked Mr Doyle if he believed if there was enough room, and did she create any interference when she came out into the position of two-off before she came out sharply. Mr Doyle said, that at that time, she did not cause any interference.

Mr Neal then asked Mr Doyle, that at the time Mrs Allpress came out, was she riding forward? Mr Doyle answered that she was. Mrs Allpress elected not to question any of the other riders.

Mr Neal then showed all available films. He identified Mrs Allpress and her mount racing in behind the leaders, with Mr Doyle on her outside. He said that Mrs Allpress’ mount was travelling keenly, moved out from in the trail when riding forward, and caused significant disruption to the runners on her outside. He said that from the moment Mrs Allpress commenced to come out, she started riding forward and let her mount drift out, causing a check and crowding to the outside runners. Mr Neal added that Mrs Allpress did attempt to straighten her mount, but that it was after the damage was done.

Mrs Allpress, for her part, said that Mr Doyle’s evidence was quite clear that the interference happened when her mount shifted outwards sharply; it was not when she initially shifted away from the fence. When the interference happened, she said that the film clearly showed she was not riding forward, that she was sitting and trying to get her mount around the corner, and actually had its head turned back in. She said that the horse had come out very sharply and that that was why she pleaded not guilty, because she knew that initially when she came out, that the run was there, and that when she came out from behind the leaders, her horse over-reacted and she had its head turned inwards. She added that the horse over-reacted; it’s only had one trial and today when she pushed him to go, that it went sideways instead of straight and that she did not angle out for any run. She believed that she did everything she could to keep her mount straight and that in her opinion, it was certainly not careless riding.

Mr Gray, the Trainer of JUSTA BELT, was called as a witness by Mrs Allpress. Mr Gray confirmed that the horse had had only one trial and was here to try to qualify to go to Hong Kong. He said that the horse was “a little bit highly strung” and “was a very quick moving horse”. He added that knowing what had happened, he was not surprised due to the horse’s inexperience.

Mr Neal, in summing up, said that the Stewards' complaint was, that on immediately straightening up, Mrs Allpress had Mr Doyle to her outside and that Mr Doyle had to take hold of his mount to let her go. If she had have been clear, Mr Doyle would not have had to take a hold and said that subsequent to the interference, Mrs Allpress had attempted to straighten her mount’s line of running. Mrs Allpress responded by saying, that at the point of the turn, Mr Doyle was not in trouble, it was only when her mount shifted sideways. She said that if her mount had stayed straight, nothing would have happened and that she did her best to keep it straight.

Reasons For Decision:

The Committee, having given due consideration to all the evidence and having viewed all the available films at length, found that, on rounding the final turn and entering the home straight, Mrs Allpress initially allowed her mount, JUSTA BELT, to shift out into COOL SPUR’S rightful line of running when not sufficiently clear. Subsequent interference occurred to DASHING THUNDER, SHARKI BRAHMA and KASHMIR KID. The Committee noted that Mrs Allpress did attempt to straighten her mount’s line of running, however that course of action was subsequent to the initial interference.

Decision:

The charge was found proved.

Submission For Penalty:

Mr Neal said that Mrs Allpress had a fair record, having been suspended five times for careless riding this year. The dates of her suspensions were: 1 July (4 days), 27 August (4 days), 4 November (3 days), 19 November (4 days), 19 November (4 days). Mr Neal said that the three November dates that she was suspended, was of some concern to the Stewards. Mr Neal categorised the careless riding to be in the mid-range. He submitted a 7 to 8 days suspension would be appropriate under the given circumstances. After further consideration, he submitted that perhaps a suspension in the vicinity of six days was more appropriate.

Mrs Allpress said that she was on a green and inexperienced horse and did try to straighten him. She said that although her record is not great, she is a very busy rider. She said that she wanted any suspension to commence after Wairarapa on 2 January 2012.

Reasons For Penalty:

The Judicial Committee has a starting point of 5 days suspension for careless riding. On fixing penalty, we have taken into account Mrs Allpress’ record, the degree of carelessness, which we believe to be in the mid-range. We have also taken into account, the inexperience and greenness of her mount, which was having its first start and the Stewards' submission on penalty. It is accepted that she rides throughout New Zealand on a regular basis. The Committee determined that Mrs Allpress’ Jockeys Licence will be suspended for a period of 6 riding days.

Penalty:

Mrs Allpress is suspended for 6 riding days, from the conclusion of racing on 2 January 2012, up to and including, racing on Wednesday 11 January 2012 – the 6 days being 3 January (Thames), 4 January (Otaki), 5 January (Whangarei), 6 January (Rotorua), 7 January (Woodville), 11 January (Westland).

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