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Canterbury JC 11 July 2020 - R 9 - Chair, Mr S Ching

Created on 13 July 2020

Rules:
638(1)(d)
Committee:
SChing (chair)
Name(s):
Mr B Murray - Class A Rider
Mr N McIntyre - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12825
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 9, the David Lyttle Farewell Rating 62, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr B Murray, alleging careless riding in that he permitted his mount to shift ground outwards when not fully clear of TOP GHIA, resulting in a check to RELIABLE GLOW near the 450m.

(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Murray had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Murray also agreed that he understood the charge and the Rule it was brought under.

Mr Oatham, with the assistance of Stipendiary Steward, Mr N McIntyre, gave evidence and used video coverage to show that nearing the 450m, EFFERVESCENT, ridden by Mr Murray, was racing 3 wide and back, with TOP GHIA, ridden by Miss C Barnes, racing 5 wide and on the outside of EFFERVESCENT with RELIABLE GLOW, ridden by Mr K Chowdhoory, positioned on the outside of TOP GHIA. Mr McIntyre showed Mr Murray angle his mount out and shift ground outwards when looking for clear racing room and not clear of TOP GHIA. He pointed out firm contact between EFFERVESCENT and TOP GHIA, which was forced out into the rightful line of RELIABLE GLOW who had to check. Mr McIntyre stated that Mr Murray was a bare length in front of TOP GHIA when shifting out.

Mr Murray elected to make no submissions in regard to the incident.

Decision:

As Mr Murray had admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Oatham stated that Mr Murray’s record showed he had received a 5 National day suspension on 26 December 2019 at Wingatui, He described his record as good. Mr Oatham stated that this breach was mid-range and with the Covid 19 virus and restricted number of meetings at present, submitted that a 3 to 4 National day suspension be considered as penalty.

Mr Murray made no submissions on penalty but requested a deferment until after racing on 17 July at Invercargill.

Reasons For Penalty:

The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee also assessed this breach as mid-range. There were no aggravating factors to consider and we acknowledged Mr Murray's record as a neutral factor. Due to the Covid 19 implications and restricted riding opportunities going forward, we determined that Mr Oatham's submissions on penalty were fair. We therefore determined that a fair but meaningful penalty in this case is a 4 National day suspension.

Penalty:

Mr Murray’s application for a deferment until after racing on 17 July is granted. Accordingly Mr Murray's Class B Jockey's licence is suspended from the conclusion of racing 17 July up to and including 24 July 2020.

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