Waipa RC – 3 November 2007 –

hearingid: faf465ef1dc33b68ae351694cb03541c

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hearing_racingtype: thoroughbred-racing

startdate: 03/11/2007

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hearing_title: Waipa RC - 3 November 2007 -

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Following Race 8 an information was laid against Jockey K O'Hara alleging a breach of Rule 871 (1) (d) namely Careless Riding.

Following Race 8 an information was laid against Jockey K O'Hara alleging a breach of Rule 871 (1) (d) namely Careless Riding. Information no. 6623 reads : "K O'Hara permitted her mount PIN UP BOY to shift inwards near the 150 metres when not sufficiently clear of PENNY FLORENCE, ridden by J Waddell, who was taken into the line of SARAJAY, ridden by M Coleman, who was checked".

Ms K O'Hara denied the charge.

Ms O'Hara is an Australian jockey currently riding in New Zealand. She was explained the procedure and acknowledged she understood the procedure.

Stipendiary Steward Mr Oatham called the following witnesses :

Stipendiary Steward Mr M Williamson - demonstrated the alleged incident on the relevant race videos (head on and side on). He said that Ms O'Hara permitted her mount PIN UP BOY to shift inwards near the 150 metres mark when not sufficiently clear of PENNY FLORENCE who was taken into the line of SARAJAY ridden by M Coleman who was subsequently checked. He said Ms O'Hara was never the required 2 lengths clear of PENNY FLORENCE. He contended that Ms O'Hara was 1 1/2 lengths clear.

Mr Coleman, rider of SARAJAY gave evidence that at about the 150 metre mark his mount suffered interference from J Waddell's mount.

Mr J Waddell, rider of PENNY FLORENCE gave evidence - he said Ms O'Hara's horse shifted in two horse widths and was not sufficiently clear and forced him across into the line of SARAJAY, ridden by Mr Coleman. He said Ms O'Hara moved inwards when not sufficiently clear.

Ms O'Hara gave evidence - she asserted that she was clear of Mr Waddell's mount. She asserted that Mr Waddell contributed to the incident. She did not accept her riding was careless.

After carefully considering the evidence of all witnesses and the visual evidence, we prefer the evidence of the informant. We find that jockey Ms K O'Hara permitted her mount PIN UP BOY to shift inwards near the 150 metres mark when not sufficiently clear of PENNY FLORENCE who was taken into the line of SARAJAY, ridden by M Coleman, who was subsequently checked. We find that PENNY FLORENCE had to shift across the heels of PIN UP BOY to obtain clear running.

Accordingly, we find the charge of careless riding proved to the required standard.

PENALTY

After hearing submissions on penalty from Mr Oatham and Ms O'Hara and taking into account the following :

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1. Good riding record
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2. Degree of carelessness
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3. Miss O'Hara's explanation
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4. Resultant interference

- we accept Mr Oatham's submission that a suspension is required. Miss O'Hara was suspended from the conclusion of racing on 7 November 2007 up to the conclusion of racing on 13 November 2007 - 3 riding days.

W N Dollimore

Chairman

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hearing_type: Old Hearing

Rules: 871.1.d

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