Riccarton Park – North Canterbury RC 30 September 2023 – R5 – Brandon May

Evidence:

Following the running of Race 5, the Respondent Class A Rider Brandon May admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of MOGUL “he allowed his mount to shift inwards when not fully clear of QUINTABELLE which was crowded having to then be steadied to avoid the heels of MOGUL near the 1100 metres”. 

The Respondent acknowledged he understood the Rule and confirmed his  admission of the breach.

Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using the available race films, Stipendiary Steward Mark Davidson, with the assistance of Stipendiary Steward, Veronica Algar, demonstrated the incident and identified the horses and Riders concerned. Ms Algar pointed out Mr May, riding MOGUL racing 3 wide approaching the 1100m with QUINTABELLE, ridden by Courtney Barnes, racing 2 wide on the inside of Mr May. The replays showed Mr May looking to shift in, in front of Ms Barnes and eventually when doing so, was not clear of Ms Barnes, who had to take evasive action and steady off the heels of MOGUL. Ms Barnes when taking evasive action, shifted out into the 3 wide line and hampered both BOZO and EL CHAPEAU.

In response, the Respondent stated that he was looking to see what Ms Barnes was doing and thought when he shifted in, he was clear of her. He said the replays were clear that he was not.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty:

Stipendiary Steward Mr Davidson produced the Respondent Mr May’s riding record, which indicated 3 previous breaches under the Careless Riding Rule in the last 12 months, namely: 1 January 2023 – Kumara (5 day suspension – mid range), 19 July 2023 – Riccarton (low range – 5 days) and Riccarton – 28 July 2023 (6 days – mid range).

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be in the above low-range and submitted a starting point as per the Penalty Guide of a 5 to 6 day starting point. He added that Mr May had 215 rides over the previous 12 months. Mr Davidson submitted that Mr May’s record could be assessed as a neutral factor.

The Respondent advised of riding engagements through until 8 October 2023 at Ascot Park and sought a deferment to any proposed suspension.

In terms of any proposed penalty, the Respondent elected to make no submissions.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent Mr May’s breach to be in the low to mid range and accordingly adopted a 6-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

The Respondent’s riding record is treated as an aggravating factor with 3 previous breaches in July and 1 in January 2023. A 1-day uplift was applied to the 6-day starting point. In mitigation, Mr May’s admission of the breach warrants a discount which the Adjudicative Committee sets at 1 day.

After consideration of the above factors, a 6-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment is granted and his Licence to ride in races is suspended for a period of 6 national days, commencing after racing on 8 October 2023 and concluding after racing on 18 October 2023.