Ashburton RC 19 January 2023 – R4 – Lisa Allpress

Evidence

Following the running of Race 4, the Respondent, Ms Allpress was charged with a breach of Rule 636(1)(d).  The Information alleged that Ms Allpress failed to ride her mount ESME out to the end of the race when there was a reasonable chance of finishing in 4th placing.

Ms Allpress acknowledged she understood the Rule and confirmed that she did not admit the breach.

Rule 636 (1) (d) provides:

A person: (d) 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;

Ms Algar, with the assistance of Mr Oatham showed the videos of the final stages of the Race. Mr Oatham said that Ms Allpress was riding down the straight with vigour but then stood up in the saddle for two strides, going on three strides, from the finish. Mr Oatham said the margin between her and the horse which did take 4th place was half a head. Mr Oatham said that up until that point Ms Allpress had used the whip four times, was using her hands and heels, had swapped the stick and whipped her mount one more time. Mr Oatham submitted that at the point where Ms Allpress sat up she was holding 4th place.

Ms Allpress said she had done everything she could to encourage her mount home. She said she knew her mount, ESME, well and she could tell that she was not feeling right. Ms Allpress said the track was firm and her mount was a weak filly. Ms Allpress said that the post race vet report showed that ESME was not recovering as well as usual and had an elevated heart rate. Ms Allpress accepted that it was clear she had stood up in the stirrups but it was because her horse was not making any more ground and she had ridden vigorously to that point but her horse had nothing more to give. Ms Allpress said the reason she did not punch to the line was because she was putting her horse’s welfare first. Ms Allpress said she told the Stewards that ESME did not feel right when they came to speak with her. Ms Allpress further said that she did not accept that she would have ever run 4th. Ms Allpress said at the point she stood up in the stirrups the other runner had the advantage over ESME.

Mr Oatham accepted that the horse had an elevated heart rate but raised the fact that if Ms Allpress had such grave concerns for her horse she had an obligation to speak to the Stewards about it and she did not. Furthermore, Mr Otham said that ESME had a slow recovery which suggested she had tried hard in the Race but there was no further abnormality.

Reasons for Decision

It was clear that Ms Allpress had stood up in the saddle a few strides out from the finish of the Race, therefore this element was accepted. The issue was whether or not there was a reasonable chance she would have finished in 4th position. Ms Allpress raised the welfare of her horse. The issue is, therefore, whether or not this provides a defence to the charge. While it is accepted that the Jockey is most likely in the best position to evaluate how the horse is feeling while running in this case the particular matters raised are not to such a level so as to provide a defence to the charge. As raised with Ms Allpress at the hearing, it could be said that there is an unhappy relationship between this Rule and welfare concerns of pushing a spent horse. However, Ms Allpress accepted she could have simply remained down in her saddle for the few strides of the concluding stages which would have satisfied her welfare concerns yet given the appearance to the public of still riding out the horse.

The Adjudicative Committee found assistance in viewing the two camera angles side by side to see the margin between the two runners at the  point when Ms Allpress stood up. These camera angles show that Ms Allpress did have a slight advantage over the other runner and therefore there was a reasonable chance that over the few concluding strides she may have finished 4th.

Decision

On that basis the charge was found proved.

Submissions For Penalty

Ms Algar said that Ms Allpress had no relevant prior breaches within the last 12 months and submitted that the appropriate starting point, in reference to the Penalty Guide, was 2 weeks. Ms Algar said there were no aggravating factors present and that this was at the lower end of the scale.

Ms Allpress stressed what a suspension would mean for her. She outlined that she is a busy rider who rides in both Islands.

Reasons For Penalty

The submissions made were carefully considered. As per the Penalty Guide a starting point of two weeks is adopted. From here the following factors are considered to be mitigating; the narrow margin being only half a head, the short period of a few strides where Ms Allpress had not ridden out and her good record. If granted her deferment a two week suspension would mean a starting point of a suspension of 9 days. Ms Allpress had pressed upon the Committee what that would mean to her given the number of days she would be missing as well as the nature of the days. The Stewards agreed that she was a busy Rider.

In reaching the decision the Committee considered the decision of Courtney Barnes from 12 February 2022 where a discount of 3 days was considered appropriate for similar factors being present. In this case the Committee finds assistance in the post race vet exam which confirmed the horse did have a slow recovery which is in keeping with what Ms Allpress said she felt, this can be considered a further mitigating factor. A discount of four days is appropriate when considering all of the mitigating factors present. Accordingly, the end point is a suspension of 5 days. It is agreed that this is at the lower end of the scale for this type of breach and given any period of suspension will have an added impact on Ms Allpress given she is a busy Rider the penalty of 5 days is appropriate.

Ms Allpress sought a deferment to 28 January 2023 which was granted.

Decision

Ms Allpress is suspended from close of racing on the 28 January 2023 for a period of 5 national riding days, with her suspension concluding after racing on the 6 February 2023.