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Cambridge JC 1 May 2021 – R 7 – Chair, Mr G Jones

Created on 02 May 2021

Rules:
638(1)(d)
Committee:
GJones (chair)
ASmith
Name(s):
Mr S McKay - Rider of BAD 'N' BOUJ
Mr A Coles - Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A14032
Plea:
Admitted
Charge:
Careless riding
Evidence:

This charge arises from the running of Race 7, the Travis Stakes ($100,000 Group 2). Stipendiary Steward, Mr B Jones filed an Information pursuant to Rule 638(1)(d) alleging the rider of BAD ‘N’ BOUJ (S McKay), "permitted his mount to shift in when not sufficiently clear of SIRACUSA which was checked near the 350 metres".

Mr McKay 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 Stipendiary Steward, Mr Coles demonstrated the incident and identified the horses and riders concerned; namely BAD ‘N’ BOUJ (S McKay) and SIRACUAS (O Bosson).

He told the Committee that approaching the 350-metre mark there was a run for SIRACUSA to improve into. However, at the time that Mr Bosson was about present his mount into a gap, Mr McKay turned his horses head inwards and took the run that Mr Bosson was entitled to. He said that BAD ‘N’ BOUJ was never clear of SIRACUSA who as a result had to be checked. Mr Coles added that Mr McKay may not have been aware that Mr Bosson was about to take the run which was available to him and the breach was the result of an error of judgement by Mr McKay.

In response, Mr McKay stated that he thought there was 2-horse widths available to him when he shifted. He said that Mr Bosson called out to him and at the same time the gap closed slightly because the horse directly in front of him (PLATINUM RAPPER) rolled in. Mr McKay nevertheless acknowledged that he made a wrong decision and immediately took action to relieve the pressure, but it was too late.

Decision:

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

Submission For Penalty:

Mr Jones produced Mr McKay’s riding record which indicated 1 previous breach in the last 12 months. He said Mr McKay has had 430 raceday rides during the 12-month period, which, therefore is indicative of a rider having a particularly good record.

Mr Jones said Stewards assessed the level of carelessness to be in the low to mid-range. He identified the fact that the breach occurred in a Group Race with a stake of $100,000. He submitted that any proposed suspension should be commensurate with a low to mid-range penalty, but an appropriate uplift ought to be considered due to the Status of the Race. He suggested a suspension in the 6-to-7-day range.

Mr McKay did not seek a deferment to any proposed suspension. In his submission he said that he has a good riding record and in terms of the breach a mitigating factor is that PLATINUM RAPPER contributed.

Reasons For Penalty:

After considering the submissions and reviewing the Race film, the Committee determined Mr McKay’s carelessness to be low to mid-range and adopted a 4-day (suspension) and $250 (fine) as the starting point. This conforms with the Penalty Guide for low to mid-range carelessness.

The available films clearly established that Mr McKay allowed his mount to shift in when not clear of SIRACUSA who was checked. To a limited degree the films do support Mr McKay’s submission that PLATINUM RAPPER did roll in slightly, but the extent to which it contributed to the interference suffered by SIRACUSA is debatable.

Mr McKay riding record was assessed as very good. Although this is his second breach of the careless riding Rule this season, it is noteworthy that his previous breach of the Rule prior to that was in July 2018. On that basis for his admission of the breach and record we apply a 1-day reduction from the starting point.
Due to this breach having occurred in a Group 2 race with a stake of $100,00, in accordance with Rule 920 the Committee applied a 2-day (suspension) and $150 (fine) uplift.

After considering all the above factors the Committee deemed that an appropriate suspension was 5 (national) days and $400 fine.

Penalty:

Accordingly, Mr McKay’s Licence to ride in races is suspended for a period of 5 days commencing after racing on 1 May 2021 and concluding after racing on 12 May 2021. In addition, we impose a $400 fine.

The meeting at Phar Lap on 2 May 2021 is not included as rider declarations for that meeting have closed.

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