Racing Tauranga – 27 March 2010 – R 4

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hearing_title: Racing Tauranga - 27 March 2010 - R 4

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RACEDAY JUDICIAL COMMITTEE DECISION

Information No:  7628

Meeting:  Racing Tauranga (heard at Ellerslie on Monday 5 April 2010)

Date:  27 March 2010

Venue:  Tauranga

Rule No:  638 (1) (C)

Judicial Committee:  R Seabrook, Chairman – A Dooley, Committee Member 

This is an adjourned enquiry arising from the Racing Tauranga meeting on 27 March 2010.  The informant, Mr C George, filed an Information pursuant to Rule 638 (1) (C).  He alleged that Mr A Calder, rider of SPIRIT OF SANDFORD, rode his mount in an improper manner between the 1300 and 1000 metre marks. Mr George stated that Mr Calder intentionally directed his mount in and made heavy contact with DANE RULER for some 200 metres. 

Mr Calder did not admit the breach.

Mr George opened the enquiry by saying NZTR did not wish to call Mr J Waddell, rider of DANE RULER, as a witness, but would adjourn the enquiry and do so if the Committee thought necessary.

Mr George proceeded to outline the Prosecution’s case before calling Mr Williamson to demonstrate the video films.  He said Mr Calder rode his mount SPIRIT OF SANDFORD forward to go up on the outside of DANE RULER.  Mr George said he did so to make direct contact with that runner.  He said it was evident that Mr Calder raised his right elbow in this endeavour and that the buffeting went on for 200 metres.  He said the videos show that Mr Calder rode forward in a manner to intentionally push Mr Waddell back in towards the rail.  Mr George also informed the Committee that upon questioning Mr Calder on the race day itself, he said he was not happy with Mr Waddell flushing him 3 wide.

Mr Williamson then demonstrated the video films and pointed out to the Committee SPIRIT OF SANDFPORD racing in a 3 wide position approaching the 1300 metres and free from any interference.  He showed DANE RULER racing in a 2 off position on the inside and slightly ahead of SPIRIT OF SANDFORD.  Mr Williamson demonstrated to the Committee Mr Calder raising his right elbow and directing his mount inwards, endeavouring to push DANE RULER in. 

Mr Calder said that when Mr Colgan, riding POST MASTER BAY, who was racing ahead of the 2 horses in question, moved forward, Mr Waddell angled out into his line.  He said he had to put pressure on Mr Waddell to move him back in.  He admitted he buffeted DANE RULER but felt that Mr Waddell had put equal pressure on him.  However Mr Calder did admit to being careless but denied the improper charge.  He believed he was riding competitively and not in a malicious manner towards Mr Waddell.  He conceded in hind sight it was a stupid move and somewhat over competitive if not embarrassing.  His intention was to push Mr Waddell back in and ‘nail him’ there.

Mr George in summing up said it was very clear on the videos that Mr Calder was not happy to be flushed 3 wide.  He said Mr Calder should have come back behind DANE RULER instead of moving up and intentionally make contact to push him back in.  He said the pressure from Mr Calder went on for 200 metres and certainly did not fall within the bounds of careless riding.  He also said it was not accidental on Mr Calder’s part therefore leading to the improper charge before us today.  Mr George concluded by saying this type of riding is a major concern to Stewards and in no way can be condoned. 

Mr Calder, when asked, had nothing further to say.

DECISION

The Committee carefully considered all evidence and reviewed the video films.  We have taken into account Mr Calder’s assertion that Mr Waddell had moved out into his line and flushed him 3 wide.  Mr Calder also stated in his evidence that when he had moved up outside Mr Waddell he received pressure through Mr Waddell’s mount moving out slightly.  In addressing these 2 issues and while the Committee concedes there was slight outward movement from Mr Waddell, it is the actions of Mr Calder which give us the most concern.  It is clear to the Committee that Mr Calder did move his mount forward with the express intention of pushing Mr Waddell back towards the rail.  He was never the required distance clear and was the instigator of the buffeting to DANE RULER for some 200 metres.  The video clearly shows Mr Calder angling his mount in, resulting in SPIRIT OF SANDFORD’S HEAD being turned in.  The Committee also noted Mr Calder’s right elbow being raised towards Mr Waddell’s mount showing his intent to force pressure on Mr Waddell.

Accordingly we find the charge proven.

PENALTY SUBMISSIONS

Mr George told the Committee that Mr Calder did not normally give trouble but the penalty imposed today should contain a deterrent element.  He said in this charge intentional contact by Mr Calder was proved which the Committee should consider.  He stressed safety was paramount which could have been compromised in this case.  He submitted a period of suspension of 3 – 5 weeks would be appropriate.

Mr Calder said he had confirmed rides until after racing on 10 April 2010.  He referred to 2 previous cases under this rule which resulted in 8 and 10 day suspensions being imposed.  He said his actions were potentially risky but not dangerous and there were no grounds for an accident.

PENALTY

The Committee carefully considered all submissions before imposing an appropriate penalty.  As this is an unusual charge the Committee referred to the penalty guide which recommends a 3 week suspension in this case.  We are mindful that Mr George has asked for a suspension of 3 – 5 weeks.  However the Committee is imposing a suspension at the low end of what he is asking for, for the following reasons.

Mitigating factors in this case are that the offence occurred in a $15,000 race.  The videos did show that Mr Waddell had moved out slightly ahead of Mr Calder which then led to the latter taking retaliatory action.  Mr Calder is a rider who does not normally offend and in this case we do not believe his actions were malicious. 

The aggravating factor is the intent shown by Mr Calder which the Committee believes was retaliation against Mr Waddell for being flushed 3 wide.  In response to Mr Calder’s reference to the 8 and 10 day suspensions imposed under this rule, the Committee notes they both occurred post race.

Balancing all the above factors and being mindful of the necessity of a deterrent element we impose a suspension on Mr Calder from riding in races which is to start after racing on 10 April and conclude after racing on 1 May 2010 (3 weeks)

Richard Seabrook                    Adrian Dooley

CHAIR                                     Committee Member

7628

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Rules: 638 (1) (c)

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