Canterbury JC – 14 April 2007 –

hearingid: 68bc2ed39cafe83172756e0888624c72

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hearing_racingtype: thoroughbred-racing

startdate: 14/04/2007

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hearing_title: Canterbury JC - 14 April 2007 -

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Hearing of information number 7404 filed under Rule 871(1)(d) by Mr SC Ching alleging careless riding pursuant to Rule 871(1)(d) of the Rules of Racing. It was alleged that Mr Callaway on "Cross Da Cape" let his mount move inwards when not clear

Hearing of information number 7404 filed under Rule 871(1)(d) by Mr SC Ching alleging careless riding pursuant to Rule 871(1)(d) of the Rules of Racing. It was alleged that Mr Callaway on "Cross Da Cape" let his mount move inwards when not clear, causing crowding to "Dream Merchant" (E Whittle) and "Embargo" (R Wheeler) to lose his position.

As a result of an incident near the 1,000 metre mark in Race 2, Mr L Callaway, Apprentice Jockey, was charged with careless riding pursuant to Rule 871(1)(d) of the Rules of Racing. It was alleged that Mr Callaway on "Cross Da Cape" let his mount move inwards when not clear, causing crowding to "Dream Merchant" (E Whittle) and "Embargo" (R Wheeler) to lose his position. This incident happened near the 1,000 metre mark.

Mr Callaway did not admit the breach of the Rule. He was accompanied in the hearing by Mr T Ryan, Licensed Trainer.

Mr Ching called two witnesses. His first witness, Ms E Whittle, told the hearing that she received crowding from Mr Callaway's mount and notwithstanding that she called out, the pressure on her continued, causing her to place pressure, in turn, on Mr Wheeler's mount "Embargo". Mr Wheeler also gave evidence to say how he received pressure from the outside which took him on to the heels of the leader. He did not know who was causing the pressure. He lost the racing line that he was on. On cross examination, Mr Callaway, with Mr Ryan's assistance, asked Ms Whittle if she overreacted to Mr Callaway's presence. She disputed that.

Mr Ching then asked Assistant Stipendiary Steward Mr J McLaughlin to demonstrate the incident on the video coverage. The film showed the incident quite clearly. Mr Callaway, coming from a good five wide position, moved across to race on terms with Ms Whittle. However, it seemed at this point, that Ms Whittle checked and moved across on to Mr Wheeler's mount with the consequence being that Mr Wheeler was taken off his line and put in behind the leading horse, which was one off the rail.

We also note, at this point, that prior to Mr Callaway arriving on the scene, that Ms Whittle's mount had briefly come into contact with "Embargo" as those horses raced on terms. Having considered the totality of the evidence it does seem clear to us that as Mr Callaway arrived up on "Dream Merchant", that Ms Whittle may have overreacted the situation by checking as she did, with the consequence being that she placed pressure on Mr Wheeler's mount.

Mr Callaway was asked if he considered if he was his own horse length and another length clear when passing Ms Whittle. He told the hearing that he believed he was, and demonstrated his actions by reference to the mowing strips on the track.

Mr Ching, in summary, told us that it was his opinion that Mr Callaway dictated the line of running of both "Dream Merchant" and "Embargo". Mr Callaway, in summing up, told us that the incident was caused by Ms Whittle moving on to Ms Wheeler's mount. He said he did not come across when insufficiently clear. He said there was clearly room for him to race in the manner that he did.

We now have to decide if Mr Callaway rode carelessly. In order to find the charge proved, we must be satisfied, to a reasonable standard of proof that he is guilty of the charge. After considering the evidence, and in particular our finding that Ms Whittle may have overreacted, we find ourselves in a position of doubt. Because we have some doubts, we must, therefore, give the benefit of that doubt to Mr Callaway and the information is accordingly dismissed.

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hearing_type: Old Hearing

Rules: 871.1.d

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