Wanganui JC - 16 October 2010 - R 8

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr R Neal, Stipendiary Steward

Defendant:  Mr K Smith, Licensed Jockey

Information No:  5260

Meeting:  Wanganui Jockey Club

Date:  16 October 2010

Venue:  Wanganui

Race:  8

Rule No:  638 (1) (d)

Judicial Committee:  Nicki Moffatt, Chair – Paul Williams, Committee Member 

Plea:  Admitted

CHARGES

Following the running of race 8, information 5260 was filed by Stipendiary Steward Mr R Neal under rule 638 (1) (d).  The information stated that “K Smith angled his mount out near the 250m causing a check to “Yelracm” (P Taylor) when not clear.”

Rule 638(1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”

Mr Smith indicated the breach of the rule was admitted and also that he understood the charge and the rule it was laid under.  As the breach of the rule was admitted the charge was found to be proven.

FACTS

Mr Neal used the head-on, side-on and rear views of the film to demonstrate how the interference had occurred.  He pointed out Mr Smith, who was racing in the middle of the track near the 250m, and said that he angled his mount outwards when not the required distance in front of Mr Taylor on “Yelracm”.  He pointed out Mr Taylor having to take hold of his horse and sit up because of the check he received from Mr Smith.

Mr Smith said that just prior to the point of the incident he had intended moving forward on the inside of “Sir Kaspaa” who was in front of him.  As he was about to move “Sir Kaspaa” moved in and he was therefore unable move forward as he had hoped.  He then decided to move out for a better run and misjudged the distance he was in front of Mr Taylor and caused him to check.

SUBMISSIONS ON PENALTY

Mr Neal said in his view the incident was at the mid point of the scale.  He said Mr Smith did occasionally ride in the North and had recently ridden in the South Island and had not been charged under this rule since mid February 2010 and had over 185 rides since.  He submitted that a penalty consistent with other recent penalties for similar cases of careless riding would be appropriate.

Mr Smith said in the event of him being suspended he would wish to seek a deferment of the penalty to enable him to ride at the Premier meeting at Trentham on 23 October 2010.   He confirmed he had recently ridden outside of the Central Districts and was always willing to ride anywhere at any time.

REASONS

The Committee has reviewed the films of the incident referred to and listened to all the submissions made.  It is clear Mr Smith has caused interference to Mr Taylor and “Yelracm” when he moved outwards at the 250m mark when not the required distance clear of that horse and we believe the interference is at the mid-point of the scale.  We have also taken account of Mr Smith’s admittance of the breach and his very good riding record given he has not been charged under this rule since 13 February 2010.

DECISION

The Committee has decided that a suspension is appropriate in this case and, noting his request for a deferment to allow him to ride at Trentham on 23 October 2010, Mr Smith is suspended from the close racing on Saturday 23 October 2010 to the close of racing on Thursday 28 October 2010 – in effect 4 riding days being Canterbury (24 October), Woodville (25 October), Counties (27 October) and Otaki (28 October).