Auckland TR 17 February 2024 – R5 – Vinnie Colgan

Evidence:

This charge arises from the running of Race 5, the SkyCity Horizon Uncle Remus Stakes (Listed Race).  Chief Stipendiary Steward Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the Rider of PERICLES (V Colgan), “permitted his mount to shift inwards when not sufficiently clear crowding MOET DOWN onto STAR OF JUSTICE which was checked near the 1000 metres”.

Mr Colgan acknowledged that 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 Mrs Selvakumaran demonstrated the incident and identified the horses and Riders concerned; namely PERICLES (V Colgan), MOET DOWN (S Weatherley) and STAR OF JUSTICE (M Cameron).

Using the available race films Mrs Selvakumaran demonstrated to the Adjudicative Committee that approaching the 1000-metre mark, Mr Colgan was looking to ease in and in doing so, he crowded MOET DOWN onto STAR OF JUSTICE, who had to be taken hold of and was checked.  STAR OF JUSTICE was racing on the inside of MOET DOWN. She pointed out that at the time of the shift, there were runners on the outside of Mr Colgan’s mount, who were also looking to shift in.

Mr Colgan agreed with the Stewards’ interpretation of the incident and by way of explanation, stated that he tried to give the horses on his outer room to come across, but “probably overdid it”.

Decision:

As Mr Colgan admitted the breach, the Adjudicative Committee found the charge proved.

Submissions for Penalty:

Mr Oatham submitted that Mr Colgan’s riding record is good, with him having had one previous breach of the Careless Riding Rule in the last 12 months, from 384 rides over that period. He said that the previous breach occurred on 12 August 2023 and resulted in a 5 day suspension.

Mr Oatham assessed the level of carelessness to be in the low to mid-range.   He suggested the penalty should take account of the fact that the breach occurred in a Listed Race with a stake of $100,000 and also recognition should be given for Mr Colgan’s good record and his admission of the breach.

Mr Oatham added that there were some mitigating factors in Mr Colgan’s favour.  Firstly, the 1200 metre starting point can cause some crowding after the horses leave the barrier and secondly, the interference occurred in this case where the rail connects back onto the course proper, and that may have caused some tightening. Also, he said there was some pressure from the outside.

Mr Colgan sought a deferment to any proposed suspension until after racing on 24 February 2024. He had nothing further to add in relation to any proposed penalty.

Reasons for Penalty:

After considering the submissions and reviewing the race film, the Adjudicative Committee determined Mr Colgan’s carelessness to be in the mid-range and adopted a 7-day (suspension) as the starting point.

The available films clearly established that approaching the 1000 metres, Mr Colgan shifted in and caused crowding and tightening that resulted in Mr Cameron becoming unbalanced, and having to take a strong hold of his mount which was severely checked.   Therefore, although Mr Colgan’s actual shift could be categorised as low to mid-level, the consequential impact of the check to STAR OF JUSTICE was reasonably significant, therefore placing Mr Colgan’s culpability in the mid-range. The films show that Mr Colgan did look in when crossing MOET DOWN, but he was not sufficiently clear of that runner, and it appears that he was not aware that STAR OF JUSTICE was positioned inside of MOET DOWN.  It is also acknowledged that there was minimal pressure from horses on the outside of PERICLES, but Mr Colgan’s obligation was to ensure that he was clear of runners in his inside when easing in.

From the 7-day starting point, a one-day reduction is applied for Mr Colgan’s admission of the breach and his good riding record. However, given that the breach occurred in a Black Type (Listed) Race, a one day uplift is added. PERICLES won the race and Mr Colgan’s share of the stake was $1,400.  Therefore, in addition to a suspension, a fine of $400 is imposed.

It is to be noted that Mr Colgan also breached the Whip Rule in this race and as a result of that breach, he received a fine equal to 50% of his share of the stake, namely $1,400.

After considering the above factors, the Adjudicative Committee deemed that an appropriate suspension be 7 (national) days and a $400 fine.

Conclusion:

The Adjudicative Committee granted Mr Colgan a deferment to his suspension. Accordingly, his Licence to ride in races is suspended for a period of 7 days, commencing after racing on 24 February 2023 and concluding after racing on 8 March 2024.