Wellington RC - 26 September 2010 - R 2

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N Goodwin, Stipendiary Steward

Defendant:  Mr B Smith, Licensed Jockey

Information No:  5253

Meeting:  Wellington Racing Club

Date:  26 September 2010

Venue:  Trentham

Race:  2

Rule No:  638 (1) (d)

Judicial Committee:  Paul Williams, Chairman – Tangi Utikere, Committee Member 

Plea:  Admitted

CHARGES

Following the running of race 2, information 5253 was filed by Stipendiary Steward Mr N Goodwin under rule 638 (1) (d).  The information stated that “B Smith, the rider of Zador allowed his mount to shift ground in the home straight hampering Anood Prospect (D Nolan)”.

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 Goodwin referred to the fact that the incident detailed in the information was one of two that had been shown to the Committee during an earlier protest hearing. He told the Committee that the first incident that had occurred after jumping the fence at the top of the straight was not the subject of this information as he felt that the inwards movement by Mr Smith may have been partly beyond his control and the stewards thought he should be given the benefit of the doubt as he did make an attempt to keep the horse on a straight line.

Mr Goodwin then went on to say that a little further on in the home straight Mr Smith was riding his horse (Zador) with vigour and did shift ground again – this time outwards.  He said it was the Stewards view that after the earlier incident Mr Smith should have been aware his horse was likely to shift ground in the heavy conditions (the track reading was a heavy 11).  He did force Mr Nolan (Anood Prospect) to change ground for a second time and his rightful line of running was taken.

He said that although the incident did result in a protest (which he said in the view of the Stewards was correctly dismissed) the incident was at the low end of the scale as Mr Nolan was hampered and not severely checked as had been earlier claimed by both Mr Nolan and Mr Foote the trainer of Anood Prospect.

Mr Smith said he was happy with Mr Goodwin’s interpretation of the incident and had no further comments to make.

SUBMISSIONS ON PENALTY

Mr Goodwin reiterated the incident was at the low end of the scale and submitted that a modest fine would be an appropriate penalty.  He said it was Mr Smith’s first charge under this rule and he reminded the Committee this was the last meeting for highweight and jumping riders in 2010 with it not being known when the highweight and jumping season would re-commence in 2011.

To a question from the Committee, Mr Smith said the riding fee for a jumping race was $163 gross.  He had no other comments to make on a penalty.

REASONS

The Committee has reviewed the films of the incident referred to and listened carefully to the submissions of all parties.  We agree that after jumping the second to last fence at approximately the 250m mark “Zador” did move out slightly hampering “Anood Prospect”.  We do not believe the actions of Mr Smith caused “Anood Prospect” to be severely checked as had been stated by both the horse’s rider and trainer at the earlier protest hearing.  However, given the earlier incident when Mr Smith did momentarily crowd Mr Nolan, we agree he should have been more aware of the possibility of his horse moving in or out a second time especially given the testing track conditions being encountered.  That said we believe the breach of the rule was at the lower end of careless. We have also taken into account this is Mr Smith’s first charge under this rule, his admittance of the breach and the fact there are no further highweight or jumping races in 2010 and that it is not known when the highweight and jumping season will re-commence in 2011.

DECISION

The Committee has decided that a fine is appropriate in this case and Mr Smith is fined $320, being the equivalent of 2 riding fees.