Winton JC 28 November 2014 – R 3 (heard on 5 December 2014 at Riccarton)

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startdate: 28/11/2014

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hearing_title: Winton JC 28 November 2014 - R 3 (heard on 5 December 2014 at Riccarton)

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BEFORE A JUDICIAL COMMITTEE AT CHRISTCHURCH

In the matter of Information A3876

RACING INTEGRITY UNIT

N McIntyre – Co Chief Stipendiary Steward

Informant

AND
A Morgan – Apprentice Jockey

Respondent

DECISION OF NON RACEDAY HEARING dated 5th December 2014

INTRODUCTION

1. Ms Morgan was the rider of “Southern Sav”, in Race 3, “The Dunstan Feeds & The Oaks Stud Handicap R75” being Race 3 at the Winton Jockey Club’s meeting held on 28th November 2014.

2. As a result of her riding actions Miss Morgan was charged with a breach of Rule 636(1)(b) of the Rules of Racing.

3. Rule 636(1)(b) reads as follows:

“636 (1) A person:

(b) being the Rider of a horse in a Race, must take all reasonable and permissible measures throughout the Race to ensure that his horse is given full opportunity to win the race or to obtain the best possible finishing place.”

4. The information was served on Miss Morgan on the 28th November 2014, in the presence of her employer, Mr M Pitman. At that time Miss Morgan advised that she did not admit the breach. The matter was accordingly adjourned for hearing at a later date. However, at Otago Racing Club’s meeting on 30th November 2014, Mr Pitman advised the Stipendiary Stewards that Miss Morgan wished to change her plea, admitting the breach of the Rule.

5. “Southern Sav” went out as the betting favourite.

FACTS

“Southern Sav” began awkwardly and raced at the rear of the field until about the 1200 metres mark. The Stipendiary Stewards were not concerned with Miss Morgan’s riding in this stage of the race.

However, at the 1200 metres mark, Miss Morgan restrained her mount and in the process, dropped back to last position at least four lengths from the second to last horse in the field. She showed no vigour in her riding style at that time. It was, in the opinion of the Stipendiary Stewards, “reasonable and permissible for her to have maintained contact with the field in front of her."

From the 1000 metres mark to the 600 metres mark, Miss Morgan rode with no apparent vigour, when she was in a situation which demanded that there was ground to be made up.

By the 600 metres mark, “Southern Sav” had no real chance of picking up the leaders of the race, which horses had quickened in the run for home.

“Southern Sav” finished 6th in field of 8 horses, 12.4 lengths from the winner.

STIPENDIARY STEWARDS’ SUBMISSIONS

Mr McIntyre submitted that it was open to Miss Morgan to give her mount a much better opportunity than she did in terms of her obligation to use all reasonable and permissible measures throughout the race to ensure that it was given the full opportunity to win or to finish in the best possible finishing place. He did not question Miss Morgan’s integrity. He was more concerned on her failure to discharge her obligation as a jockey by riding her horse in the manner required by the rule. He was concerned that a breach of Rule 636(1)(b) jeopardises the integrity of Thoroughbred Racing.

MISS MORGAN’S RESPONSE

Miss Morgan was assisted in the hearing by her employer, Mr M Pitman, Licensed Trainer.

Just prior to the race, she was expecting riding instructions, but unfortunately Mr Pitman was in the swab box with the runner of a previous race and thus was unable to give her instructions. Miss Morgan said that the horse was slow out of the barrier, and that she wanted to get on the outside of the horses in front and go around. She anticipated that it would pick up on the field. However, she said that she was mindful of the fact that in a race at Banks Peninsula, she went too early and was chided by her employer for having done so. However, she was confident in the horse’s ability as it had won when ridden by a senior jockey at the NZ Cup meeting which was after her ride at Banks Peninsula. However, the Winton track is described as a tight turning track. In the race prior, Mr D Walsh, a senior jockey for whom she has a lot of respect, had fallen from his horse in front of her, and that incident had also affected her confidence.

PENALTY SUBMISSIONS

Mr McIntyre submitted that in imposing penalty that regard must be had for the seriousness of the offence and the impact on the racing public. He informed the hearing that Miss Morgan has had 494 race day rides in her four years as an apprentice, and had 47 winning rides. He said that she has a clear record pursuant to this rule, but notwithstanding that, there was a need to maintain the integrity of, and public confidence in Thoroughbred Racing.

Mr McIntyre referred to two recent cases for breaches of this rule, namely, RIU v H (22nd August 2014) and RIU v C (6th September 2014) where the jockeys in question had each received penalties of a 4 week suspension. In the case of H, that involved an effective penalty of 5 race days, and in the case of C, 6 race days.

In summary, Mr McIntyre believed that a 4 week suspension should be imposed.

In response, Mr Pitman said that Miss Morgan was particularly upset by Mr D Walsh’s fall in the race before. He said that Mr Walsh has been a good friend and mentor to Miss Morgan, over the last year, following a personal tragedy. He said that “Southern Sav” was not an easy horse to ride, and that he regretted not being able to give her riding instructions due to circumstances beyond his control. He said that the horse is a big horse and was racing on a wet and tight turning track. In hindsight, he thought that he should have had a senior rider aboard.

Miss Morgan apologised to the hearing for her actions on the day.

PENALTY DECISION AND REASONS

The following oral penalty decision was given on the day of the hearing.

“Miss Morgan, you know that your ride on the day at Winton, was not a good display of your riding skills and this committee knows that you are a skilful apprentice jockey, with a good future in racing assured.

The Judicial Control Authority’s Penalty Guide provides as starting point for a breach of this rule a suspension of 6 weeks.

Against that, we must take into account aggravating and mitigating factors in order to arrive at an appropriate penalty for this breach.

The aggravating factor is that you were riding a favoured horse and at an important stage of the race you simply did not make any real effort to put your horse “in the race.” You held back and lost several lengths when there was no need for you to do so. You did nothing to improve your position over about 600 metres. This aggravating feature calls for an uplift on our starting point, making the starting point, a 7 week suspension.

Against that we must take into account, the mitigating factors of which there are several.

Those factors are:

• The horse was a difficult horse to ride, and Mr Pitman has acknowledged that, and said that in hindsight, he should have had a senior jockey aboard;

• The horse is a big horse, and the track was wet, and tight turning;

• You, through no fault of your own, (and through no fault of Mr Pitman) were without riding instructions;

• You were conscious of the fact that Mr Walsh had fallen in front of you in an earlier race;

• You have a good record;

• You have admitted the charge;

• You have demonstrated what we consider to be sincere remorse and this Committee is grateful for your apology.

These mitigating factors enable us to allow you a quite significant discount on the period of suspension which we express in terms of days rather than weeks. In imposing penalty, we note that you are primarily a South Island rider, but that you do ride occasionally at Whanganui and New Plymouth.

PENALTY

You will be suspended from race riding for 5 days from today until the conclusion of racing on 22nd December 2014. That suspension will begin immediately after today’s racing, and will encompass meetings at Dunedin (10th), Invercargill (13th) Ashburton (19th) Gore (21st and Taranaki (22nd).”

KG HALES                   RG McKENZIE

Chairman                   Committee Member

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Rules: 636(1)(b)

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