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Wanganui JC 13 May 2021 - R 9 - Chair, Mr B Mainwaring



638(1)(d)

JUDICIAL COMMITTEE RACEDAY DECISION
Informant: Mr M Williamson, Stipendiary Steward
Respondent: Mr R Elliot, Jockey (Class A)
Information No: A14559
Meeting: Wanganui Jockey Club
Date: 13 May 2021
Venue: Wanganui Racecourse
Race No: 6
Rule No: 638(1)(d)
Judicial Committee: Mr B Mainwaring, Chair – Mr N McCutcheon, Member
Plea: Admitted

Evidence
Following the running of Race 9 (Commdives NZ Celebrating 30 Years in Business Maiden), an Information was lodged by Mr Williamson alleging a breach of Rule 638(1)(d) in that R Elliot – BLACK FOREST allowed his mount to shift inwards near the 100 metres when not clear of RONIN POROTENE (J Fawcett).

Mr Elliot confirmed that he understood the breach and admitted the charge.
Video evidence was provided outlining the incident. At the 150 metre mark BLACK FOREST was finishing strongly toward the outside of the track. At this point the horse began to lay in and was straightened. It was contended Mr Elliot continued to ride with some vigour. At the 100 metre mark he allowed his mount to shift into the path of RONIN POROTENE thus forcing Ms Fawcett to momentarily take evasive action.

When asked to comment Mr Elliot noted that his mount had begun laying in from the half mile with this worsening as the horse began to tire. He had tried to keep the horses head ‘outwards’ in an attempt to prevent this. He also considered that Ms Fawcett may have overreacted to the situation.

Decision
As Mr Elliot admitted the breach, it was deemed to be proved.

Submissions for Penalty
Mr Williamson was asked to outline Mr Elliot’s riding record. Although unable to outline specific dates he did suggest that it had been nearly two years since Mr Elliot had been charged with careless riding. This assertion is supported by Committee held record.

Mr Williamson described that in his view the breach amounted to careless riding – low range.

Mr Elliot sought a deferment of suspension to satisfy existing riding engagements.

Penalty
It is the opinion of the Committee that the breach does reflect careless riding – low range. JCA Guidelines outline, as a starting point a 4 day suspension and $250 fine.

In determining penalty mitigating factors are Mr Elliot’s commendable riding record along with his admission of the breach. As such we consider a reduction in penalty is appropriate.

Therefore, Mr Elliot’s Jockey Licence is suspended for 3 National riding days commencing after the conclusion of racing on 23rd May 2021 up to and including 28th May 2021.

In addition to the foregoing Mr Elliot is fined a sum of $150.

 

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