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Whangarei RC 3 October 2018 - R 5 - Chair, Mr A Dooley

Created on 04 October 2018

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Mr V Colgan - Licensed Rider
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A11060
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 5, Adam Trimmer Insurance, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Colgan permitted his mount BELOW ZERO to shift inwards when not sufficiently clear causing interference to MADURO, CHIEF SEQUOYAH and IKTOMI near the 1100 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Colgan said he understood the Rule and confirmed that he admitted the breach.

Mr Oatham demonstrated the incident using the available video footage. He identified that near the 1100 metres Mr Colgan permitted his mount BELOW ZERO to shift in when only a bare length clear of MADURO. As a result that runner shifted in and crowded CHIEF SEQUOYAH and IKTOMI. He said the interference was low range and the latter two horses reacted poorly when they were crowded for room.

Mr Colgan said that he accepted Mr Oatham’s interpretation of the incident and had nothing further to add.

Decision:

As Mr Colgan admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Williamson produced Mr Colgan’s record which showed 4 previous breaches under this Rule in the last 12 months, the most recent being 12 August which incurred a 5 day suspension. He described the level of carelessness as low range and a suspension in line with that would be appropriate.

Mr Colgan said that he had firm commitments up to and including 10 October and any proposed suspension could start after that date.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

It was clear of the video films that Mr Colgan permitted his mount to shift in one horse width when only one length clear of MADURO. As a consequence that runner shifted in and crowded CHIEF SEQUOYAH and IKTOMI. The Committee accepts that the latter two horses reacted poorly and raced ungenerously when crowded for room. The Committee deemed the level of carelessness was low range.

The JCA Penalty Guide starting point for low range carelessness is 6 days which was adopted.

The aggravating factor was Mr Colgan’s fair record which necessitated a 1 day uplift in penalty. Regard was had for the fact that a reset for one of the careless riding charges will happen on 18 October 2018.

The only mitigating factor was Mr Colgan’s admission of the breach for which a 1 day reduction was applied.

After taking into account all the above factors the Committee considered that an appropriate suspension was 6 national riding days.

Penalty:

The Committee grants a deferment to Mr Colgan’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 10 October and conclude after racing on 18 October 2018.

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