Hawke's Bay R 18 September 2010 - R 1
638(1)(d)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: C. George
Defendant: K. Myers
Information No: 5668
Meeting: Hawke's Bay Racing
Date: 18 September 2010
Venue: Hastings
Race: 1
Rule No: 638 (1) (d)
Judicial Committee: N. Moffatt, Chairman - I. Smith, Committee Member
Plea: Admitted
CHARGES:
Following Race 1 an information was filed by Mr C. George pursuant to Rule 638 (1) (d) alleging that near the 300 meters you permitted your mount Platinum Princess to shift in when not clear of Golden Destination (L. Allpress) which had to be checked severely.
Ms Myers acknowledged she understood the charge and confirmed to the committee that she admitted the breach.
FACTS:
As the incident had been well covered during the protest hearing Mr George did not revisit the films for this charge. He told the committee that the interference was quite serious and the consequences severe however Ms Myers had been held up for some distance behind the leaders and it was unfortunate that when she elected to moved inwards it was at the same time that Mrs Allpress committed to her run.
Ms Myers was forthright in admitting that she had ridden carelessly however she used the films to show why she took the action that she did. She said Platinum Princess was travelling really well and there was movement from the riders in front, in particular Mr Ormsby. Her only option was to angle inwards but unfortunately her horse over reacted and moved in more than intended.
SUBMISSIONS ON PENALTY:
Mr George said that Ms Myers had a good record when viewed with the large number of rides that she has. Recent careless riding charges were in April and August this year where she was suspended for four days on each charge. He said that the Stewards submission was for a suspension in the vicinity of five to six days. He also added that Ms Myers was a national rider accepting rides throughout the country on a regular basis.
Ms Myers had nothing further to add but did inform the committee that she had no confirmed rides within the next 7 days so any suspension could begin immediately.
REASONS:
In coming to a decision on penalty the committee considered all of the evidence and submissions presented. There was no doubt that the interference suffered by Golden Destination was severe. Ms Myers was desperate to find clear room and in doing so moved sharply inwards when not the required distance clear. The head-on film showed that, had she waited for a few more strides, the gap she had been anticipating would have eventually opened up.
As a result of Ms Myer’s careless riding a protest was lodged and it could be said that she was fortunate to keep third place.
It was the opinion of the committee that a suspension was an appropriate penalty, the duration of which must reflect the degree of carelessness shown by Ms Myers and the interference suffered by Golden Destination. The committee also took into account Ms Myers good riding record and her admission of the breach.
PENALTY:
With regard to Ms Myers upcoming riding commitments she is suspended from riding from the close of racing tomorrow, the 19 September 2010 until the close of racing on Wednesday 29 September – in effect 6 days.
