Otaki-Maori RC – 20 October 2005 – Race 1

Following the running of Race 1, the More FM Horowhenua 2100, apprentice P T Holmes the rider of Opera Star was charged with a breach of Rule 871(1)(d) ? Careless riding.

It was alleged that Opera Star shifted outward near the 200m mark when not clear of Bankrupt (J Rogers) causing interference to that runner.

Mr Holmes, who was assisted by senior rider T Russell, admitted the breach.

Prior to the hearing of submissions on penalty the committee were shown the films of the incident. These demonstrated (at about the 200m mark) Opera Star moving out sharply from a position near the running rail and into the line of Bankrupt, with such manoeuvre causing Mr Roger's to check his mount to avoid the heels of Opera Star.

When making his submissions Mr McCutcheon presented Mr Holmes's record. This demonstrated a fine of $300 on 15^th October 05, and a suspension of three days in November 04 as his only breaches of the careless riding rule.

Mr McCutcheon contended that the incident complained of was, in his view, deserving of a term of suspension as the movement outward of Mr Holmes was significant and the consequences could have been far worse.

Mr Russell, when making submissions on behalf of Mr Holmes, acknowledged that a term of suspension was warranted in this case. He also stated that Opera Star was running around a little in the wet ground and this may have contributed to the incident.

After carefully considering all submissions the committee finds that the appropriate penalty, in this case, should be a term of suspension. When determining the quantum to be imposed we have used a starting point of four days to which we have then considered and applied the aggravating and mitigating factors.

The aggravating factors are that the check to Bankrupt has caused it to move off its rightful line of running when making its finishing run.

The mitigating factors are that Mr Holmes has readily admitted the breach and has acknowledged his error. Also in his favour is his record, which, in our view, is a good one, as apart from last week his previous breach of the careless riding rule has been some twelve months previous.

After considering these factors we are giving Mr Holmes credit for his admission and his record and we believe that such credit equates to relief of one day.

Therefore we find that Mr Holmes be suspended from the close of racing on Sunday 23^rd of October up to and including racing on Thursday of October, which is in effect a three day suspension.