Racing Tauranga – 14 November 2009 – Race 3

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hearing_racingtype: thoroughbred-racing

startdate: 14/11/2009

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hearing_title: Racing Tauranga - 14 November 2009 - Race 3

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Following race three an information was filed pursuant to Rule 638(1)(d).  The informant, Mr R Neal, alleged that MISS RAGGEDY ANN ridden by Mr V Ho shifted in near the 1100 metres when not the required distance clear.  This caused a check to DOWNLOADED (M Sweeney).

Following race three an information was filed pursuant to Rule 638(1)(d).  The informant, Mr R Neal, alleged that MISS RAGGEDY ANN ridden by Mr V Ho shifted in near the 1100 metres when not the required distance clear.  This caused a check to DOWNLOADED (M Sweeney).

Mr Ho pleaded guilty to the charge and was represented by his employer, Mr A Scott.

Mr Robinson demonstrated the video films which clearly showed Mr Ho riding MISS RAGGEDY ANN, angle his mount in towards the running rail from his wide draw.  In doing so he moved into the line of DOWNLOADED when a bare length clear of that runner.  Mr Robinson said it was clearly evident that Mr Sweeney had to check his mount to avoid heels.

Mr Scott, on behalf of Mr Ho, said MISS RAGGEDY ANN was a difficult horse to ride and believed Mr Ho’s carelessness was at the lowest end.  He believed Mr Ho only misjudged his inward movement by centimeters.  He said Mr Ho was looking inside him when moving in and he did not hear Mr Sweeney call out.

PENALTY SUBMISSIONS:
Mr Neal told the Committee this was Mr Ho’s fifth charge since last May and his record was of concern to Stewards.  He said several of those charges were similar to today with Mr Ho taking the line of runners when not clear.  However, he submitted this was at the lower end and believed five to six days would be appropriate.

PENALTY:
The Committee carefully considered all evidence and submissions before imposing an appropriate penalty.  In mitigation we have taken into account Mr Ho’s guilty plea.  However, the aggravating factor in this case is Mr Ho’s record with this charge being his fifth since last May.  The Committee voiced their concern to Mr Ho telling him an important part of race riding was riding with concern for his fellow riders.  However, we concede that in this case Mr Ho’s carelessness was relatively minor with Mr Sweeney only receiving a moderate check. 

Taking all the above factors into account we impose a suspension on Mr Ho from riding in races which is to start after the conclusion of racing on 21 November and finish after the conclusion of racing on 2 December 2009 (5 days).  It was explained to Mr Ho that this penalty would normally have been six days, but because of his guilty plea this was reduced to five days.

R Seabrook    
CHAIR
6065

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Rules: 638.1.d

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