Canterbury Racing – 8 November 2008 – Race 9

Following the running of Race 9, Gold Club Metropolitan Trophy, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Apprentice Jockey, Mr C J Grylls, alleging a breach of Rule 871 (1) (d) in that Mr Grylls “allowed his mount (LE ALTO) to shift inwards causing QUANTUM DUDE (J L Waddell) to check near the 2300 metres”.

Mr Grylls was present at the hearing of the information and did not admit the breach. As an apprentice jockey, he was assisted by Mr D R Haworth, Licensed Trainer.

Mr Ching had Mr M R Davidson, Stipendiary Steward, show video replays of the first 200-300 metres of the Race, a Race over 2500 metres. He pointed out the two runners – LE ALTO, which had drawn barrier 10, and QUANTUM DUDE, which had drawn barrier 5. He pointed out LE ALTO move from several runners wide and cross to the rail and, in doing so, cause a check to QUANTUM DUDE. Mr Grylls was clearly not the required distance of his own length and another length clear when he crossed, Mr Davidson alleged. Mr Waddell had to check off the heels of LE ALTO.

Mr Waddell said that his mount was a “natural front runner” and he had intended to lead on it. He had been a little slow away and had “hunted” the horse “quite firmly”. He had wanted to get up on the inside and lead. He was “crowded inwards” by LE ALTO and had to take action to avoid the rail. His mount threw its head up. He had received interference from LE ALTO while he was attempting to improve up on the inside. Mr Grylls was not his own length and another length clear when he took his line, Mr Waddell said. He had stopped pushing his mount but had not taken a hold of it prior to that. He had to take hold of his mount when Mr Grylls came across.

Mr Grylls used the video replays to support his defence to the charge. He had been aware that Mr Waddell’s mount was a front runner. His own mount had begun better than the rest of the field. He had looked across and had been clear. Mr Waddell’s mount had “travelled up beneath” him. It had been “racing generously” and had “fired his head” when Mr Grylls was about to “take his line” and had “gone keener”. He thought he was clear but admitted, when asked by the Committee, that Mr Waddell’s mount had come up beneath him when he crossed. He admitted, under cross-examination by Mr Ching, that he was not his own length and another length clear at the point of crossing Mr Waddell’s mount. Mr Ching submitted he was no more than ¾ length clear.

Mr Haworth submitted that Mr Grylls was “near enough to two lengths clear”. He referred to the racing form and tendencies of QUANTUM DUDE and submitted that Mr Grylls had been a “victim of circumstances” because of the unruly racing manners of QUANTUM DUDE but, he said, he did not deny what had happened. Mr Grylls had clearly thought he was clear but QUANTUM DUDE had got up inside him. He conceded that Mr Grylls had “caused a problem” but QUANTUM DUDE had contributed.

Mr Ching conceded that QUANTUM DUDE was a difficult horse but had been travelling quite well until Mr Waddell was forced to take evasive action to avoid the heels of LE ALTO.

The Committee heard a lot of evidence and submissions from the parties and, in particular, heard a lot about the racing manners of QUANTUM DUDE and whether it contributed and, if so, to what extent. However, the Committee is required to focus on the riding actions of Mr Grylls and to decide whether he rode carelessly when crossing from wide on the track to the running rail after 200 metres of the Race. He is not entitled to cross any other runner unless his own mount is its own length and another length clear. Mr Ching submitted that he was not. Mr Waddell stated that he was not and he was not taken to task by Mr Grylls on the point. It was quite apparent to the Committee from its observation of the video replays that he was not. Furthermore, Mr Grylls himself admitted, when asked by Mr Ching, that he was not and the submissions of Mr Haworth were to the same effect.

The Committee was satisfied from the evidence and from its own observations from the video replays which it viewed, that Mr Grylls was not his own length and one other clear length in front of QUANTUM DUDE when it crossed that runner after approximately 200 metres of the Race. Mr Grylls was guilty of an error of judgment and was guilty of riding carelessly. The Committee acknowledges that QUANTUM DUDE may have overreacted and thereby made the interference look worse than it was. However, the racing manners of that horse did not contribute to the interference it received and Mr Grylls was not entitled to rely on its racing manners to excuse his own carelessness. QUANTUM DUDE was in the clear and was being hunted towards the lead by its rider, Mr Waddell. It was perfectly entitled to be where it was at that point and was entitled to hold its line of running and not receive interference from another runner crossing when not sufficiently clear of it.   

Accordingly, the Committee found the charge to be proved.

In relation to penalty, Mr Ching informed the Committee that Mr Grylls had last been charged with careless riding on 1 January 2008 when he received a 5-days’ suspension at Auckland. That was an “exemplary record”, Mr Ching said. Mr Ching referred to the status of the Race (Group 3) and the stake payable ($75,000). He submitted that the degree of carelessness was in the range of mid to high and rider safety had been compromised. Finally, he recommended a suspension of Mr Grylls’ licence for a period of between 8 and 10 days and a fine of between $3,000 and $5,000.

Mr Grylls informed the Committee that he had a firm riding engagement for the Tauranga meeting on Saturday, 15 November, and sought a deferment of any term of suspension until after that meeting.

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

1.      Mr Grylls’ excellent race riding record having regard to the number of rides which he would he would have had since his last suspension in January 2008;

2.      That the degree of carelessness was in the mid to high range as submitted by Mr Ching;

3.      That the interference to QUANTUM DUDE may have been made to look worse that it was as a result of an overreaction by that horse; and

4.      Mr Grylls’ request for a deferment.

The Committee suspended Mr Grylls’ licence from after the completion of racing on Saturday, 15 November, up to and including Wednesday, 26 November 2008 – 6 riding days. In addition, Mr Grylls was fined the sum of $2,500.      

R G McKenzie

CHAIRMAN