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R Taupo 8 September 2010 - R 1



638(1)(d)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr A Coles

Defendant:  Mr J McDonald

Information No: 7594

Meeting:  Racing Taupo

Date:  8 September 2010

Venue:  Taupo

Race:  1

Rule No:  638 (1) (d)

Judicial Committee:  R Seabrook, Chairman – D Johnstone, Committee Member 

Plea:  Admitted

Also Present:  Mr B McDonald

 

CHARGES:

Following race 1 an information was filed pursuant to rule 638 (1) (d).  The Informant Mr Coles alleged that Mr McDonald permitted his mount TAFAOOL to shift outwards near the 350 metres when not sufficiently clear of TITCHATAINE (N Collett).  This outward movement forced TITCHATAINE out dictating HOT PURSUIT (Du Plessis) into the line of VOITRE (S Spratt) which clipped a heel and stumbled.    

 

FACTS:

Mr Williamson demonstrated the video films and pointed out to the committee TAFAOOL ridden by Mr McDonald, racing in a position near the running rail at the 400 metre mark.  Racing on her outside was TITCHATAINE and on her outside again was HOT PURSUIT.  Outside HOT PURSUIT was VOITRE.  Directly ahead of TAFAOOL was D’NOOD LADY (A Calder).  At this stage it was evident on the video films that D’NOOD LADY was racing erratically and coming back on TAFAOOL.  There was plenty of room for Mr McDonald to steady his mount but he elected to move out to gain a better run.  In doing so he was not the required distance clear of TITCHATAINE which started a domino effect resulting in VOITRE nearly falling.

 

SUBMISSION(s):

In admitting the breach Mr McDonald had no further submissions to make.

 

SUBMISSION(s) ON PENALTY:

Mr Coles said Mr McDonald had an excellent record with only 2 charges in the last 12 months.  He said in this case the interference was not entirely caused by Mr McDonald but he had nevertheless made an error of judgement when moving out.  He submitted this was at the low end of carelessness.

 

Mr McDonald said he had confirmed commitments until after racing on 11 September 2010.  He also told the committee he had been riding throughout the whole country.

 

REASON(s):

The committee carefully considered all evidence before imposing an appropriate penalty. 

Mitigating factors are Mr McDonald’s admission of the breach, his excellent record and the part D’NOOD LADY played in the interference when coming back somewhat on

Mr McDonald’s mount.  However Mr McDonald admitted moving out when not the required distance clear which was the main reason for the interference.

 

PENALTY:

Accordingly we impose a suspension on Mr McDonald from riding in races which is to start after racing on 11 September and conclude after racing on 17 September 2010(4 days)

 

 

 

 

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