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Waikato RC 9 February 2013 - R 7

Created on 12 February 2013

Rules:
638(1)(d)
Committee:
RSeabrook (chair)
ADooley
Name(s):
Miss K Myers Rider of BETTER TOGETHER
Mr M Williamson Stipendiary Steward
Informant
Mr J Oatham
Stipendiary Steward
Information Number
4252
Plea:
Denied
Charge:

Careless Riding.

Evidence:

Following race 7 an information was filed pursuant to rule 638(1)(d).  Mr J Oatham alleged that Miss K Myers permitted her mount BETTER TOGETHER to shift outwards when not sufficiently clear hampering LADY KIPLING which was forced out onto the hind quarters of SANGSTER near the 1200 metres. 

Submission For Decision:

Mr Williamson demonstrated the relevant video films pointing out BETTER TOGETHER racing adjacent to the running rail and just in behind the leader HISTORIAN.  He stated that approaching the 1200 metres Miss Myers elected to move out and off the heels of HISTORIAN.  He went on to say Miss Myers was only 3/4 length clear of LADY KIPLING when moving out which resulted in her being forced out making contact with the hind quarters of SANGSTER which was improving quickly on the outside.  Mr Williamson submitted this contact forced SANGSTER to move in abruptly and although SANGSTER had moved in slightly prior to this he said the interference would not have occurred if Miss Myers had not moved out.  He concluded by saying that Miss Myers had moved out approximately 1 horse width which caused LADY KIPLING to lose her rightful line of running leading to the interference.

Mr M Cameron, rider of LADY KIPLING, was then called saying he did receive interference when BETTER TOGETHER moved out into his line.  He stated Miss Myers was approximately 3/4 length ahead of him when moving out and he had to check fractionally as a result.  Mr Cameron said it was a reasonably sudden movement caused by Miss Myers trying to get off the rail.  He added there was no movement by SANGSTER which contributed to the interference he received.

Miss Myers had no questions of Mr Cameron.

Mr Bosson, rider of SANGSTER, was also called stating that he was improving quickly on the outside when his mount's hind quarters were touched by LADY KIPLING.  He said this turned his horse in slightly.

Miss Myers had no questions of Mr Bosson.

Miss Myers, while not denying she had moved out approximately 1 horse width she believed she was not solely to blame for the check to LADY KIPLING.  She said this was because Mr Bosson had angled his mount in prior to her own outward movement.  Miss Myers concluded by saying if Mr Bosson had not moved in LADY KIPLING would not have received a check which in any event she submitted was a slight one.

Mr Oatham in summing up said it was obvious by Miss Myers' actions she did not want to stay on the fence.  He said Mr Cameron was entitled to be where he was and all the movement had come from his inside, namely Miss Myers moving out when only 3/4 of a length clear.  Mr Oatham submitted that any inward movement from SANGSTER prior to the interference was minimal.  However he added that when LADY KIPLING made contact with SANGSTER'S hind quarters it caused him to put off balance and move in abruptly.  He concluded by saying this only occured after Miss Myers had moved out.

Reasons For Decision:

The committee carefully considered all evidence and submissions.  We are satisfied that Miss Myers was not the required distance clear of LADY KIPLING when moving out, this distance being 3/4 length.  This movement caused LADY KIPLING to lose her rightful line of running.  The committee considered Miss Myers' submission that SANGSTER had moved in prior to LADY KIPLING being checked but we are satisfied this only occurred after Miss Myers' outward movement.  Any inward movement by SANGSTER prior to this was minimal.  This appraisal of the incident was supported by the 2 witnesses called.

Decision:

Accordingly for the reasons above we find the charge proved.

Submission For Penalty:

Mr Oatham produced Miss Myers' record which showed 2 suspensions in the last 12 months conceding it was a good one.  He said although there was some intent by Miss Myers to move out he believed the breach was in the low to mid range.  Mr Oatham reminded the committee this was in a Group 1 race and suggested a 5 to 6 day suspension would be appropriate.

Miss Myers said she did not have any commitments after racing on 10 February and she rode throughout the country.  Before retiring to consider an appropriate penalty the committee questioned Miss Myers at some length as to where she intended to ride in the near future.  Clearly she had not ridden at Invercargill in the last 3 months and she conceded she did not have any commitments there on 18 February.  Therefore this meeting was not taken into account as was the Waipa meeting on 11 February as declarations had closed.

Reasons For Penalty:

The committee considered all penalty submissions.  The mitigating factor in this breach was Miss Myers' very good record.  We find the check to LADY KIPLING was not of a severe nature but an aggravating factor was that it occurred in a Group 1 race for $200,000.  The committee independently assessed the breach to be at the lower end of carelessness.

Penalty:

Accordingly after taking all the above into account we impose a suspension of Miss Myers' riding license which is to start after racing on 11 February and conclude after racing on 20 February 2013 (5 days).

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