Canterbury JC – 9 November 2005 –

hearingid: 135144aded9ef4858e68cddb4d76aa8c

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hearing_racingtype: thoroughbred-racing

startdate: 09/11/2005

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hearing_title: Canterbury JC - 9 November 2005 -

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The Stipendiary Steward, Mr SC Ching, requested a ruling pursuant to Rule 520(3) of the Rules of Racing

The Stipendiary Steward, Mr SC Ching, requested a ruling pursuant to Rule 520(3) of the Rules of Racing that as a result of a working relationship breakdown with jockey Ms L McGregor, Mr N Wood, of "Blaze ?n Rule" requested that he be permitted to replace Ms McGregor with Ms L Crop in Race 4 of today's card.

Mr Wood was present when the hearing commenced, but Ms McGregor was not on course at the time. We accordingly heard from Mr Wood, who outlined to the hearing that he had an arrangement with Ms McGregor that she would come to the South Island with him during the week beginning 31^st October, work his horses for him during that week, and in exchange for that Ms McGregor was to ride Mr Wood's horses at the race meetings commencing on Saturday 5^th November.

He explained that the arrangement worked well leading up until the day of the races on 5^th November but after the races on Saturday, Ms McGregor absented herself and was not seen again until the morning of Wednesday 9^th November when she arrived at the track to ride track work. In the period between the close of racing on Saturday 5^th November and the morning of 9^th November, no contact was made by Ms McGregor with Mr Wood.

An argument ensued between Ms McGregor and Mr Wood and by the time Ms McGregor came to ride the third horse in the morning's work, the relationship had reached the point whereby each agreed that they should part company.

As a consequence of this, Mr Wood had no confidence in Ms McGregor to ride his only starter for the day, namely "Blaze ?n Rule" and he therefore wanted to replace her as the rider.

We advised the hearing that we would not make a ruling on the matter until it was determined whether or not Ms McGregor was going to arrive at the track.

Ms McGregor duly arrived on course at 1.58 p.m. some 42 minutes before the start of the race, which was within the required time for her to be in attendance. We duly re-opened the hearing. The fact situation was outlined by the Chairman to Ms McGregor as it had been relayed to us by Mr Wood. Ms McGregor confirmed that the fact situation had been outlined accurately. Mr Wood also confirmed that what was conveyed to Ms McGregor was correct.

Ms McGregor then stated that she would give up the ride so long as she was paid a riding fee plus any share of the stake money in the event that the horse won or was placed.

Mr Wood's case was that he was justified in breaking the riding contract because he stated that in his opinion, Ms McGregor was in breach of his contract with her to work the horses.

After considering all matters, our conclusion was that there were two separate contracts in place. The first was a contract to assist Mr Wood with his horses in the week leading up to the race meeting. The second contract concerned the riding engagement. Notwithstanding that Ms McGregor may or may not have been in breach of the first contract, the fact of the matter was that Ms McGregor was the declared rider for the day and we saw no reason to allow Mr Wood to replace Ms McGregor.

Accordingly, our ruling is that Ms McGregor is to ride "Blaze ?n Rule" in Race 4 on today's programme.

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hearing_type: Old Hearing

Rules: 520.3

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