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Waverley RC 3 October 2019 - R 1 - Chair, Mr N McCutcheon

Created on 04 October 2019

Rules:
638(1)(d)
Committee:
NMcCutcheon (chair)
TUtikere
Name(s):
Mr J Waddell - Rider of BRUNO KELLY
Ms R Myers - Rider of CAPITAL GAINS - Witness for RIU
Mr S Weatherley - Rider of BELINDABELLA - Witness for Respondent
Mr M Singh - Rider of FRIDAY - Witness for Respondent
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A11654
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of Race 1 (Palamountain Dairy AD&E Nutrition) Information No.A11654 was filed with the Judicial Committee. It was alleged that Mr Waddell allowed his mount BRUNO KELLY to shift in shortly after the start when not clear of CAPITAL GAINS (R Myers) which clipped a heel and blundered.

Mr Waddell said that he understood the Rule and confirmed that he did not admit the breach.

Submission For Decision:

All available films were viewed at length without comment. Ms Myers was called as a witness for the prosecution. She said that she got tightened and clipped a heel of Mr Waddell’s mount. She said that he (Mr Waddell) crossed when only one length clear.

Mr Waddell put it to Ms Myers that she did blunder badly and was there any movement from her inside? Ms Myers responded by saying that she could not tell if Mr Weatherley shifted.

Mr Waddell called Mr Singh as a witness. Mr Waddell said to Mr Singh that he only got the ride on FRIDAY 10 minutes before the race and that it was quite green. Mr Singh said yes. Mr Waddell then put it to Mr Singh that his horse shied away from Mr Hannam’s mount and moved out half a horse. Mr Singh said yes.

Mr Goodwin said to Mr Singh that the films showed that he was not going out onto Mr Weatherley. Mr Singh agreed.
Mr Waddell then called Mr Weatherley as a witness. Mr Waddell put it to Mr Weatherley that Mr Singh shifted away from Mr Hannam’s mount and was that how he saw it? Mr Weatherley responded by saying that he was struggling to be there and that Mr Singh came out. He said that he maintained that line instead of following the bend around.

Mr Goodwin put it to Mr Weatherley that he did appear to be going in a straight manner and that his horse’s head turned out after the incident. Mr Weatherley responded by saying that it happened so quickly, and that he was not near Singh at that stage. He added that it is not a nice corner at the best of times and that he went straight.

Mr Waddell for his part said that it was unfortunate for Ms Myers and that it was remarkable that she had stayed on. He said that there was insufficient evidence to suspend his licence. He said that there was no contact, and that you cannot say how much movement, as there are no lines (on the track). He added that he would be hard done by if suspended due to insufficient films.

Summation
Mr Goodwin said that the film footage was not 100%. He said that on this occasion there was sufficient evidence. He said that Ms Myers clipped Mr Waddell’s mount’s heel. He added that Mr Weatherley did not shift out until after the heel was clipped, which was clearly evident on the film.

Mr Waddell said that the evidence of Mr Singh was that his horse shied away, that Mr Weatherley’s horse shifted out, and that the films do not show it clear enough to see who was at fault.

Reasons For Decision:

The Committee gave due consideration to the evidence from all parties and reviewed the films extensively. The Committee found that Mr Singh and his mount had no contributing factor to the incident. Ms Myers clearly clipped a heel of Mr Waddell’s mount.

Mr Waddell had submitted that that was due to the outwards movement of Mr Weatherley and his horse. The film evidence does not support that assertion.

On reviewing the films the Committee found that soon after the start being made Mr Waddell shifted in onto Ms Myers line of running, which resulted in her horse running out of sufficient racing room, and as a consequence clipped a heel of Mr Waddell’s mount and blundered. When shifting into the line of Ms Myers' mount Mr Waddell and his horse were no more than one length clear.

Decision:

The charge of careless riding against Mr Waddell was proved.

Submission For Penalty:

Mr Goodwin produced Mr Waddell’s record which showed the following suspensions incurred in the last 12 months:

2.03.19 - 12 days & 16 Days Suspension in same Race (Derby)
23.03.19 - 5 days Suspension
14.11.18 - 6 days Suspension
26.10.18 - 8 days Suspension
15.10.18 - 7 days Suspension

Mr Goodwin added that Mr Waddell had only been back riding for 4 race days following a long break, and was still getting his eye in. He said that it was fortunate for Ms Myers that she had only clipped a heel and blundered.

Mr Waddell did not make any comment on penalty when invited to do so by the Committee.

He did advise that he had commitments up to 6 October.

Reasons For Penalty:

The Committee placed the carelessness exhibited by Mr Waddell to be in the mid-range category. His record on this occasion was not considered to be an aggravating factor due to his lengthy break away from race riding. The penalty starting point for mid-range carelessness is a suspension of 8 riding days. The Committee determined that that term of suspension was appropriate.

Penalty:

Mr Waddell’s Jockey’s Licence was suspended from the end of racing on 6 October, up to the conclusion of racing on 18 October 2019.

 

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