Auckland RC – 11 April 2009 –

hearingid: 5afc941b173b52f5504982efcfc75f73

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hearing_racingtype: thoroughbred-racing

startdate: 11/04/2009

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hearing_title: Auckland RC - 11 April 2009 -

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Following Race 7 an Information was filed pursuant to Rule 871 (1) (D) by the Informant Mr R Sanders.  He alleged that near the 1200 metres Mr Innes, rider of ALIGN TO INFINITY allowed his mount to shift in when not clear of COLUMBIAN STRIKE (K Hercock) which had to be checked by its rider. 

Following Race 7 an Information was filed pursuant to Rule 871 (1) (D) by the Informant Mr R Sanders.  He alleged that near the 1200 metres Mr Innes, rider of ALIGN TO INFINITY allowed his mount to shift in when not clear of COLUMBIAN STRIKE (K Hercock) which had to be checked by its rider.  Mr Innes did not admit the breach.

Mr J Oatham demonstrated the video films which clearly showed ALIGN TO INFINITY, which was racing 3 wide approaching the 1200 metres move in to a 2 off position and in doing so take the line of COLUMBIAN STRIKE when only ¾ length clear.  As a result Miss Hercock had to take a hold and check her mount back because of tightening from Mr Innes.

Miss Hercock, rider of COLUMBIAN STRIKE admitted she had received tightening from Mr Innes and said Mr Innes was 1 – 1 ¼ lengths clear when he took her line.  However she did say her mount was racing erratically and throwing its head about.  She believed it over reacted to the tightening she received.

Mr Innes asked the Committee to give considerable thought to Miss Hercock’s evidence and in particular her mount overreacting to the incident.  He said that in lots of cases riders are not 2 lengths clear when moving across and in this case he was guilty of that.  However he believed that most of the problem was caused by the way COLUMBIAN STRIKE reacted to his inward movement.

Mr Sanders said in his summary that Mr Innes had himself admitted that he was not 2 lengths clear of Miss Hercock when moving in.  He said the only reason COLUMBIAN STRIKE’s head went up was because of the inward movement by Mr Innes, causing Miss Hercock to take a strong hold.

DECISION

The Committee carefully considered all evidence and reviewed the video films.  While conceding that shortly after the start COLUMBIAN STRIKE was racing erratically and throwing its head in the air, it was clear on the film that for a considerable distance prior to the incident it was racing kindly.  It was only when Mr Innes moved in rushing COLUMBIAN STRIKE that his head went up in the air.  Because Mr Innes was not the required distance clear of Miss Hercock when taking her line we find the charge proven.

PENALTY SUBMISSIONS

Mr Sanders produced Mr Innes’ record which showed 2 suspensions in the last 12 months.  He said this was a senseless act on Mr Innes’ part and in his opinion was in the midrange of carelessness.  He reminded the Committee it was a premier day for a $35,000 stake and submitted a 5 - 6 day penalty was appropriate.

Mr Innes then asked for the enquiry to be adjourned until Monday 13th as he could not contact Mr Wheeler to ascertain the plans for ‘Stand Tall’ who he was to ride.  His agent Mr Butch Castles was then called who repeated the request.  The Committee declined the request telling Mr Innes he had the benefit of the 7 day deferral rule for this type of request.  However he must tell the Committee today when he wished to begin any suspension should that be the penalty.  Mr Innes finally said he wished to start the penalty after racing on 15 April as he had confirmed rides at Te Aroha that day.

PENALTY DECISIION

The Committee carefully weighed up all the factors above before imposing a penalty.  In particular the fact that this was a premier day, Mr Innes’ record and his level of carelessness which we believe was low to midrange.

Accordingly we impose a suspension on Mr Innes for riding in races to start after racing on 15 April 09 and conclude after racing on 23 April 09 (5 days)

Richard Seabrook

Chair

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hearing_type: Old Hearing

Rules: 871.1.d

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