Otaki-Maori RC - 15 August 2010 - R 2
638(1)(d)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N. Goodwin
Defendant: K. Myers
Information No: 5350
Meeting: Otaki Maori Racing Club
Date: 15 August 2010
Venue: Otaki
Race: 2
Rule No: 638 (1) (d)
Judicial Committee: N. Moffatt, Chairman - T. Utikere, Committee Member
Plea: Admitted
CHARGES:
An information was filed by Mr N. Goodwin alleging a breach of Rule 638 (1) (d) in that K. Myers permitted her mount to shift out rounding the final turn bumping with Thatz David which was severely unbalanced.
FACTS:
Mr Goodwin read Rule 638 (1) (d) with Ms Myers confirming that she understood the rule and the procedure to be followed.
It was accepted by all parties that the evidence presented during the protest hearing was sufficient and did not need repeating for this admitted breach of careless riding.
Casual, the mount of Ms Myers in race 2, was relegated from 3rd place to fourth place following an enquiry initiated by Mr Hannam.
SUBMISSIONS ON PENALTY:
Mr Goodwin said that Ms Myers was a leading rider particularly in the Central Districts area with a good record. Her two most recent careless riding charges were at Trentham on the 23/1/10 and 17/4/10 (4 day suspensions). He said that the Stewards did not mind competitive riding and that Ms Myers horse was travelling well at the time of the incident however there was only ever half a gap presented. They placed this breach at the lower end of careless however a relegation had occurred as a result and a suspension was sought.
Ms Myers had nothing further to add but did inform the committee that she had no confirmed rides within the next 7 days.
REASONS:
In coming to a decision on penalty the committee considered all of the evidence and submissions presented. The incident was well covered during the protest enquiry with the end result being the relegation of Ms Myers mount Casual. Despite the relegation we did not consider the degree of interference to be at the highest end of carelessness.
It was noted in the protest decision that Ms Myers was travelling well when she attempted to take a gap through beside Mr Hannam and it is understandable that she would be looking for a way through. Unfortunately however for Ms Myers that gap was not wide enough. We also considered Ms Myers very good riding record, her admission of the breach and her upcoming riding commitments.
PENALTY:
Ms Myers is suspended from riding from the close of racing today, the 15th August 2010 until the close of racing on Saturday 21st August – in effect 4 days.
