Auckland RC – 2 November 2004 –

This information alleged a breach of Rule 871(1)(d) for careless riding by jockey, L C Rutherford for shifting inwards on her mount SAVUTE when not the required distance clear of MAREA (V Colgan). The breach was not admitted.

The incident was demonstrated on video by Assistant Stipendiary Steward W Robinson. He pointed out the movement across by Miss Rutherford just after the start and approaching the first bend. At no stage was she sufficiently clear to take the line of Mr Colgan's mount, he said, and it resulted in a severe check as the head on showed. He also demonstrated the incident on the side on video and suggested that it showed she was clearly not the required distance.

Mr. Colgan was questioned on the incident and confirmed that he had suffered interference and was obliged to take hold to clear the heels of Miss Rutherford's mount. She was, he said, a bare length ahead at the time. Questioned by Miss Rutherford he said that there had been no pressure from outside of concern to him. He had seen Miss Rutherford coming and had to check to avoid the heels of her mount. He believed he had been entitled to be where he was before her movement across occurred.

Miss Rutherford called Jockey A Peard who confirmed he had been racing outside of Mr. Colgan at the time and he believed there had been pressure from Mr. Peard's outside caused by Miss Cheshire's mount as the bend approached. There had definitely been squeezing as a result of this on the point of the corner and he believed this happened before Miss Rutherford moved in as she had been immediately ahead of him before she commenced her inward movement.

Mr. Coles asked the committee to take note that Miss Rutherford was not clear at the time she commenced her inward movement. He said it was significant that Mr. Colgan had said he was under no pressure until after she came across and on that basis she had failed to meet her responsibilities.

Miss Rutherford submitted that there had been contributing factors as stated by Mr. Peard. There had been pressure from the outside although it might not be obvious on the video. The approach to the first bend had always been a problem and she was in no doubt that she had been the required distance at all times and it was only as Mr. Colgan pushed up in response to that pressure that he suffered from the tightening which followed. In any event she ought to be entitled to the benefit of any doubt in all the circumstances.

The Committee took into consideration these matters and despite the evidence from Mr. Peard it is not satisfied that any alleged outside pressure has caused Mr. Colgan to check. His evidence confirmed that it was as a result of the inward movement by Miss Rutherford and that is confirmed on the video as is the lack of the required distance to entitle such a movement in. On that basis the Committee finds that the breach has occurred as alleged.

Mr. Coles acknowledged that Miss Rutherford had a good record. Her last breach of this kind had been late in 2003 when a suspension of three days had been imposed. She was a senior rider who accepted riding commitments all over the country and that had to be taken into consideration. It was however a breach for which a period of suspension had to be considered in the mid range of seriousness.

Miss Rutherford confirmed she expected to be riding at Riccarton and had commitments elsewhere throughout the country over the next few weeks.

The Committee after considering these matters agrees that a period of suspension is appropriate and notes that it would have to take effect from the coming Saturday involving the meetings at Te Rapa and Riccarton. Allowing for her good record and accepting that there were factors which Miss Rutherford felt were contributory to the breach the suspension will take effect from the conclusion of racing on Wednesday 3 November 2004 until the conclusion of racing the following Wednesday 10 November 2004, effectively four riding days.