Reefton JC – 11 January 2006 – Race 8

hearingid: 24ff21f92c756e484ad69d2ef8323321

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hearing_racingtype: thoroughbred-racing

startdate: 11/01/2006

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decisiondate: no date provided

hearing_title: Reefton JC - 11 January 2006 - Race 8

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Decision:

Following the running of Race 8, the Lion Foundation Reefton Cup, J S Lawson the rider of PORTOFINO BAY was charged with a breach of Rule 866 (1) (c).     It was alleged that Mrs Lawson failed to ride her horse out at the end of the race,

Following the running of Race 8, the Lion Foundation Reefton Cup, J S Lawson the rider of PORTOFINO BAY was charged with a breach of Rule 866 (1) (c).

It was alleged that Mrs Lawson failed to ride her horse out at the end of the race, when there was a chance of it finishing in a higher position.

Mrs Lawson denied the breach.

When presenting his evidence Mr Ching had assistant Stipendiary Steward M Humphries explain the films of the race. In these Mr Humphries identified PORTOFINO BAY, who was making its finishing run adjacent to the running rail, and

It was Mr Ching's submission that the films demonstrated Mrs Lawson stop riding her mount some 6 strides short of the winning post. He went on with his submissions to state that this case was somewhat unusual in that with finishing post at this track being situated around the bend out of the straight riders could not ride in a straight line to the finish.

He concluded his submissions by stating that he acknowledged Mr Bullard's mount LIVE THE REALITY had moved in slightly as the field approached the finish of the race.

Mrs Lawson, in defending the charge, stated that PORTOFINO BAY was full of running and was making good ground on LIVE THE REALITY to a point where she was running up inside this horses flank and she had stopped riding her mount as she was running out of room.

It was her firm contention that had she continued to ride PORTOFINO BAY then she would have been placed in a perilous position by the time the finish of the race was reached due to the runners on her outside moving in on her.

She believed she would have been inside LIVE THE REALITY when the horses hit the bend approaching the winning post and therefore her safety and the safety of others would be in jeopardy.

She contended that due to the outside runners having a natural tendency to track the rail combined with her mount having been only half-way into the gap as the end of the straight was reached, that she and her mount would have been in a very vulnerable position.

Mrs Lawson also stated that she had called to Mr Bullard for room, however he was unresponsive and continued on an inward movement and as such she was compelled to stop riding her horse.

She used the films to demonstrate where Mr Bullard was moving into her line of running and Mr Ching confirmed this.

At this point of the enquiry the committee, along with Mr Ching and Mrs Lawson, left the room and went out to look at the winning post area. The purpose of this was to gauge how far past the end of the straight the winning post was as the films were not at all clear on this point.

From our inspection we believe that the winning post is some 18-20 metres past the end of the straight and around the bend.

Mr Ching advised the committee that as horses reached a corner they had a tendency to roll inward and that this was significant in this case as the winning post was situated around the corner.

In summing up his case Mr Ching stated that this was not an easy case to put together and he had taken advice from the Chief Stipendiary Steward who had advised to put the case up and let the committee decide. It was Mr Ching's belief that Mrs Lawson had breached the rule however he believed there were mitigating factors in Mrs Lawson favour in that the winning post was around the corner and also that she believed that the gap ahead of her was closing.

When determining this charge this is not a situation where the matter should be determined by the application of an objective test but rather this case where a subjective test needs to be applied.

What we therefore have to decide is that wether the actions of Mrs Lawson in not riding PORTOFINO BAY out to the finish of the race were acceptable in the circumstances that existed at the time.

Mr Ching has submitted that Mrs Lawson has taken a hold of her horse prior to the finish of the race when it had a reasonable chance of finishing in a higher placing. However Mr Ching has also submitted that with the winning post being around the bend that this makes this case different from nearly all other cases involving breaches of the Rule 866(1)?. Mr Ching has also stated that LIVE THE REALITY was moving in slightly in the run to the finish, which is a factor in Mrs Lawson's favour.

Mrs Lawson, in defending the charge, has submitted that she has stopped riding PORTOFINO BAY out due to her believing that, to continue to do so would have resulted in her running out of room and exposing her, her horse and her fellow riders and their horses to considerable danger.

What has been established, and what is not in dispute, is that with approx 100m to run PORTOFINO BAY has been making it's finishing run adjacent to the running rail and inside LIVE THE REALITY. At this point in the race PORTOFINO BAY has been improving its position in relation to LIVE THE REALITY and as such has been closing in on this horses inside flank. Approx 10 metres prior to racing into the bend and some 30 metres from the finish Mrs Lawson has stopped riding her mount and it has finished in behind LIVE THE REALITY in fourth position

When considering this charge there are several matters that are of significance to us, none more so than the position of the winning post, which we believe is of considerable significance. As unlike practically all other tracks in the country, riders at Reefton are required to race past the end of the straight and then travel some 20m into a bend before they reach the finish and can stop riding. This factor, together with the propensity for horses to roll into corners as they exit the straight makes it very difficult for riders of horses tracking close to the rail, and who are finishing well, to obtain an unimpeded run right through to the finish of the race.

In this case LIVE THE REALITY has been moving in toward the rail and it has been Mrs Lawson's belief that her situation would have become dangerous should she have continued riding through to the finish.

Also of considerable significance is that PORTOFINO BAY has been finishing strongly and as such has been driving into a gap when Mrs Lawson has stopped riding.

We find that had Mrs Lawson continued to ride PORTOFINO BAY out to the finish of the race that a real risk existed that she would not have been able to do so without being impeded in some way.

In reaching this determination we record that there are a number of factors that we consider of significance in this case. These being; -

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1. The position of the winning post.
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2. The momentum at which PORTOFINO BAY was finishing in the race.
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3. The inward movement of LIVE THE REALITY.

The committee finds, after carefully considering all that we have seen and heard, that it was not unreasonable for Mrs Lawson to stop riding her horse out when she did and as such we are dismissing the charge.

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hearing_type: Old Hearing

Rules: 866.1.c, 866.1

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race_title: Race 8

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meetdate: 11/01/2006

meet_title: Reefton JC - 11 January 2006

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name: Reefton JC