Facts:
Following the running of race 3, the “Loaders Landscaping Supplies 1200”, Information A7697 was filed by Stipendiary Steward, Mr D Balcombe under Rule 636(1)(d). The Information stated “in that rider M Hills failed to ride his mount out fully when able to do so”.
Rule 636 (1) (d) states “A person…..being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared”.
At the beginning of the hearing Mr Hills confirmed he understood the Rule under which he was charged and also that he admitted the breach of the Rule.
Mr Balcombe, using the side-on film from approximately the 300m mark, identified Mr Hills racing in the middle of a group of 5 horses racing on the pace. He said at this point Mr Hills was in a challenging position but as the other 4 horses around him began to improve Mr Hills’ mount was unable to do in the track conditions (a slow 8). Mr Hills could then be seen to be easing his horse down, particularly in the last 100m, and then approximately 3 strides from the finish he briefly rode with vigour when he realised there was a horse to his outside and much closer to the outside rail. That horse, “Hooflung”, did out finish Mr Hills’ horse for 5th place with Mr Hills beaten by a long neck.
To a question from the Committee as to whether there were any mitigating circumstances to consider Mr Balcombe said Mr Hills’ horse was beaten as soon as the pressure went on over the final 200m and he miscounted the number of horses in front of him.
Mr Hills said it was an error of judgment on his part. He said he had a few things on his mind and had not realised there was only four horses in front of him close to the post. He confirmed he did see the horse that eventually finished in 5th place out the corner of his eye and rode with vigour over the final 3 strides but clearly had not done enough to hold 5th place.
Submissions for Penalty:
Mr Balcombe had no specific submissions on penalty other than to say that it should be a fine at the low end.
Mr Hills had no submissions to make on penalty.
Reasons for Penalty:
The Committee has reviewed the films of the final 250m of the race. It is clear that Mr Hills’ horse was unable to improve at the 250m mark when 4 of the other 5 horses that were around him were able to do so. Mr Hills then eased the pressure on his horse and over the final 100m eased the horse right down not realising there was a horse to his outside and behind him. As he got to within 3 strides of the post he rode with some vigour but was unable to hold onto 5th place being beaten by a long neck. There were only 6 horses in the race and Mr Hills thought that as he approached the line he was in last place but that clearly was not the case although he did end finishing last of the 6 horses. We also accept that this was an error of judgment (that cost the connections of his horse $175) but nevertheless there is a requirement on all riders to ensure they ride out to the finish of the race if there is a reasonable chance of them running into a position for which, in this case, there is prize money to be awarded.
The JCA’s Penalty Guidelines state the starting point for a breach of this Rule when 5th place has been lost is a fine of $300. The Committee notes that Mr Hills is very experienced rider, has not breached this Rule in the previous 12 months and has admitted the breach at the earliest opportunity. We believe on this occasion a fine is an appropriate penalty and taking into account the mitigating factors above that a small reduction from the starting point of $300 should be applied.