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Waikato RC 28 October 2013 - R 6

Created on 30 October 2013

Rules:
638(1)(d)
Committee:
ADooley (chair)
GTankard
Name(s):
Ms T Thornton - Licensed Jockey
Mr M Williamson - Stipendiary Steward
Informant
Mr J Oatham - Senior Stipendiary Steward
Information Number
A2907
Plea:
Admitted
Charge:

Following race 6, Sapphire Properties 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 1200 metres Ms Thornton allowed her mount BAGSAGOLD to shift in, when not clear of BENGHAAZI BURNER which was checked.

Ms T Thornton acknowledged that she understood the nature of the charge and the Rule.

Rule 638(1) (d) states: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Evidence:

Mr Williamson identified 200 metres after the start that Ms Thornton permitted her mount to shift inwards when not sufficiently clear of BENGHAZI BURNER which was checked. He said in slight mitigation was that Ms Spratt had improved her mount along the inside of Ms Thornton and caught her unaware.

Ms Thornton advised the Committee that she admitted the breach but felt there were some mitigating factors involved in the breach. She stated that Ms Spratt had confirmed this during the Stewards' investigation.

Decision:

As Ms T Thornton admitted the breach we find the charge proved.

Submission For Penalty:

Mr Oatham produced Ms Thornton's record which showed 3 previous breaches under this Rule in the last 12 months. He noted the last breach occurred in February 2013. He said Ms Thornton had a relatively good record and he believed Ms Thornton made an error of judgement on this occasion. Mr Oatham assessed the level of carelessness as low end and submitted a penalty along those lines would be appropriate.

Ms Thornton advised that she had upcoming commitments at Counties on October 30, and that any period of suspension could commence after that.

In response to a question from the Committee, Ms Thornton advised that she had no intention of riding at Invercargill or Banks Peninsula in November.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Ms Thornton's admission of the breach, we assess the level of carelessness as low range and her good record in relation to this Rule. We note Ms Thornton was not the required distance clear when shifting in.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.

Penalty:

Accordingly, we impose a suspension on Ms Thornton which will commence after racing on October 30 and conclude after racing on November 6 (4 North Island days).

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