Banks Peninsula RC – 15 October 2005 – Race 4

Following the running of Race 4, The Eureka Trust Maiden, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Apprentice Jockey, Mr P T Holmes, alleging that Mr Holmes rode carelessly in allowing his mount, QUANTUM DESTINY, to shift ground outwards when not sufficiently clear causing a check to ZINGY (A J Chesmar) near the 200 metres.

Mr Holmes admitted the breach and the charge was found proved. He was assisted at the hearing of the information by Mr B Hibberd, Licensed Jockey.

Mr Ching showed side-on and head-on video replays of the final stages of the race. He pointed out Mr Holmes on QUANTUM DESTINY, the eventual winner, looking for racing room. Mr Holmes came out and "went under the neck" of ZINGY, only for a stride, but he was not his own length and another length clear as required by the Rules. Mr Holmes had misjudged the situation and taken Miss Chesmar's line. Miss Chesmar had to restrain her mount.

Mr Holmes explained to the Committee that he had come from a long way back and got into it quickly. He had run out of room. He was going to go inside BRAVO (L K Young) but that horse had "rolled in a fraction" forcing him to ease and come out and, he admitted that "for a stride" he had gone out under ZINGY.

Mr Hibberd supported the explanation of Mr Holmes. He also suggested that QUANTUM DESTINY was inexperienced, having only its third start, which may have contributed to the incident. Mr Holmes had inconvenienced Miss Chesmar but his horse had been travelling so quickly that it needed racing room.

In relation to penalty, Mr Ching informed the Committee that, in the previous 12 months, Mr Holmes had received one suspension for careless riding ? he had received a 3-days suspension in November 2004. He said that the Stipendiary Stewards believed the breach was at the "bottom end of the scale" and, although it is not normal practice to suspend apprentice riders, a fine would be a sufficient penalty on this occasion. He also submitted that the Committee should take into account Mr Holmes' admission of the breach.

Mr Holmes indicated that he was in a position to pay a fine and would prefer a fine to a suspension. Mr Hibberd submitted that it was minor breach involving a lapse of concentration for one stride and a fine would be appropriate.

In determining penalty, the Committee took into account the following matters:

1. Mr Holmes' admission of the breach;

2. His good race riding record;

3. The fact that, as submitted by both parties, the breach was at the lower end of the scale of careless riding; and

4. Mr Ching's submission that a fine would be a sufficient penalty.

Mr Holmes was fined the sum of $300.