Canterbury JC – 25 October 2009 – Race 10

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hearing_racingtype: thoroughbred-racing

startdate: 25/10/2009

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hearing_title: Canterbury JC - 25 October 2009 - Race 10

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As the result of an incident in Race 10 at the Canterbury Racing Meeting (North Canterbury) on Sunday 25th October 2009, Licensed Jockey LM Robinson was charged pursuant to Rule 638(1)(d) - careless riding.

As the result of an incident in Race 10 at the Canterbury Racing Meeting (North Canterbury) on Sunday 25th October 2009, Licensed Jockey LM Robinson was charged pursuant to Rule 638(1)(d) - careless riding.

It was alleged that Mr Robinson permitted his mount “Titsgittin” to shift out near the 125 metre mark, dictating “Tell A Tale” (J McDonald) out on to “Loose Change”
(MJ Walker) who was checked.

THE EVIDENCE

Mr Davidson, Stipendiary Steward, called Licensed Jockey MJ Walker, the rider of “Loose Change”.  Mr Walker told the hearing that he received a check at around the 125 metre mark as a result of pressure from his inside.  At the time, Mr Walker said that he had a clear line ahead of him, but that he had to check his mount off the heels of “Tell A Tale”.  He lost his running line in the process.  He said that Mr Robinson had allowed his mount to move out at least one a half horse widths from the line on which it was running. 

Mr Davidson then called Apprentice Jockey, J McDonald, to give evidence.  He described to the hearing the fact that he was travelling well, but then his line was dictated outwards on to Mr Walker’s mount.  He said that that came from Mr Robinson’s mount.  He said that solid contact occurred, and that he was moved outwards as a consequence on to the line of “Loose Change”. 

We then viewed the video evidence, which was explained by Mr R Neal, Stipendiary Steward.  Mr Neal identified the horse concerned, and identified the carelessness that the Stipendiary Stewards were alleging.  He pointed, in particular, to the extent that “Titsgittin” moved off its running line and the contact made with “Tell A Tale”.

Mr Robinson was given the opportunity to ask questions of Messrs Walker and McDonald, but declined to do so. 

Mr Robinson then gave evidence.  He said that his movement outwards was minimal, and perhaps no more than half a horse width.  He said that there was more pressure from “The Meista” ridden by O Bosson as a result of that horse rolling in, and putting pressure onto horses on its inside.  Mr Robinson called Mr Bosson to give evidence, but Mr Bosson said that even though he may have come in a fraction, he believed that all of the pressure came from his inside.  He confirmed to the hearing that he is a left handed whip, but said that he did not hit his horse behind the saddle at any stage.  He said that he was riding “hands and heels” and that he was only slapping his horse on the shoulder with his whip.

Both Mr Davidson and Mr Robinson were given the opportunity to sum up.

Mr Davidson said that it was the Steward’s case that Mr Walker received pressure from the inside.  Mr McDonald was bumped off his line, which caused Mr Walker’s mount, “Loose Change”, to be checked.  Mr Davidson said that Mr Robinson had moved at least one and a half horse widths off its original running line.

In summary, Mr Robinson said that the pressure came from the outside and that all his horse did was to retaliate to that pressure. 

DECISION

With approximately 125 metres to run to the finishing line, a number of horses had clear running.  Those horses were:

“The Meista”
“Loose Change”
“Tell A Tale”
“Titsgittin”

The head on video evidence demonstrated quite clearly that “Titsgittin” moved off its line.  Mr Robinson was riding vigorously at the time, and we accept his evidence that notwithstanding that he moved outwards, this was not caused by him whipping the horse behind the saddle, as he said that his action was primarily hands and heels, with his whip slapping the shoulder of “Titsgittin”.

However, in the process, contact occurred as a result of “Titsgittin” moving on to “Tell A Tale” and the consequence of that was that “Tell A Tale” was moved on to the running line of “Loose Change”.  “Loose Change” lost its running line, and it was necessary for its rider, Mr MJ Walker, to check his mount to keep it off the heels of “Tell A Tale”.  All riders were riding vigorously at the time. 

We find, as a fact, that “Titsgittin” was the only horse to move off its line and that Mr Robinson made no effort to straighten its line.  He continued to ride with vigour when his horse was on an outwards movement and took no action to straighten.  His horse came into contact with “Tell A Tale”, which in turn caused “Loose Change” to be checked by Mr Walker, in order to keep “Loose Change” off the heels of “Tell A Tale”.  That, in our opinion, constitutes careless riding.  We also find, as a fact, that “The Meista” did not contribute to the incident at all.

The charge is found to be proved.

SUBMISSIONS ON PENALTY

Mr Davidson stated that Mr Robinson has had only one suspension in the last twelve months, and that was for four days in August.  He felt that the degree of carelessness was in the mid range and called for a suspension of between three and five days. 

Mr Robinson confirmed that he is a South Island rider, and that he does not have any engagements in the North Island in the immediate future.  He did, however, tell the hearing that he has engagements on the first day of the New Zealand Cup Meeting in the “One Thousand Guineas” and has a confirmed ride in the “Couplands Mile” on the second day.  If a suspension of between three and five days was imposed then he said that he would miss out on these rides, and that he seldom gets the opportunity to ride in premier races such as the two for which he has engagements. 

Mr Davidson acknowledged that it is seldom that South Island riders get the opportunity to ride in prestigious races such as the ones that Mr Robinson has engagements for, and then recommended a two day suspension together with a fine of $500. 

Careless riding in the mid range of seriousness would normally attract a minimum suspension of four days.  We say a minimum because in many circumstances, longer periods of suspension are imposed.  The period of suspension is frequently dictated by a rider’s record, and discount is often given for an early guilty plea.  Mr Robinson did not plead guilty.

Thus, if we are to grant the concession that Mr Davidson has suggested, and taken up by Mr Robinson, we must therefore impose a penalty which in some way equates to a four day suspension.

Mr Robinson’s record is quite good.  He is a busy South Island rider.  We acknowledge that he has two rides in important races at Cup Week.

We will concede to the request for a two day suspension.  We do not agree that the fine should be as low as $500.  The fine must reflect something more than that.  The fine will be $1,000.

Thus, Mr Robinson is suspended from race riding as from the conclusion of racing on Sunday 25th October until the conclusion of racing on Tuesday 3rd November 2009.  That encompasses meetings at the South Canterbury Jockey Club on 1st November and at Oamaru on 3rd November, at which meetings Mr Robinson would normally have ridden. 

In addition, Mr Robinson is fined $1,000.

KG Hales         RG McKenzie
CHAIR              Committee Member
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hearing_type: Old Hearing

Rules: 638.1.d

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