Canterbury Racing – 26 October 2008 – Race 9

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startdate: 26/10/2008

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hearing_title: Canterbury Racing - 26 October 2008 - Race 9

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Following the running of Race 9, Royal Gem @ Stoney Bridge Canterbury Stakes, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr T N Harris, alleging a breach of Rule 871 (1) (d) in that Mr Harris, as the rider of TELL A TALE in the Race, rode carelessly in allowing his mount, with approx 200 metres to run, to move inwards taking the line of both FULL PITCH (J L Waddell) and JULIA (C J Grylls) who both had to check.

DECISION AND REASONS:

Following the running of Race 9, Royal Gem @ Stoney Bridge Canterbury Stakes, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr T N Harris, alleging a breach of Rule 871 (1) (d) in that Mr Harris, as the rider of TELL A TALE in the Race, rode carelessly in allowing his mount, with approx 200 metres to run, to move inwards taking the line of both FULL PITCH (J L Waddell) and JULIA (C J Grylls) who both had to check.

Mr Harris was present at the hearing of the information and did not admit the breach.

Mr Waddell stated that, approximately 200 metres from the finish, TELL A TALE was on his outside looking for racing room. That runner came into a “half gap” as a result of which Mr Waddell received pressure from his outside and had to take hold of his mount. He was entitled to the running line that was in front of him and that running line was taken by TELL A TALE ridden by Mr Harris. He was forced down onto Mr Grylls’ mount on his inside. Mr Harris’s mount was not his own length and another length clear when he took his line, Mr Waddell stated.  

Mr Grylls stated that, with approximately 200 metres to run, he was racing on the inside of Mr Waddell with MASONS RUN (J R Todd) on his inner. He received pressure from his outside and was forced onto the heels of Mr Todd’s mount. There was also “slight pressure” from the inside, Mr Grylls said, but the pressure was mainly from the outside. Mr Waddell’s mount made contact with his mount.

Mr M G Humphries, Assistant Stipendiary Steward, showed video replays of the final 300 metres of the Race. He pointed out a gap in front of Mr Harris close and Mr Harris moved forward and went inside and across. There was initially a gap for both FULL PITCH and JULIA. He pointed out the hind quarters of JULIA get turned which forced it out onto FULL PITCH, Mr Humphries said.

Following the showing of the video replays, Mr Harris was given the opportunity to cross-examine Messrs Waddell and Grylls but did not wish to do so.

In his defence, Mr Harris alleged that it had been a contributing factor that Mr Todd’s mount had shifted out just before the point of contact. Mr Harris did concede that he had shifted in but he submitted that the movement of Mr Todd’s mount had made the incident look worse than it was. Mr Harris referred to the video replays. When questioned by the Committee, Mr Harris agreed that he did not dispute the evidence given by Mr Waddell that, when he shifted inwards, he was not his own length and another length clear of Mr Waddell’s mount.

Mr Ching submitted that, while the Stewards conceded that there was some very slight movement from Mr Todd’s mount just prior to contact being made, that movement was very minimal and not a contributing factor. The interference caused to FULL PITCH and also to JULIA was caused by Mr Harris attempting to take a half-gap when his mount was full of running and taking the line of FULL PITCH.

The Committee found that Mr Harris was seeking a run and had angled his mount, which was full of running, inwards with approximately 200 metres to run and, in doing so, was not his own length and another length clear of Mr Waddell’s mount ( a fact which was acknowledged by Mr Harris) and took the line of running that Mr Waddell was clearly entitled to. As a result, Mr Waddell was required to take hold of his mount which was forced onto JULIA, on its inside, which was also checked. Mr Harris’s defence was based on the contribution which, he alleged, MASONS RUN had made to the interference received by FULL PITCH and JULIA. The Committee agreed with Mr Ching that any movement by MASONS RUN was only very slight and did not contribute in a material way to the interference. The Committee was required to determine whether Mr Harris had shown due care and attention and, on the evidence before it in this case, the Committee was satisfied that he had not. The charge of careless riding is, therefore, found to be proved.

Mr Ching informed the Committee that Mr Harris was last suspended for careless riding at Auckland on 26 December 2007 when he received 7 days. Prior to that, he had received a suspension of 4 days at Waikato on 10 November 2007. Mr Ching submitted that the breach was in the mid to high range. In addition, the Committee should take into account the status of the Race (a Listed Race) and the stake payable ($55,000). He recommended a term of suspension in the range of 6-10 days and, in addition, a fine between $3,000 and $5,000. 

Mr Harris asked the Committee to take into account his clear record over the last 10 months during which time he had had a large number of rides. Mr Harris informed the Committee that he had declared rides at Te Rapa on 27 October and engagements for the Avondale meeting on 29 October 2008. He sought a deferment of any term of suspension to enable him to fulfill those engagements.   

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

1.   Mr Harris’s good record over the past 10 months;

2.   The severity of the interference, in the mid to high range, and that two other runners received interference; and

3.   The status of the Race and the stake payable - Rule 1122 (2) (a) & (b).

Taking all matters into account, the Committee suspended Mr Harris’s jockey’s licence for the period commencing after the close of racing on Wednesday, 29 October 2008, up to and including Friday, 7 November – 6 riding days. In addition to that suspension, Mr Harris was fined the sum of $3,000.  

R G McKenzie

CHAIRMAN

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hearing_type: Old Hearing

Rules: 871.1.d, 1122.2.a

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race_title: Race 9

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meetdate: 26/10/2008

meet_title: Canterbury Racing - 26 October 2008

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