Non Raceday Inquiry – J Collett

hearingid: 7156c21c1bc4b4ccbe3f8741262a9000

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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decisiondate: no date provided

hearing_title: Non Raceday Inquiry - J Collett

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IN THE MATTER                  of the New Zealand Rules of Racing

AND

IN THE MATTER               of Information No.65286

BETWEEN                        Cameron George, Senior Stipendiary Steward

                                         for New Zealand Thoroughbred Racing  -  Informant

AND                                 Jim Collett of Tirau, Licensed Jockey     -  Defendant

DATE OF HEARING:          Friday, 17 November 2006

VENUE:                              Boardroom, Waikato Racing Club, Hamilton

JUDICIAL COMMITTEE:   GG Hall (Chairman),    RM Seabrook  (Member)

PRESENT:                          Mr C George  (Informant)

                                          Mr J Collett    (Defendant)

                                           Mr F Powrie,    (NZTR)

                                           Mr J Oatham,  (Stipendiary Steward)

                                           Ms M Stanbury  (Registrar)

DATE OF DECISION:   24 November 2006

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                                  RESERVED DECISION OF JUDICIAL COMMITTEE

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THE CHARGES: Information 65286 alleges as follows:

The relevant Rule provides as follows:

Mr George stated that BLACK ORLOV had finished 10th some 6.1 lengths from the winner. He demonstrated on the videos that the defendant had directed his horse back to the fence inside LINDA?S LOLLIES at a time when he could have improved his position with a clear run on the outside of LINDA?S LOLLIES. He said Mr Collett had put himself in a position where he required luck to finish the race off. He demonstrated that over the last 500m in his view BLACK ORLOV was not hanging or running in. At the 400m mark when other jockeys were "getting busy" the defendant was just sitting there, and the horse did not move out until it was given a couple behind the saddle when it then made up ground. In his opinion, Mr Collett had shown vigour too late and this was unacceptable in the circumstances.

As Mr Gavin McKeon had to catch a flight out of Hamilton he gave evidence, with the leave of Mr George, prior to Mrs Guthrie being called. Mr McKeon stated that prior to race 10 he had at his own initiative spoken to Mr Collett and told him that BLACK ORLOV was a difficult horse to ride. He was aware it was Mr Collett's first ride on the horse. He said that he told the defendant it would miss the start, pick up the pace, over-race and be hard to hold. Once off the mouth, the horse was ok, but, if you had to take hold of the horse, it was difficult to steer. He said he did this out of common courtesy and had similarly spoken to other jockeys prior to their riding the horse, namely Hayden Tinsley and Michael Walker. He described a difficult ride he had had on the horse some 2 months earlier, the 3rd of August he believed. He said the horse had been hanging and that he was in great difficulty throughout the race. He said he had made a run on the outside, the widest horse of all, but BLACK ORLOV had failed to run on, not responding to his use of the whip. He concluded by saying BLACK ORLOV was a "very very difficult horse", and better suited to 1200m because it was hard to hold on a slower pace. With respect to racing on the day in question, he said there was better footing to the inside; it was very difficult to make up ground on the middle or the outside of the track. The 3m strip near the rail was the best ground, due to the rail having being moved prior to racing. The jockeys had all tried to race near the fence on the day. With specific reference to Mr Collett's ride, he said Mr Collett was in difficulty some time after the start and at the 600m mark he was 3 wide. Had he remained 3 wide at the turn, he would have had to cover extra ground. He said unless his horse was travelling like a winner he would himself not go to the outside. He said it looked to him that Mr Collett had taken the opportunity to put a horse on his outside in an endeavour to stop BLACK ORLOV moving out. He reiterated his knowledge of BLACK ORLOV's racing habits, in particular to over-race once he picked up the bit. He observed that Mr Collett appeared to be cautious as to where he was placing BLACK ORLOV in the running and was continually avoiding heels. He believed that once Mr Collett was in the straight his options were limited. It had been a difficult ride; he needed to be near the fence. He had to work it out at the time. In the circumstances, he thought Mr Collett's ride was acceptable.

Mrs Guthrie, the wife of BLACK ORLOV's trainer, said that the instructions were to ride BLACK ORLOV cold and really let him down when he was asked to go. She said she thought the horse had a chance to win the race despite the slow start. She was disappointed as she did not believe the horse had come home as best he could. She was disappointed with the ride home; Mr Collett in her view had not shown the necessary vigour. She had given no instructions concerning an inside or outside run. She rode the horse on the beach and he was easy to ride. She acknowledged when Gavin McKeown had got off the horse, he had said to take off the nose band. She said the horse had not run home well on that occasion and had had snot in his nose after the race. She said McKeown had not expressed concerns to her about the tractability of BLACK ORLOV. She said the time Hayden Tinsley rode the horse it had twisted a plate and was lame after the race and bleeding from the hoof. She said Michael Walker had wanted to stick with the horse and had had a 2nd and a 1st on it in recent starts. She also said that she had been informed by her husband that the horse was not going to do any good on the day as the jockey was scared of the horse. She acknowledged the horse was on the toe in the birdcage and had backed into the rose garden prior to being mounted. It had had to be led out by the clerk of the course. She also said if a jockey took hold of the horse "he?ll take his hook". If the jockey changed his hold on the horse he would race keener.

Mr George reiterated there was insufficient vigour in the ride home. Mr Collett's ride lacked purpose. After he moved to the inside, was relying on luck. Only in the last 150m when Mr Collett had angled out did he push his horse to the line.

Mr Collett said BLACK ORLOV was worked up prior to the race. It had run its race prior to going out on the track. The horse had over-raced and hung out for most of the race. He said he had lost at least 4 lengths when the horse jumped and BLACK ORLOV had raced fiercely for the first 700 to 800m. He said had he stayed on the outside of LINDA?S LOLLIES he would have ended up following STAR OF MULWALA which ended up 10 wide in the straight. He observed that STAR OF MULWALA finished 12th in the race 7.9 lengths from the winner. He estimated at the turn for home he was some 12 to 15 lengths from the leader. He was aware he was riding a non-winning maiden in a race where 11 of the 15 were winners. Had he continued 3 wide, he said he would have lost more ground. The best part of the ground was close to the rail. He thought by moving down on the inside of LINDA?S LOLLIES he was giving his horse the best opportunity. He said he had pushed his horse to the line. He demonstrated he had used the whip twice and emphasised his arm movements. He said a run had not immediately presented itself when the field fanned out for the run home. He was aware Lisa Cropp was looking for a run and he was hoping to move into the space she vacated, as often a jockey moved a stride or 2 too soon and the run would then present itself. He hoped this would be one of those occasions. He concluded by saying he was teaching his daughter to ride and should she ask him for guidance were her horse slow away and racing poorly, he would tell her to ride for luck; racing 3 wide was not going to give the horse a better chance. In his riding career which had spanned 30 years and some 18,000 rides, in a number of countries, he had never been charged with a breach of this rule. The horse was clearly difficult to ride and he was innocent of the charge.

We deal with the information having regard to the two issues as identified by the informant. First, the defendant's actions prior to and at the 500m. BLACK ORLOV was slow away from barrier 4. It settled at the rear of the field and raced ungenerously. It was hanging, over-racing, proving hard to hold, and thus giving the defendant a difficult ride. We do not believe the defendant failed to take all reasonable and permissible measures to obtain the best possible finishing place and position by taking a run inside LINDA?S LOLLIES. BLACK ORLOV was hanging at this time and we accept that having LINDA?S LOLLIES on his outside was going to assist BLACK ORLOV to get round the bend. In addition, we accept the evidence that there was a track bias on the day and that the better going was within 3 metres of the running rail. We also accept the defendant's submission that had he stayed on the outside of LINDA?S LOLLIES, he would have been 3 wide on the turn and would have been forced to make his run wide out on the track. He would thus have covered extra ground on what was not the best part of the track on the day.

We find the defendant's actions at the 400m to be more problematic. We have some concern at his apparent display of a lack of vigour at this significant point in the race. That said, the field had fanned out for the run home by this time. The defendant was balancing the horse and it was apparent from the back-on video that there were no obvious gaps in the field wherein BLACK ORLOV could mount a run. The defendant's explanation, as noted, was that he saw Lisa Cropp was looking for a gap and decided to wait until she moved so that he could move up into the position she had occupied in the field. We observe that when the gap came BLACK ORLOV finished on fairly after being given a couple behind the saddle. We are concerned that the defendant remained a length to a length and a half behind the field at the 400m mark, but in light of the clear riding instructions to ride BLACK ORLOV cold and to give him one run at it, and the warnings he had received from Gavin McKeown that the horse was difficult to restrain or control once he had picked up the bit or taken a hook, we see the defendant's actions as being understandable and, more importantly, not to be in breach of Rule 866(1). In these circumstances the charge against Mr Collett is dismissed.

Submissions on costs are to be filed within 10 days of the date of this decision.

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hearing_type: Old Hearing

Rules: 866.1

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