Canterbury JC – 11 November 2009 – Race 8

hearingid: 9033740d82cfef845ab5ae6dd2f2f20f

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hearing_racingtype: thoroughbred-racing

startdate: 11/11/2009

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hearing_title: Canterbury JC - 11 November 2009 - Race 8

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As a result of an incident near the 1,000 metre mark in Race 8, Apprentice Jockey J McDonald was charged with a breach of Rule 638(1)(d) of the Rules of Racing (careless riding). 

As a result of an incident near the 1,000 metre mark in Race 8, Apprentice Jockey J McDonald was charged with a breach of Rule 638(1)(d) of the Rules of Racing (careless riding). 

FACTS

Mr McDonald admitted the breach of the Rule which is therefore deemed to be proved.

At the commencement of the hearing, it was noted that Mr McDonald was not accompanied by another Licence Holder such as a trainer or a senior jockey.  The customary practice is for apprentices to be so accompanied in a Judicial Hearing.  However, Mr Oatham confirmed that Mr McDonald was an experienced apprentice having ridden over 300 winners.  Mr McDonald also confirmed for the hearing, that he did not require to have a support person in the form of another licence holder. 

Stipendiary Steward Mr M Davidson presented the evidence.  Near the 1,000 metre mark, Mr McDonald was racing approximately three wide.  “Stupendous” (R Myers) was on his inside.  Mr McDonald was looking to move inwards.  After a period of time, he conducted his inwards movement, but at the relevant time, was not his own length and another length clear.  After about five strides, having overtaken Ms Myer’s mount, Ms Myer’s mount, “Stupendous”, clipped a heel of “Katipo” and as a consequence, stumbled briefly. 

Mr McDonald asked the committee to take into account the fact that he had taken some time before moving inwards, but said that Ms Myer’s mount was over-racing and that he had been past her for at least five strides before the heel clipping incident occurred.  Thus, he felt that Ms Myer’s mount, “Stupendous”, had contributed to the incident.  He did, however, acknowledge that he was not his own length and another length clear when he moved inwards.

Mr Oatham informed the hearing that Mr McDonald is probably one of New Zealand’s busiest riders.  However, he has been charged four times in the last twelve months, namely on 25th January 2009 (twice in one day) when he was given a four day suspension in respect of each charge, on 15th April 2009 when he was given a six day suspension, and on 6th July 2008 when he incurred a four day suspension.

Mr Oatham went on to say that Mr McDonald’s record, in all of the circumstances, is relatively good.  He accepted that Mr McDonald may have made an error of judgement, and did acknowledge that there were other mitigating factors, such as Ms Myer’s mount over-racing, which cut down the margin between the two horses at quite an important time.  Mr McDonald had also eased his mount at that point.  Mr Oatham acknowledged that the degree of carelessness was at the lower end of the scale, but did observe that the race was for a stake of $30,000.  He acknowledged that Mr McDonald had entered a guilty plea at the earliest opportunity.  He submitted that a suspension should be imposed, but it should be at the “lower end”.

Mr McDonald was invited to make submissions on penalty.  He did not have anything to add, as he said that Mr Oatham had said it all.  He said that he does travel extensively.

PENALTY DECISION

After giving due consideration to the matter, this committee is of the view that the carelessness was at the lower end of the scale.  We also accept that Mr McDonald’s record is quite good and we have also noted the mitigating circumstances referred to above.  However, Mr McDonald was not his own length and another length clear at quite an important time, which is fundamental to race riding.

The suspension is set at four days which will commence at the conclusion of racing on Saturday 14th November 2009, and finish at the conclusion of racing on 20th November 2009. 

KG Hales           JM Phelan
CHAIR                Committee Member
144

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hearing_type: Old Hearing

Rules: 638.1.d

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