Tauherenikau RC – 6 February 2009 – Race 7

hearingid: 2c0f58403c9bdc868b25136eaa1f12fd

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hearing_racingtype: thoroughbred-racing

startdate: 06/02/2009

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decisiondate: no date provided

hearing_title: Tauherenikau RC - 6 February 2009 - Race 7

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Following the running of Race 7, The First Sovereign Trust Wairarapa Thoroughbred Breeders Stakes Mr. G. Swann was charged with a breach of Rule 871 (1) (e).

The information alleged that G.Swann rode incompetently in that he exercised poor judgment after being slow away then looping the field to lead then compounding over the concluding stages.

Following the running of Race 7, The First Sovereign Trust Wairarapa Thoroughbred Breeders Stakes Mr. G. Swann was charged with a breach of Rule 871 (1) (e).

The information alleged that G.Swann rode incompetently in that he exercised poor judgment after being slow away then looping the field to lead then compounding over the concluding stages.

Mr. Goodwin read Rule 871 (1) (e) which states:

“Every rider commits a breach of these rules who in the opinion of the Judicial Committee is guilty of riding which was (e) incompetent.”

Mr. Swann did not admit the breach.

Mr. Goodwin said that the Stewards were of the opinion that Mr. Swann failed to exercise the judgment expected of an experienced rider. After Tosta had missed the start by 8-10 lengths she raced keenly over the initial stages of the race to catch up with the tail of the field. Mr. Swan then elected to angle his mount outwards and between the 800 and 400 meters proceeded to urge Tosta three wide to loop the field finally ending up in the lead.   The horse was then headed at the top of the straight and finished next to last in the field of eleven.  Mr. Goodwin believed Mr. Swann’s riding had compromised the chances of Tosto finishing in a higher placing.

Mr. Neal (Stipendiary Steward) showed the film of the race.  Two views of the start showed Tosto losing between 8 and 10 lengths when the gates opened.  She then raced keenly up to the body of the field where Mr. Swann angled her out and rode with some vigour to loop the field eventually ending up two to three lengths in front.  As the film continued Mr. Neal pointed to Mr. Swann’s horse beginning to drift through the field as it entered the home straight eventually finishing near the back.

Mr. Goodwin asked Mr. Bateup (assistant Stipendiary Steward) his view of the start. He asked if, in his opinion, Mr. Swann had “come out on the horse’s mouth”.  Mr. Bateup confirmed he thought that was the case.  He was further asked if the actions of Mr. Swann over the early stages were those of an experienced rider to which he replied that they weren’t because of the way he was holding the horse after it jumped. Mr. Goodwin also asked him if this was a common occurrence at the start (to hold a horse) and Mr. Bateup replied that it wasn’t.

Mr. Swann was then invited to make his submissions.

 He admitted that as Tosto jumped from the starting gate he “got on her mouth”.  He explained that she is a very difficult horse to ride and only he rode her in track work.  He also said that the horse had a cut in its mouth, which was being treated, and he was using a special lugging bit.

As the trainer of Tosto he conceded that she was probably “too fresh” as evidenced by the fact that she had reared in the birdcage prior to going to the start.  He said that after jumping slowly she was racing fiercely and when he caught the field he was 3 wide so decided to “roll on”.  He strongly disagreed with the contention that he urged his horse forward and said that once he caught the body of the field he had no option but to continue forward.  He said that he thought once his horse got to the front she would relax more but that did not happen.

Mr. Swann acknowledged on more than one occasion that this was not his best ride but said he did not agree with the charge against him which, if found proven, could end his career.  He gave an overview of his international riding experience in the USA, Ireland, Australia and New Caledonia where he said he was the second top jockey.  He confirmed he had been back in New Zealand since October 2008 and since then had had one other raceday ride.

 He also stated on several occasions that he did not think the Stipendiary Stewards were experienced enough to know the difference between urging a horse forward and not.

In summing up Mr. Goodwin said the Wairarapa Thoroughbred Breeders Stakes was a Listed Race with a stake of $55,000.  He said that at the start of the race Mr. Swann had shown a degree of incompetence by coming out on the horse’s mouth losing several lengths.  After catching up with the field Mr. Goodwin believed Mr. Swann could have controlled his mount much better keeping it towards the back to save it for a later run. Instead Mr. Swann urged the horse right around the field reaching the front at approximately the 600 metre mark.  He reiterated that the way the horse was ridden had affected its chances. It was a spent force at the finish of the race and punters “had not got a fair run for their money”.

Mr. Swann, in his summary, said that he had been riding for 37 years and that he had more experience than the Stipendiary Stewards. He did not agree with Mr. Goodwin’s interpretation of the race.

 He repeatedly pointed out that he did not urge his horse forward but elected to let it roll of its own accord instead of fighting with it. The reason for this was to put less stress on the horse and allow it to relax.

 He said that he was an experienced horseman and it was better that he did what he did and allow his horse to roll forward than sit three wide and risk being pushed out even further.

Decision

The committee had careful regard to all of the submissions put before it.

The Stipendiary Stewards alleged that Mr. Swann rode incompetently when he took hold of the horse’s mouth at the start losing many lengths and then when he elected to loop the field and go to the front.

Mr. Swann said that while it had not been a good ride he was not incompetent. He admitted that he had taken hold of the horse’s mouth upon leaving the starting gates but defended his decision to then circle the field. He thought it was a better option to let Tosto roll forward rather than fight her “fierce” racing manner.

In our view having considered the films at length Mr. Swann certainly rode the race in an unusual manner.

Being slow away from the barrier is not in itself an unusual occurrence and Tosto had been slow away in previous races however taking hold of the horse’s mouth made the situation much worse. This action also seemed at odds with the fact that the horse was being treated for a cut inside its mouth.

In relation to looping the field in the manner in which he did Mr. Swann should have made more of an attempt to steady Tosto towards the back of the field and wait for a later run. We concurred with the Stewards that the horse was racing keenly rather than fiercely and that a rider of Mr. Swann’s experience could be expected to exert more control. As it was Tosto ended up three lengths in front and then faded quickly. The horse finished second last and a post-race veterinary examination reported that the horse was in a distressed state with an elevated heart rate.

For an experienced rider who has ridden all around the world it was the committee’s opinion that Mr. Swann showed a distinct lack of judgment that amounted to incompetence.  The charge was found proved.

Penalty

Having found the breach proven the Committee asked for submissions on penalty.

Mr. Goodwin said it was a very poor ride and he viewed the offence as serious.   The incompetent riding commenced at the start of the race and continued as Mr. Swann urged Tosto forward causing it to “use up all its petrol”.   Those tactics compromised the horse’s chances in a Listed race. Mr. Goodwin submitted that a suspension of between six and eight weeks and a fine of between $500.00 and $1000.00 was appropriate.

Mr. Swann admitted that it was not a good ride but he was frustrated that the Stipendiary Stewards did not know the difference between pushing forward and letting a horse roll into the race to save ground.

 He confirmed that he was planning a return to New Caledonia in March to ride under contract to the owner of Tosto.  Mr. Swann also said that he was not in a position to pay a fine.

The Committee considered all submissions very carefully.  In particular we have had regard to:

-  The impact this ride had on the connections of Tosto and the betting public.

-  The stake and status of the race, a $55,000 Listed race.

-   The Judicial Control Authority’s penalty guide which suggests a two month 

    suspension for a breach of this rule in a Group or Listed race.

-  Mr. Swann’s riding record and the infrequency of his recent race day riding.

Mr. Swann is suspended from the close of racing on Friday 6 February 2009 to the close of racing on Friday 20 March 2009, a period of six weeks. To remain consistent with other breaches occurring in Group or Listed races a fine is also imposed, the amount being $500.00.

N.Moffatt                               P.Williams

Chair

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hearing_type: Old Hearing

Rules: 871.1.e

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race_title: Race 7

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meetdate: 06/02/2009

meet_title: Tauherenikau RC - 6 February 2009

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