Charge:
Alleged breach of rule 638 (1) (d).
Facts:
Mr C Dell (represented by Mr K Gray) did not admit a breach of the rule 638 (1) (d) in that near the 1100 metre mark he permitted his mount ANDALOU to shift in when not clear of GOLD MOET which was taken inwards onto THEATRICS which was checked.
Submissions for Decision:
Mr Goodwin using the available films, side and head on (no rear film was available), stated that shortly after the start Mr Dell angled his mount inwards in the search for the lead and dictated GOLD MOET (Mr R Hannam) who in turn moved inwards and caused tightening to at least one other horse. He submitted that Mr Dell did pull off after one or two strides but by then damage, as he put it, had been done.
Mr R Hannam was questioned by Mr Goodwin and stated that Mr Dell's actions did cause pressure to his mount and he had nowhere to go except onto the horses on his inside. He couldn’t release the pressure because of the sharp angle that Mr Dell had come across on. He believed that ANDALOU was not the required distance clear when crossing.
Mr K Gray representing Mr Dell submitted that GOLD MOET was racing erratically and contributed to the incident. He did not deny that Mr Dell came across but believed Mr Hannam could have attempted to straighten GOLD MOET earlier. He felt Mr Dell was a victim of circumstances and this must be taken into consideration. Mr Dell had little to add but did, after questioning from the Chairman, concede that he was not the required distance when coming across.
Mr Goodwin in summing up acknowledged that GOLD MOET was fractious prior to the race start but did race well and ended up winning the race. He reiterated again his belief that Mr Dell was not the required distance when coming sharply across.
Reasons for Decision:
The films clearly showed Mr Dell angling his mount across looking to get handy to the pace. His actions did place pressure on GOLD MOET and his rider Mr Hannam had no option but to move into the line of at least one, possibly two, other horses. The committee concurred with both submissions that Mr Dell did pull off. However, the films clearly showed the damage by then had been done, he was possibly one or two strides too late. The Committee also notes that under questioning Mr Dell did concede he was not the required distance clear.
Mr Gray asked the committee to consider the erratic racing manners of GOLD MOET and that Mr Hannam could have reacted earlier. The committee believed that Mr Hannam was entitled to be where he was and that he had no other options when Mr Dell angled his mount sharply across. While conceding that GOLD MOET proved a handful in the birdcage we were not swayed by Mr Gray’s comments on the horse's racing manners. He did after all win the race.
Submissions for Penalty:
Mr Goodwin produced Mr Dell's record which he indicated was not good. He has had seven suspensions in the last 12 months with the latest being on 18 January 2013.He classed the interference in the mid range and reminded the committee that at least one other horse was affected in the incident. Mr Dell, he submitted, was a North Island rider only and asked for a period of suspension of at least five days.
Mr Dell said he was a busy rider, riding at about 3 meetings a week and has not been suspended under this rule for two months. He asked that, if he were to be suspended, it be deferred until after racing on Wednesday 27 March 2013.
Reasons for Penalty:
Mr Dell in coming to our decision to impose a period of suspension for this breach we have carefully considered the submissions placed before us. Your record is not good, and while agreeing that a number of suspensions occurred at higher grade meetings, could I remind you that careless riding is careless riding whether it occurs at a low key meeting at Waipukurau or a major day at Ellerslie. The one redeeming factor in the incident was that you did pull off albeit one or two strides too late. Mr Goodwin has asked for a period of suspension of at least five days, we however view the incident at a higher range of offending because your actions placed Mr Hannam in a difficult position and two other horses and their riders were affected.