Waikato TR 12 October 2024 – R7 – Jessica Allen

Evidence:

Following the running of Race 7, the Respondent Apprentice Rider Ms J Allen admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that she permitted her mount ELECTRIC TIME to shift inwards when not sufficiently clear of OLD TOWN ROAD, which was dictated inwards crowding MIDNIGHT SCANDAL onto OUTOVSTOCK, which was checked near the 850 metres.  

The Respondent acknowledged she understood the Rule and confirmed  her admission of the breach. Mr T McLachlan (Jockey Agent) was present to assist.

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 Mr Jones demonstrated the incident and identified the horses and Riders concerned.

Tayla Mitchell (riding OUTOVSTOCK) was positioned closest to the inside rail, but was forced to check her horse after receiving pressure from horses on her outside. Directly outside her was MIDNIGHT SCANDAL, ridden by Mr D Mansour. Mr Jones noted that these two horses were racing in tight quarters, and Mr Mansour had reported to the Stewards that his horse had been over-racing. Despite this, the Stewards observed that both horses were maintaining their positions until Ms Allen shifted from a four-wide to a three-wide position, moving onto Mr Grylls’ mount. This move by Ms Allen, caused the crowding and interference.

In response, Ms Allen said their was lots of “argy bargy” going on well before she moved inwards. Mr McLachlan agreed and said Ms Mitchell was “already in trouble” prior to Ms Allen moving.

Decision:

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

Submissions for Penalty:

Mr Oatham produced Ms Allen’s riding record, which indicated 3 low-level previous breaches under the Careless Riding Rule in the last 12 months, namely:  January 2024 – 4 days, June 2024 – 4 days, September 2024 – 4 days.

The Respondent has had 254 mounts in the past 12 months.

Mr Oatham said Stewards assessed the level of carelessness to be in the low to mid range, but noted the breach occurred in a Group 3 Race.

Ms Allen conceded it was a fair assessment by the Stewards and advised of riding engagements through until Wednesday October 16th, seeking a deferment to any proposed suspension.

Reasons for Penalty:

The Adjudicative Committee accepts Ms Allen’s submission that there was some “argy bargy” between OUTOVSTOCK and MIDNIGHT SCANDAL, before she moved inward. However, this jostling did not cause Ms Mitchell to suddenly check back. The drone footage was particularly useful in showing the relative positions of all four horses before, during, and after Ms Mitchell’s check. It clearly showed Ms Allen following Mr Kauri, who was ahead of her, and when he shifted inward, she followed suit. Unfortunately, her inward movement onto Mr Grylls’ horse, escalated an already tight situation, making it untenable. In short, had Ms Allen not moved inward, the incident would not have occurred.

After reviewing all submissions, the Adjudicative Committee determined that Ms Allen’s carelessness sat just above the low range, adopting a 6-day suspension as the starting point, in line with the NZTR Penalty Guide as of March 2024.

The Respondent’s riding record was treated as a neutral factor, but a 1-day increase was applied due to the Group 3 status of the race.

Considering all factors, a 7-day suspension was imposed.

Conclusion:

Ms Allen’s request for a deferment is granted and her Licence to ride in races is suspended for a period of 7 days, commencing after racing on Wednesday October 16th and concluding after racing on Sunday October 27th, 2024.