Banks Peninsula RC - 24 September 2010 - R 9
638(1)(d)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr M. Davidson - Stipendiary Steward
Defendant: Mr K. C. Walters – Apprentice Jockey
Information No: 239
Meeting: Banks Peninsula Racing Club
Date: 24 September 2010
Venue: Motukarara Raceway
Race 9: BPRC 3rd April 2011 Maiden
Rule: 638(1)(d)
Judicial Committee: J. M. Phelan, Chairman - K. G. Hales, Committee Member
Plea: Admitted
Also Present: Miss J. Thomson
Charge:
Following the running of Race 9, the BPRC 3rd April 2011 Maiden, an Information was filed by Stipendiary Steward Mr M. Davidson against Apprentice Jockey Mr K. C. Walters under Rule 638(1)(d) alleging careless riding. Mr Walters was assisted at the hearing by Miss J. Thomson.
The information reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 638(1)(d) in that K. Walters rider of Our Nite Flight permitted his mount to shift inwards when not clear causing Wellsey (A. Mundy) to be checked. This happened at the 300mt mark.”
Rule 638(1)(d) reads as follows.
“(1) A rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(a) …..
(b) …..
(c) …..
(d) careless…”
Mr Walters had indicated on the Information that this breach of the Rules was admitted. He also agreed that he understood the charge and the Rule it was brought under.
Facts:
Stipendiary Steward Mr McLaughlin gave evidence and used video coverage to show that at about the 300 metre mark “Our Night Flight” was allowed to shift inwards causing a check to “Wellsey” ridden by Miss A. Mundy.
Mr Walters accepted the facts as presented by the Stipendiary Stewards.
Decision:
As this breach was admitted it was deemed to be proved in accordance with Rule 915(1)(d).
Submissions on Penalty:
In relation to penalty Mr Davidson advised that Mr Walters had once previously breached this Rule in July this year when he received a three day suspension, but that his riding record was relatively good. It was also established that Mr Walters rode only in the South Island, and that he did not want to delay the start of any suspension that might be imposed.
Mr Davidson assessed this breach as being “mid-range” and submitted that a suspension of three South Island days would be appropriate.
Mr Walters said that he thought the submissions on penalty made by Mr Davidson were fair, and had no other submissions to make.
We adjourned to consider the matter of penalty.
Reasons and Penalty:
To Mr Walters credit we took into account his admission of the breach, and also that the breach was mid-range. On the other hand we also needed to take into account Mr Walters’ previous breach of this Rule.
Taking into account all the above matters we decided that a suspension for three South Island riding days was an appropriate penalty in this case.
On resuming the hearing we advised the parties that Mr Walters’ Apprentice Jockey’s Licence was suspended from after the completion of racing today, the 24 September 2010, until after the completion of racing on 10 October 2010, this being a three day suspension.
The specific days of this suspension are 2 October at CJC, 3 October at Southland, and 10 October 2010 at Gore.
