Avondale JC – 8 December 2007 – Race 6

hearingid: 19ec95aa39fbddc1be740df3122cf1e5

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hearing_racingtype: thoroughbred-racing

startdate: 08/12/2007

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decisiondate: no date provided

hearing_title: Avondale JC - 8 December 2007 - Race 6

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Decision:

Mr G McKeon did not admit a breach of this rule in that he permitted his mount "Graphite Girl" to shift outwards in the straight near the 250 metres when not sufficiently clear of "Coral Bay" (J McDonald) who was forced into the line of ‘Squire’(T Thornton), who clipped a heel dislodging its rider

Mr G McKeon did not admit a breach of this rule in that he permitted his mount "Graphite Girl" to shift outwards in the straight near the 250 metres when not sufficiently clear of "Coral Bay" (J McDonald) who was forced into the line of ‘Squire’(T Thornton), who clipped a heel dislodging its rider.As it was a defended breach of Rule 871(1)(d) Mr McKeon was made aware of the summary of rights of a defendant on the information.

Mr Oatham stated that he wished to call three witnesses, the first being Stipendiary Steward M Williamson who demonstrated the incident on the head on side and rear videos of the outward movement of Graphite Girl from behind No Limits( R Norvall) into Coral Bay(J McDonald) dictating the line of Coral Bay out into the line of Squire( T Thornton) who clips the heels of Coral Bay who dislodges its rider. Mr McKeon asked M Williamson if there was always a gap between his mount Graphite Girl and Coral Bay and where did he push out. Mr Williamson replied that horses can be dictated to without contact being made. Mr Williamson was asked if at that stage was Coral Bay ( J McDonald) pressuring Squire ( T Thornton) and he replied that they made contact due to Mr McKeon dictating his line.

Mr Oatham called T Thornton rider of Squire who stated that she received severe pressure from the inside and as her mount was not going good enough she checked her mount. The pressure was caused by Coral Bay ( J McDonald). Mr McKeon asked T Thornton if she believed that his mount had pushed Coral Bay into her line. She replied that initially it was Coral Bay that checked her by riding into her. As she checked back her mount clipped a heel and dislodged her. She stated that the initial check viewed from the rear film creates doubt as to whether it was caused by Mr McKeons mount and that J McDonald made little effort to correct his mount.

Mr Oatham called apprentice J McDonald, the rider of Coral Bay, who was with his employer Mr B McDonald who stated that he had pressure from the inside and was unable to straighten his mount who made contact with Squire ( T Thornton). Mr J McDonald stated that initially he received a bump from the inside but was unable to demonstrate it on the video.

Mr McKeon stated that although the back-on was not a true back-on it shows that that he had only gone where he was permitted. The initial abrupt move by J McDonald on Coral Bay created the opportunity to move out.

Mr Oatham maintained that there was never a run available and this caused a 2-3 horses width shift and that if this had not occurred the fall would not have occurred.

Mr G McKeon said that he had moved out when room was provided but that the bump caused by Coral Bay created the fall.

DECISION AND PENALTY

Mr G McKeon did not admit a breach of this rule in that he permitted his mount "Graphite Girl" to shift outwards in the straight near the 250 metres when not sufficiently clear of "Coral Bay" (J McDonald) who was forced into the line of ‘Squire’(T Thornton) who clipped a heel dislodging its rider.

After viewing the videos and hearing the evidence we have decided that the initial gap was created by the outward movement of Coral Bay (J McDonald) who made the initial contact and check to Squire ( T Thornton). This gap was taken by Graphite Girl(G McKeon). We have to decide if the gap was sufficient to move through. It was marginal and in angling out exacerbated the action of Coral Bay (J McDonald) and this created the eventual fall of T Thornton who had already checked out and then clipped heels of Coral Bay. We have to decide if the charge is proven, it is but there are mitigating circumstances initially created by the outward movement of Coral Bay( J McDonald) who caused the initial check out by Squire( T Thornton)

Mr Oatham submitted previous breaches of this rule in the last six months and agreed that there were mitigating circumstances as outlined in the panels decision. As there was a fall, a suspension is warranted and it is current NZTR policy that a 3-week suspension at least should occur in these incidents.

Mr McKeon stated that he had a firm engagement on Saturday the 15^th December and as it was in the 7-day period the panel had a discretion and could this be considered. He made no further submissions.

The panel took these submissions into consideration, the mitigating circumstances agreed with by the stipendiary steward Mr J P Oatham and that the initial check to Squire was caused solely by Coral Bay( J McDonald) and that the gap taken by Graphite Girl ( Mr G McKeon) created the final incident of the fall. We have suspended Mr McKeon from riding from the conclusion of racing on Saturday 15^th December until the conclusion of racing on Saturday 22^nd December. This for Mr McKeon was effectively a 4-day suspension. With reference to the 3-week policy recommendation we are unaware of this statement and in this situation did not take that into consideration.

J Southworth                                                A Dooley

Chairman                                                      Panellist

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hearing_type: Old Hearing

Rules: 871.1.d

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raceid: a74b7a0aeaba024dcbeb3762877bdfe4

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race_title: Race 6

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meetid: 1647c0b8a74daa30b6ad05dc80d1d170

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meetdate: 08/12/2007

meet_title: Avondale JC - 8 December 2007

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name: Avondale JC