Taranaki RC – 18 March 2009 – Race 5

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startdate: 18/03/2009

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decisiondate: no date provided

hearing_title: Taranaki RC - 18 March 2009 - Race 5

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Decision:

Under Rule 871 (1) (d) : The information alleges that L Callaway permitted his mount FOREVER to shift inward near the 1000 metre, when not clear of YESH SHINKO (D Bradley) forcing this runner inward which resulted in checks to THE STIG (T Thornton) and HEYERDAHL (M Walker).

Under Rule 871 (1) (d) : The information alleges that L Callaway permitted his mount FOREVER to shift inward near the 1000 metre, when not clear of YESH SHINKO (D Bradley) forcing this runner inward which resulted in checks to THE STIG (T Thornton) and HEYERDAHL (M Walker).

Mr Callaway was present at the hearing and did admit the breach. 

The rule was read and Mr Callaway acknowledged he understood same.

Mr Sanders demonstrated and interpreted films of the alleged incident to the Committee, these clearly showed Mr Callaway’s mount shift in when not sufficiently clear and cause checks to three horses inside him.

Mr Callaway when asked had no questions of Mr Sanders nor did he wish to put his interpretation on the Films shown.

For his part Mr Callaway thought he had in his words “come across a little bit”  He also said his mount was a bit green, but acknowledged he could have done a bit better.

Mr Sanders gave the Committee Mr Callaway’s record which Mr Callaway acknowledged was correct.

Mr Callaway is to start a suspension at the conclusion of racing on the 20th March and is suspended until the conclusion of racing on the 27th March.  This suspension was incurred on the 14th March so he is riding today on a “Stay of Proceedings”.  Prior to this he had been suspended on the 21.1.09 (4 days) and the 6.12.08 4days.  The 14th March suspension is for 5 days

In his submission as to penalty Mr Sanders referred to Mr Callaway’s record which he stressed was not good.

He also said Mr Callaway had not shown due care for his fellow riders and he felt one who was riding under a Stay of Proceedings would have been more vigilant, but Mr Callaway in his opinion had shown gross carelessness on this occasion, and it was at the higher end of carelessness and warranted a term of suspension of not less than eight days.

Decision and Reason

Prior to arriving at a decision the Committee took into account Mr Callaway’s admission of the breach and his co-operation with the Stewards.  These factors however were heavily outweighed by the fact his breach was not minor and they considered it to be at the top end or carelessness, also his record was to say the least not good.

When Mr Callaway’s suspension ends on the 27th March he is further suspended until the conclusion of racing on the 11th April 09.  (In effect 10 days which includes 2 South Island days).

B Holland

Chair

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hearing_type: Old Hearing

Rules: 871.1.d

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race_title: Race 5

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meetdate: 18/03/2009

meet_title: Taranaki RC - 18 March 2009

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