South Canterbury RC 25 September 2024 – R2 – Brett Murray

Evidence:

Following the running of Race 2, the Respondent Class A Rider Brett Murray admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of HOLDEM “he allowed his mount to shift inwards when not sufficiently clear of KAISEDA which was dictated inwards crowding GRANE and RED LABEL  approaching the 1000m with BLUE GODDESS  and RED STAR BELLA also being checked as a consequence.”  

The Respondent acknowledged he understood the Rule and confirmed his admittance 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 Chief Stipendiary Steward, John Oatham, demonstrated the incident and identified the horses and Riders concerned. Mr Oatham pointed out Mr Murray riding HOLDEM racing wide on track, having drawn 9 at the barrier, approaching the 1000m with KAISEDA, ridden by Jasmine Fawcett, GRANE, ridden by Yogesh Atchamah, RED LABEL, ridden by Donovan Cooper racing to the inside of Mr Murray with BLUE GODDESS, ridden by Samantha Wynne and RED STAR BELLA, ridden by Ashvin Goindasamy, behind those runners. The replays showed Mr Murray looking to shift across to the lead in front of Ms Fawcett and when doing so, was not clear of Ms Fawcett, who was dictated inwards onto GRANE and RED LABEL who were both crowded, eventually having to check. Mr Oatham pointed out the trailing runners, BLUE GODDESS and RED STAR BELLA, being checked as a result of this incident. He showed the side on camera replays, that Mr Murray was only 1/2 to 3/4 of a length ahead of Ms Fawcett, when attempting to cross to the lead.

In response, the Respondent, Mr Murray, stated that he was looking across to clear Ms Fawcett and that Ms Fawcett should have eased to allow him to improve forward to the lead. Mr Murray added that she had kicked up on his inside, which aggravated the incident. Mr Murray conceded that he did not realise that there were 2 runners inside Ms Fawcett at the time of his movement.

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 Murray’s riding record, which indicated 1 previous breach under the Careless Riding Rule in the last 12 months, namely – 25 October 2024 – Gore (5 Day suspension). He added that Mr Murray has had 155 rides in the previous 12 months and stated that his record could be considered as good.

Mr Davidson said Stewards assessed the level of carelessness to be in the mid to high range due to the consequences to the affected runners and submitted a starting point as per the Penalty Guide of a 7 to 8 day starting point.

The Respondent advised of riding engagements through until 4 October 2024 at Timaru 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 agreed with the Stewards and determined the Respondent Mr Murray’s carelessness to be in the mid to high range and accordingly, adopted an 8-day suspension as the starting point.

There were no aggravating factors to consider, therefore no uplift was warranted.

The Respondent’s riding record is treated as a mitigating factor, along with his admission of the breach and warrants a combined discount, which was set at 1 day.

After consideration of the above factors, a 7-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment is granted until 4 October 2024 at Timaru and his Licence to ride in races is suspended for a period of 7 National Days, commencing after racing on 4 October 2024 and concluding after racing on 16 October 2024.