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Waikato RC 5 October 2012 - R 3

Created on 08 October 2012

Rules:
638(1)(d)
Committee:
ADooley (chair)
RSeabrook
Name(s):
Miss L Robertson - Apprentice Rider
Mr W Robinson - Stipendiary Steward
Informant
Mr J Oatham - Stipendiary Steward
Information Number
A4556
Plea:
Admitted
Charge:

Following race 3, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that Miss Robertson permitted her mount to shift inwards shortly after the start when insufficiently clear of FORBIDDEN (M Cameron) which was forced into the line of THENAMESBOND (J Whiteside) which clipped a heel and fell.

Mr Oatham read the rule and Miss Robertson acknowledged that she understood it.

In response to a question from the committee, Miss Robertson advised us that she did not require assistance at the hearing.

Evidence:

Mr Robinson demonstrated the incident by using all the available films. He pointed out to the committee that soon after the start Miss Robertson angled her mount in when not clear. In doing so, took the line of Mr Cameron's mount which was racing on her inside. This caused Mr Cameron to take hold of his mount and check which resulted in THENAMESBOND who was racing on his inside clipping a heel, dislodging Miss Whiteside.

Miss Robertson said the video films don't lie but did explain her inward movement was not deliberate. She told the committee that she did try and correct her mount but it was too late.

Decision:

As Miss Robertson admitted the breach we find the charge proved.

Submission For Penalty:

Mr Oatham produced Miss Robertson's record which showed no previous breaches under this rule in the last 12 months. He said the racing manners of Miss Robertson's mount were not the best as it had shifted out once the gates opened. He said there was slight mitigating factor in that Miss Robertson did try and correct her mount but it was too little too late. However, he said the fall does make the charge more serious and submitted a starting point of 1 month would be appropriate. He considered the breach to be at the high end of the scale.

Miss Robertson submitted that she had no commitments over the next 7 days and confirmed to the committee that she rode only in the North Island. She conceded the penalty would be high because a fall occurred as a result of the interference.

Reasons For Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Miss Robertson's admission of the breach and her very good record. However, this has to be balanced against the significant aggravating factor in that a fall occurred as a result of her shifting in when not clear. We were familiar with recent penalties imposed on apprentice riders where a fall had occurred noting both of them received a 14 day suspension. We assess the level of carelessness in the high range, however not as bad as the most recent breach. After taking into account the mitigating factors we believe an appropriate penalty is a suspension of 12 North Island race days.

Penalty:

Accordingly, we impose a suspension on Miss Robertson which will commence after racing on 6 October and conclude after racing on 31 October 2012 (12 days).

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