Waikato RC – 11 September 2009 – Race 3

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startdate: 11/09/2009

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hearing_title: Waikato RC - 11 September 2009 - Race 3

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Decision:

Following the running of race 3, the Hinuera Lodge 1400, Mr Ismail was charged with careless riding under rule 871 (1) (d).  The information alleged that Mr Ismail “permitted his mount RECIPROCAL to shift outwards near the 500 metres when not sufficiently clear of OUR HEIR APPARENT (J McDonald) who was checked”.

Following the running of race 3, the Hinuera Lodge 1400, Mr Ismail was charged with careless riding under rule 871 (1) (d).  The information alleged that Mr Ismail “permitted his mount RECIPROCAL to shift outwards near the 500 metres when not sufficiently clear of OUR HEIR APPARENT (J McDonald) who was checked”.

Rule 871(1)(d)) states “Every rider commits a breach of these rules who in the opinion of the Judicial Committee is guilty of riding that was ......careless”.

Mr Ismail indicated on the information he admitted this breach of the rules and that he wished to be present at the hearing of the information.  However, prior to the hearing of Stipendiary Steward Mr M Williamson advised that Mr Ismail was not present on course having been sent home by his employer - licensed trainer Mr J Sargent. Mr Williamson said that he was happy for the hearing to proceed with Mr Sargent representing Mr Ismail.  When asked what the alternatives were to holding the hearing now Mr Williamson said that whilst the hearing could be adjourned to another date Mr Ismail did not ride very often and it was not possible to say when the hearing could take place.  Mr Sargent said he was also happy for the hearing to proceed without Mr Ismail being present and after considering the situation we were faced with the Committee agreed that the hearing could proceed.

As the breach of the rule was admitted the charge was proven.

Stipendiary Steward Mr Williamson showed the videos and said that during the first half of the race Mr Ismail had had some difficulty controlling his mount. He said that at around the 500 metre mark Mr Ismail’s horse was racing more kindly and was 1 off the rail with Mr McDonald some 2 or 3 lengths behind and also 1 off the rail.  At that point Mr Ismail moved out from his 1 off position and crowded Mr McDonald who was improving forward at the time on Mr Ismail’s outside causing Mr McDonald to take hold and check.

Mr Sargent did not believe the interference was significant and doubted it had cost Mr McDonald  finishing in a place but conceded his progress had been impaired as a result of the incident.

Penalty Submission

Mr Oatham said Mr Ismail had had 34 rides prior to today and two previous suspensions for careless riding – 4 days at Tauranga in January 2009 and 6 days at Matamata in March 2009.  He said that prior to the incident Mr Ismail had not had the easiest of rides but he clearly moved out and caused the check to Mr McDonald.  He said the interference was at the lower end of the scale and should be dealt with by way of a suspension.  He said the Stewards were concerned that this was Mr Ismail’s third charge in a short career and he further commented that Mr Ismail needed to work on obtaining greater understanding of the English language.  (It is also assumed this was another reason why an adjournment of hearing was not sought). He said that any suspension should not commence until after racing on Saturday 12 September as Mr Ismail was not riding on that day.

Mr Sargent said Mr Ismail had no confirmed commitments and did not seek a deferral of any suspension that might be given.

Decision

In coming to a decision on penalty the Committee considered all the submissions put before it. We have taken into account Mr Ismail’s admittance of the breach and that there was interference to Mr McDonald’s mount near the 500m mark although we do not believe the degree of interference to be high.  We note, however, that this is Mr Ismail’s third careless riding offence in a very short career.

Mr Ismail is suspended from the close of racing on Saturday 12 September 2009 to the close of racing on Sunday 20 September 2009 that being four North Island days.

P Williams      R Seabrook
CHAIR             Committee Member
7203

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Rules: 871.1.d

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race_title: Race 3

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meetdate: 11/09/2009

meet_title: Waikato RC - 11 September 2009

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