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Wellington RC 16 March 2019 - R 1 - Chair, Mrs N Moffatt

Created on 18 March 2019

Rules:
638(1)(d)
Committee:
NMoffatt (chair)
NMcCutcheon
Name(s):
Ms R Myers - Licensed Rider
Mr N Goodwin - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11503
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 1 (Thee Auld Floozie Premier), an Information was lodged by Mr John Oatham alleging a breach of Rule 638(1) (d) in that R Myers (SWEEPSTAKE) allowed her mount to shift inwards near the 1100m when not clear of STROLLING VAGABOND which clipped a heel dislodging rider S O’Malley.

At the outset of the hearing, Ms Myers confirmed to the Committee that she understood the charge and that she admitted the breach.

Mr Oatham had Mr Goodwin explain the incident using all available films.

Ms Myers (SWEEPSTAKE) started from barrier 3 and Mr O’Malley (STROLLING VAGABOND) barrier 4. Soon after the start Mr O’Malley eased back and moved across towards the running rail from where he improved up to the inside of SWEEPSTAKE. At this stage of the race, SWEEPSTAKE was racing one- off the running rail, approximately ¾ to 1 length clear of STROLLING VAGABOND. Ms Myers, when still only the same margin clear, commenced to shift inwards towards the running rail. Due to this shift, STROLLING VAGABOND clipped a heel of SWEEPSTAKE, blundered and dislodged rider, Mr S O’Malley.

Ms Myers told the Committee that there was movement all around her with Ms Hirini on her outside shifting to the one-off position. Ms Myers said she followed Ms Hirini across, believing she was clear to do so. Ms Myers admitted she was not clear of Mr O’Malley but said he had put himself in a terrible spot. She concluded by saying her shift was not intentional.

Decision:

As Ms Myers admitted the breach the charge was deemed proved.

Submission For Penalty:

Mr Oatham presented Ms Myers' riding record over the last 12 months:

28/4/18 Hastings 5 days
20/6/18 Riccarton 5 days
29/12/18 Stratford 6 days

Mr Oatham said that the breach today was midrange. A rider had been dislodged, and while the incident was not high end, a horse had been taken out of the race.

Ms Myers had no specific comments to make on penalty but advised the Committee that any suspension could start immediately, as she had no confirmed riding commitments.

Reasons For Penalty:

In considering penalty, the Committee adopted the starting point of 4 weeks for careless riding resulting in a fall as outlined by The Penalty Guide for Judicial Committees.

The evidence placed before the Committee was clear in showing that Ms Myers’ inward movement alone caused the incident. There were no contributory factors. Mr O’Malley was well established to the inside of LA SOEUR and was entitled to be in this position when Ms Myers shifted in when only ¾ length clear of STROLLING VAGABOND.

In response to a question from the Committee, the RIU advised both horse and rider were unharmed in the fall. We assessed the overall incident to be in the midrange. Ms Myers' inward movement was gradual, and she was unaware that Mr O’Malley had moved up into that position. He did not call out at any stage. The Committee did not consider there to be any aggravating factors requiring an uplift from the starting point.

Ms Myers readily admitted the breach, and for this, we give her a discount. We considered her record of three careless riding charges in the previous 12 months to be a neutral factor in setting penalty.

Penalty:

Accordingly, Ms Myers' license is suspended from the close of racing on Sunday, March 17th up to and including racing on Friday, April 12th 2019.

The Committee was aware, when setting penalty that this time frame includes two premier meetings.

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