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Wairarapa RC 6 February 2017 - R 1 - Chair, Mr P Williams

Created on 07 February 2017

Rules:
638(1)(d)
Committee:
PWilliams (chair)
NMcCutcheon
Name(s):
Mr S O'Malley - Apprentice Jockey
Mr J Oatham - Chief Stipendiary Steward
Mr G Haigh - Licensed Trainer and employer of Mr O'Malley
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A7694
Plea:
Admitted
Charge:
Careless Riding
Evidence:
Following the running of race 1, the “Kuripuni Sports Bar 1000” Information A7694 was filed by Stipendiary Steward, Mr N Goodwin under Rule 638(1)(d). The Information stated “(S O’Malley) permitted his mount “Theatre” to shift inwards when not sufficiently clear of “Jessicova” which was checked near the 700m.
 
Mr O’Malley, who was assisted by his employer, Licensed Trainer Mr G Haigh, signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged.
 
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
 
Chief Stipendiary Steward, Mr Oatham, using the rear-on film from behind the start point, identified Mr O’Malley towards the rear of the small field shortly after the start. He said Ms Collett on “Jessicova” was to his inside and as he was riding forward Mr O’Malley shifted in onto Ms Collett who was placed in restricted room for several strides. He said Ms Collett had advised him prior to the hearing that as Mr O’Malley shifted in on her she called out and he immediately relieved the pressure. This was confirmed from the rear view film.
 
Mr Oatham then showed the side-on film of the incident and said the film showed that as Mr O’Malley shifted inwards Ms Collett was clearly tightened and lost ground when having to restrain “Jessicova”. To a question from the Committee Mr Oatham estimated that Mr O’Malley was, at best, ¾ of a length in front of Ms Collett when she was checked.
 
Mr O’Malley made no comment.
 
Mr Haigh, using only the rear view film, said it could be seen that Mr O’Malley took immediate corrective action when Ms Collett called out to him. He believed Mr Turner who was to the outside of and in front of Mr O’Malley had also contributed to the incident. He asked the Committee to note that Mr O’Malley was a “4kg claimer” and was on a green horse. He believed the incident was a minor one with the fact that the track slopes towards the rail at that point being another contributing factor.
 
To a question from the Committee Mr Haigh was asked to confirm if he was happy that Mr O’Malley had signed the Information admitting breach and he confirmed he was.
 
Mr Goodwin said there was very little movement from Mr Turner and it had played no part in causing the check to Ms Collett. He said Mr O’Malley had confirmed that to him when he initially spoke to him when the Information was being prepared. He said the film clearly showed that Ms Collett ran out of racing room and the cause of that was the inwards movement of Mr O’Malley who was not the required distance in front when he crossed her.
Decision:
As Mr O’Malley admitted the breach the charge is found proved.
Submission For Penalty:
Mr Goodwin said this was Mr O’Malley’s first breach of the careless riding Rule. He submitted the degree of severity was in the mid range given Ms Collett had lost between one and a half and two lengths in the incident and that a period of suspension was an appropriate penalty. He did not, however, specifically state what he thought was an appropriate period of suspension.
 
Mr O’Malley had no comments to make other than to advise he had had 22 previous rides in his short riding career which started in late July 2016.
 
Mr Haigh repeated his comments about Mr O’Malley being a “4kg claimer”, that the interference was minor and that Mr O’Malley had pulled off from Ms Collett as soon as she called out to him.
Reasons For Penalty:
The Committee has reviewed films of the incident and taken into account all the submissions made. The rear view of the incident is not that helpful, however, the side–on film very clearly shows that soon after the start Mr O’Malley shifted in towards Ms Collett and in doing so caused a significant check to her. The Committee believes the severity of the breach is in the mid range and agrees with Mr Goodwin that Ms Collett lost nearly 2 lengths in the incident. The Committee notes that Mr O’Malley did straighten his mount as soon as Ms Collett called out to him but by then the damage had been done. The Committee does not believe Mr Turner was responsible in any way for the check received by Ms Collett.
 
The Committee has taken into account Mr O’Malley’s admittance of the breach and that he is an inexperienced Apprentice. The Committee also notes that Mr O’Malley only rides in the Central Districts.
 
The JCA’s Penalty Guidelines state the starting point for a breach of the careless riding rule is 5 riding days. From that start point we reduce the penalty by one day in recognition of Mr O’Malley’s clear record and admittance of the breach. After some consideration of the severity of the breach on this occasion we have decided not to add an additional day. Mr O’Malley will therefore be suspended for 4 riding days.
 
Mr O’Malley confirmed he wished his suspension to commence after racing on Saturday 11 February 2017 and this was approved in terms of Rule 1106(2).
Penalty:
Mr O’Malley is suspended for 4 riding days from the close of racing on Saturday 11 February 2017 to the close of racing on Thursday 23 February 2017 – the 4 days being Wanganui (17 February 2017), New Plymouth (18 February 2017), Gisborne (19 February 2017) and Wairoa (23 February 2017).
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