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Otago RC 29 April 2021 - R 6 - Chair, Prof G hall

Created on 30 April 2021

Rules:
638(1)(d)
Committee:
GHall (chair)
Name(s):
Mr J Lowry - Licensed Jockey
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A11791
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Mr Davidson alleged that in Race 6 Mr Lowry permitted his mount, SWAMPMAN to shift inwards when not sufficiently clear of ALTAR GIRL which was checked near the 900 metres, going back on to ON THE BACKFOOT which was also hampered.

Mr Oatham demonstrated on the films that Mr Lowry, who was racing midfield just before the apex of the bend with Mr Callaway, ALTAR GIRL, to his inside, shifted inwards and into Mr Callaway’s running line. Mr Callaway had to check his mount and Mr Kwo, ON THE BACKFOOT, who was racing behind Mr Callaway, also had to take hold.

Mr Lowry stated that Ms Wynne who was racing to his outside had shifted in slightly. It was enough to put him on heels. He had shifted in and he now realised he should have shifted out. He had made the wrong decision. He added there had been a bit of yelling for room as things were quite tight. He added his horse had shifted in more quickly than he had expected but he recognised his move was too sharp.

Decision:

As Mr Lowry has admitted the breach, it is found to be proved.

Submission For Penalty:

Mr Davidson produced the Respondent’s record, which he described as very good with only one breach of this Rule in the past 6 months. He described the breach as being mid-range and stated that the starting point should be a 5-day suspension and a $500 fine.

Mr Lowry stated he believed the breach was between mid and low range. He said he had a good record and had not had a breach of careless riding Rule for 18 months prior to the November breach.

Reasons For Penalty:

The breach is mid-range. Mr Lowry has shifted inwards and crowded Mr Callaway, and Mr Kwo has had to take hold as well. The obligation on Mr Lowry is to be his length and another clear before shifting ground. He was not.

A starting point of 5 days is appropriate. Mr Lowry’s record is very good. Mr Davidson states that Mr Lowry has had 156 rides since his November breach.

Penalty:

Mr Lowry has sought a deferment until after racing at Riccarton next Saturday and the Informant has no objection to this. Mr Lowry’s licence is suspended for 5 days. This is from the end of racing on 8 May up to and including 15 May 2021. To give effect to the mitigating factors of record and admission of the breach, the fine is reduced from a $500 starting point to $250.

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