Banks Peninsula RC – 16 October 2004 – Race 5

Following the running of Race 5, Lion Foundation Maiden, an information was lodged by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, S McCann, alleging that Mr McCann, as the rider of JUST A DREAM in the Race, rode carelessly in that he allowed his mount to shift ground outwards when not sufficiently clear causing CHAPELDASH (J S Lawson) to clip a heel and dislodge its rider with approximately 400 metres to run.

The Committee has carefully listened to the evidence of Mr Ching's witnesses and the evidence given by Mr McCann. We have also carefully viewed the video replay of the incident.

Miss Lawson said that Mr McCann had been racing behind her and improving. She said that Mr McCann then came out without being sufficiently clear and got under the neck of her mount. It got quite tight, she said, with the pressure from Mr McCann on her inside and, as a result, her mount clipped hells, stumbled and she was dislodged from the saddle.

Miss Young's (rider of SAN DEE SURE) evidence confirmed what Miss Lawson had said. She said that she saw Mr McCann angle out leaving Miss Lawson nowhere to go. She confirmed that Mr McCann had not been his own horse length and another length clear when he angled out.

Mr Bullard (rider of MISS TATUA) also gave evidence. He was not able to be as specific as Miss Lawson or Miss Young. However, he was able to confirm that Mr McCann had moved forward and out inside Miss Lawson's mount.

Mr McCann elected not to cross-examine any of the three riders called by Mr Ching.

Mr Ching then had Mr M G Humphries, Assistant Stipendiary Steward, show the video replay. Mr Ching alleged that Mr McCann had been careless in shifting out under Miss Lawson's mount when not sufficiently clear. He conceded that the video was not distinct but it showed Mr McCann, whose mount was racing behind BANDIT, angle out to go around BANDIT. The video showed that Mr McCann's mount had shifted ground "quite a way out", Mr Ching alleged.

Mr McCann's defence was, basically, that his mount had been travelling well and tracking BANDIT. He said that he went to pull out and around the hind quarters of BANDIT when BANDIT rolled out. His mount overreacted, he said, and he was carried out further than he had wanted. He said that he had been committed to the run and, if BANDIT had kept a straight course, he would have been all right.

The Committee acknowledges that the video did not show the incident in very clear detail. However, the Committee is able to draw an inference from the video and the totality of the oral evidence that Mr McCann could not have been his own length and another length clear when he shifted ground outwards.

We accept Miss Lawson's evidence that she was subjected to pressure from Mr McCann on her inside which resulted in her mount clipping heels and dislodging her.

For those reasons, the Committee is satisfied that Mr McCann's riding was careless and the charge is, accordingly, proved.

Mr Ching informed the Committee that Mr McCann's race riding record was very good. His only breach in the past 12 months was a careless riding offence at Riccarton on 22 May 2004 when he received a 3-days suspension. He said that his opinion of Mr McCann's riding was "exemplary". However, since rider safety had been compromised, he recommended that a term of suspension be imposed.

Mr McCann declined to make any submissions in relation to penalty other than to request the Committee to take into account that he had made an error of judgement

In determining penalty, The Committee took into account the following matters:

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• Mr McCann's race riding record as described by Mr Ching
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• The safety of other riders in the race had been put at risk and Miss Lawson had been dislodged from her mount.
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Taking the above matters into account, the Committee suspended Mr McCann for a period commencing after the close of racing today up to and including 2 November 2004, effectively 3 riding days.