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Hawkes Bay RI 1 May 2021 - R 5 - Chair, Mrs N Moffatt

Created on 03 May 2021

Rules:
638(4)
Committee:
NMoffatt (chair)
TCastles
Name(s):
Ms L Hemi - Class A Rider
Mr N Goodwin - Stipendiary Steward
Informant
Mr M Willamson-Stipendiary Steward
Information Number
A14555
Plea:
Admitted
Charge:
Slowing the Pace
Evidence:

Following the running of Race 5, an Information was lodged by Mr Williamson alleging a breach of Rule 638 (4) in that L Hemi (ANDUIN) unreasonably reduced the pace of the race near the 900 metres hampering runners following.

Rule 638(4) reads:

A Rider shall not unreasonably slow, reduce or check the speed of his or her horse to a degree that interferes, either directly or indirectly, with any other horse in the race. [Amended 1 August 2017)

Mr Williamson had Mr Goodwin demonstrate the incident by way of the video footage. He identified Ms Hemi take the lead on ANDUIN. At this point she had a look behind her and took a hold of her mount thereby slowing the pace. The easing of pace affected horses in behind, namely SUPERDONNA (W Pinn) and NO ROCK NO POP (A Mudhoo), who both had to check losing ground.

Ms Hemi admitted easing the pace but said she did so because her horse was lugging slightly, and she was attempting to get around the corner. Mr Goodwin accepted that might have been the case but said Ms Hemi overdid it.

Decision:

As Ms Hemi admitted the breach, it was deemed to be proved.

Submission For Penalty:

Mr Williamson said Ms Hemi has never been charged with a breach of this Rule before. He explained that slowing the pace used to be covered by the Careless Riding Rule but had been amended in 2017 to a stand-alone Rule. He further suggested that the Committee might consider viewing today's breach alongside the recently amended penalties for careless riding which had been reduced by NZTR last year.

Ms Hemi said that although she admitted to slowing the pace the incident was made worse due to inexperienced Apprentice Riders being involved and the fact that NO ROCK NO POP is a horse who is known to race fiercely anyway.

Reasons For Penalty:

The Committee considered all submissions. Unofficial records indicate only 3 previous breaches of this Rule which occurred in 2017/18. The penalties imposed for those breaches were suspensions of 7, 8, and 9 days respectively. This correlates with the starting point provided by the Penalty Guide for Judicial Committees of a 6-8 day suspension.

Mr Williamson made a valid point. Penalties for careless riding have over the last year been reduced. This is in part due to Covid but also to address the shortage of Riders available nationally. It makes sense to this Committee to apply the same logic to a breach of Rule 638(4) which is very similar to a careless riding charge. The effect of Ms Hemi slowing the pace today was moderate interference to 2 runners in behind her.

We took into account her clear record and admission of the breach, but do not accept that inexperienced Riders should be a reason for mitigation. The Committee suggested to Ms Hemi that Senior Riders should be more mindful, when riding amongst Apprentices to allow more room and time. Balancing up all factors it was our opinion a 3-day suspension was an appropriate penalty.

Penalty:

Accordingly, Ms Hemi’s license is suspended from the close of racing on May 8th up to and including racing on May 13th.

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