Waikato RC 17 January 2015 – R 9 (heard on 31 January 2015 at Te Rapa)

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hearing_title: Waikato RC 17 January 2015 - R 9 (heard on 31 January 2015 at Te Rapa)

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RACEDAY JUDICIAL COMMITTEE DECISION

Waikato RC 17 January 2015 – R 9 (Heard 31 January 2015 at Te Rapa)

Informant: Mr M Williamson – Stipendiary Steward

Respondent: Mr B Hutton - Licensed Apprentice Rider of CHARCHI ARCOLA

Information No: A3572

Meeting: Waikato RC

Date: 17 January 2015

Rule No: 638(1) (d)

Race: 9

Committee: A Dooley, Chairman - R Seabrook, Committee Member

Plea: Admitted

Person's Present:

Mrs K Fursdon – Trainer assisting Mr Hutton

Mr W Robinson – Stipendiary Steward

Mr J Oatham – Senior Stipendiary Steward

Charge

This is an adjourned hearing arising from Race 9 at the Waikato RC on the 17th January 2015. The adjournment was granted by the raceday Committee on the basis that Mr L. O’Sullivan (Mr Hutton’s employer) was not present on course and he wished to view the video footage of the alleged incident. Further the Stewards advised the charge was likely to be at the high end of carelessness and it was essential Mr Hutton had representation.

This hearing took place prior to race 1 at Te Rapa on the 31st January 2015.

Following the running of race 9, Waikato Carnival of Racing R 65 – 1600 metres, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Williamson, alleged that “CHACHI ARCOLA (B Hutton) shifted in crowding KINDALEICA (L Satherley), JET TRAC, WAIPIPI LAD (J Oliver), DALEZINGA (J Wong) and WHATZ OCCURRING (A Jones), with DALEZINGA and WHATZ OCCURRING both being severely checked losing ground near the 1200 metres”.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Hutton acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mrs Fursdon assisted Mr Hutton at the hearing.

Mr Oatham represented Mr Williamson at the hearing.

Mr Robinson demonstrated the video films which showed CHACHI ARCOLA racing on the extreme outside of the field nearing the 1200 metres. He identified the 5 horses that were duly involved in the interference. He said that KINDALEICA moved in and away from CHARCHI ARCOLA which initiated the interference which followed. He added this movement was of no concern to the Stewards. He then went to point out Mr Hutton directing his mount inwards when only half a length clear of Mrs Satherley. He said this resulted in 5 horses being affected due to the inward pressure being applied by Mr Hutton. He added both DALEZINGA and WHATAZ OCCURRING were both severely checked.

Mr Hutton did not wish to question Mr Robinson’s interpretation of the alleged incident.

Mr Hutton told the Committee that Mrs Satherley was slapping her mount on the shoulder and he simply followed her across. He said there was no contact between the 2 horses and he had no desire to cross Mrs Satherley.

Mrs Fursdon said she agreed with Mr Hutton’s interpretation of the interference and believed that Mr Hutton allowed Mrs Satherley to take his mount across. She conceded the inward shift resulted in a domino effect to the horses on their inside.

Decision

As Mr Hutton admitted the breach we find the charge proved.

Submissions For Penalty

Mr Oatham produced Mr Hutton’s record which showed 2 previous breaches under this Rule in the last 12 months, namely 12 December 2014 and 16 January 2015. He described this as a neutral factor in this charge. He said the interference was at the high end but submitted Mr Hutton’s carelessness was mid - range. He conceded that Mrs Satherley had contributed to the interference by shifting away from Mr Hutton’s mount. However, Mr Hutton continued to allow his mount to shift in when not sufficiently clear. He submitted a 5 to 7 day suspension would be appropriate.

Mr Hutton advised that he had upcoming engagements at Tauranga on 5 February, and any proposed suspension could commence after that.

In response to a question from the Committee, Mr Oatham was unable to advise how many rides Mr Hutton had in the last 12 months.

Reasons For Penalty

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Hutton’s admission of the breach and we accept that Mrs Satherley did move in slightly which made a small contribution to the interference. However, the films clearly showed from that point on Mr Hutton directed his mount in when only half a length clear of Mrs Satherley. This resulted in 5 horses being checked to various degrees, the most notable being WHATZ OCCURING which hit the running rail and nearly dislodged its rider. Also severely affected was DALEZINGA. While we assess the carelessness to be mid – range the consequences of the interference was significant in that 5 horses were involved.

The Committee is concerned that from limited riding opportunities Mr Hutton has breached this Rule on 3 occasions in the last 12 months. We assess Mr Hutton’s record to be only fair as he was away from race riding for some time during the last 12 months due to an injury.

The Committee considers Mr Hutton to be a North Island rider.

The Committee has given a reduction in penalty to Mr Hutton for his admission of the breach and the minor contribution to the interference by Mrs Satherley’s mount.

After taking into account all the above factors we consider an appropriate penalty is a 6 day suspension.

Penalty

Accordingly, we impose a suspension on Mr Hutton which will commence after racing on 5 February and conclude after racing on 13 February (6 North Island days).

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hearing_type: Old Hearing

Rules: 638(1)(d)

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