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Auckland RC 29 May 2021 – R 7 – Chair, Mr G Jones

Created on 30 May 2021

Rules:
638(1)(d)
Committee:
GJones (chair)
ASmith
Name(s):
Mr V Colgan - Rider of PACKING NOBLESSE
Miss V Algar - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A14356
Plea:
Admitted
Charge:
Careless riding
Evidence:

This charge arises from the running of Race 7, the Network Visuals 1200. Senior Stipendiary Steward, Mr Williamson filed an Information pursuant to Rule 638(1)(d) alleging the Rider of PACKING NOBLESSE (Mr V Colgan) allowed his mount to shift in when not clear of MEGEVE who was checked losing ground near the 1100 metres.

Mr Colgan acknowledged he understood the Rule and confirmed his admission of the breach.

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

Using the available race films Mr Williamson demonstrated the incident and identified the horses and Riders concerned; namely PACKING NOBLESSE (V Colgan), MEGEVE (A Goindasamy) and ALICE TINKER (D Danis).
Mr Williamson told the Committee that after jumping from the 1200-metre start, from a draw of (4) Mr Colgan shifted his mount inwards nearing the 1100 metres. He said at this point MEGEVE was on his inner (barrier 3) and ALICE TINKER (barrier 1) was racing on the inside of that runner. He said that Mr Colgan continued to shift in when no more than 1-length clear and consequently MEGEVE was crowded and checked on to ALICE TINKER.

Mr Williamson said that Mr Colgan took immediate corrective action by turning his mounts head out. He added that in mitigation Mr Colgan would not have been aware that ALICE TINKER had taken up a position on the inside of MEGEVE. He concluded by describing the breach as simply an error of judgement by Mr Colgan.

In response, Mr Colgan stated that he agreed with the Stewards' 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:

Miss Algar produced Mr Colgan’s riding record which indicated 3 previous breaches under the Careless Riding Rule in the last 12 months. These occurred on 26 December 2020 (4-day suspension and $600 fine), 16 January 2021 G 1 race (8-day suspension and $1,000 fine) and 7 March 2021 (4-day suspension and $300 fine).
Miss Algar submitted that Mr Colgan’s record ought to be treated as a neutral factor and Stewards assessed his level of carelessness to be in the low range.

Mr Colgan sought a deferment to any proposed suspension until after racing on 5 June 2021. In relation to penalty, he offered no submissions.

Reasons For Penalty:

After considering the submissions and reviewing the Race film, the Committee determined Mr Colgan’s carelessness to be in the low to mid-range and adopted a 4-day (suspension) and $250 (fine) as the starting point. This conforms with the NZTR Directive of 9 December 2020.

The available films clearly established that Mr Colgan allowed his mount to shift in when no more than 1 length clear of MEGEVE. It was noted that three horses were affected by the incident with MEGEVE being the most affected. The Riders of the three horses had to take hold of and steady their mounts but ultimately they did not lose their positions in the running.

Mr Colgan’s riding record was assessed as being a neutral factor, but he was reminded that this breach is his fourth in six months during which time he has had 264 mounts.

After considering the above factors the Committee deemed that an appropriate suspension was 4 (national) days and $350 fine. Because the breach was assessed low to mid range the fine represents a $100 uplift from the $250 starting point (given that 3 horses were affected to varying degrees by the incident). Also, he was not afforded any further penalty reduction for his record or admission.

Penalty:

The Committee granted Mr Colgan a deferment to his suspension pursuant to Rule 1106(2).

Accordingly, his Licence to ride in races is suspended for a period of 4 days commencing after racing on 5 June 2021 and concluding after racing on 10 June 2021. In addition, we impose a $350 fine.

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