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Cambridge JC 28 April 2018 - R 7 - Chair, Mr A Dooley

Created on 30 April 2018

Rules:
638(1)(d)
Committee:
ADooley (chair)
GJones
Name(s):
Mr J Nason - Apprentice Rider of MERLINI
Mr N Harris - Apprentice Jockey Mentor assisiting Mr Nason
Mr M Williamson - Senior Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A10062
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 7, Inglis Sales Cambridge Breeders Stakes (Group 3), an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Nason allowed his mount MERLINI to shift in near the 1100 metres when not sufficiently clear of PROM QUEEN which was crowded and forced inwards onto ASTOR which was checked.

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

Mr Nason acknowledged that he understood the Rule and confirmed that he admitted the breach. Mr Harris assisted Mr Nason at the hearing.

Mr Williamson demonstrated the incident using the available video footage. He identified that MERLINI began awkwardly from the outside barrier and shortly after the start Mr Nason allowed his mount to shift in when not sufficiently clear. He said this resulted in PROM QUEEN being crowded and forced into the running line of ASTOR which was checked. He added that Mr Nason should have straightened his mount rather than riding forward.

Mr Nason identified on the video film that MERLINI began awkwardly and he attempted to straighten his mount before pushing forward. He accepted that he was not the required distance clear of PROM QUEEN when shifting in. He said that his riding instructions were to lead and his mount was very green and had a tendency to over react when restrained.

Mr Harris said that Mr Nason was unfortunate as he tried to correct his mount but the horse is “quirky” and prone to over react when restrained.

Decision:

As Mr Nason admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Oatham produced Mr Nason’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being 17 February which incurred a 6 day suspension. He said the racing manners of MERLINI did not assist Mr Nason but he should have made more of an effort to prevent the interference occurring. He described the level of carelessness as low to mid-range and submitted the aggravating factors were the breach occurred in a Group 3 race worth $70,000.

Mr Nason advised that he had firm engagements on 5 May and therefore sought a 7 day deferment to fulfil those engagements.

Mr Harris had nothing to add.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

In our assessment the films showed that 100 metres after the start Mr Nason allowed his mount to shift in 1 horse width when not the required distance clear. This shift was low level carelessness but the consequential effects were mid - range because PROM QUEEN was crowded for racing room and forced into the rightful running line of ASTOR which was checked losing ground. The Committee accepts that MERLINI is not the most tractable horse but Mr Nason was aware of this fact, being MERLINI’S regular rider. We deemed the totality of carelessness to be in the low to mid-range and adopted 7 days as the starting point.

The Committee had regard for Rule 920 (2) which provides that:

On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;

The aggravating factors were the incident occurred in a Group 3 race with $70,000 stakes payable. For these combined factors a 2 day uplift in penalty was applied.

The mitigating factor was Mr Nason’s admission of the breach for which we afforded him a 1 day reduction in penalty.

The Committee deemed Mr Nason’s careless riding record to be average and a neutral factor. However, we expressed our concern that Mr Nason had incurred 2 excessive whip breaches in the last week as well as this charge. Mr Nason stated that he has had a bad week.

After taking into account all the above factors the Committee considered that an appropriate suspension was 8 national riding days.

Penalty:

The Committee grants a deferment to Mr Nason’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Nason had his license to ride in races suspended for a period to commence after racing on 5 May and conclude after racing on 17 May 2018.

 

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