Riverton RC 2 November 2025 – R6 – Brandon May

BACKGROUND

Senior Stipendiary Steward Mark Davidson alleged a breach of Rule 610(4) by Class A Rider Brandon May in Race 6. The particulars of the charge were that Mr May allegedly had in his possession an unapproved safety vest, which he weighed out in.

Rule 610(4) states:

A Rider may not wear or have in their possession a body protector or a skull cap that has been modified in any way.

Breaches of the Rule are normally captured by the Minor Infringement System and carry a prescribed penalty for a first breach of a $500 fine.

In this instance, due to the circumstances of the alleged breach, Stewards elected to file an Information to be heard by an Adjudicative Committee pursuant to Rule 926(2) to allow for a more substantial penalty to be sought.

Rule 926(2) was read at the hearing by Mr Davidson:

Where a Stipendiary Steward or Investigator considers that a Licensed Person’s first or second breach of one or more of the Rules set out in the Fourth Appendix is of such significance that a more substantial penalty than the amount of the fine specified for the relevant Rule in the Fourth Appendix is warranted for that breach, then despite sub- Rule (1) above, the Stipendiary Steward or Investigator may proceed by filing an information with the Adjudicative Committee in respect of that breach in the normal manner contemplated in Rule 903.

(The Fourth Appendix is the Minor Infringement System Penalty Table).

Mr May had endorsed the Information, ‘I do admit a breach of the Rule’ and confirmed his admission of the breach at the start of the hearing.

EVIDENCE

Mr Davidson produced an orange vest for the Adjudicative Committee, which he said had been received from the Respondent following Race 6.

Stewards were informed during the Riverton meeting that Mr May had weighed out in the orange vest, which was unapproved, before changing into his approved body protector to ride. The orange vest was an example of what was known in the industry as a “cheater vest,” Mr Davidson said. It was lighter than an approved body protector.

Jockeys were not allowed to change their gear after weighing out, Mr Davidson said.

Stewards estimated the orange vest was 0.2 to 0.3 kilograms lighter than the body protector Mr May wore to ride in races. Under the Rules, no Jockey was allowed to have an unapproved vest (or body protector) in their possession.

Mr May did not race in the unapproved vest, but he did weigh out in it, Mr Davidson said.

Stewards believed Mr May had manipulated his weighing out in Race 6 to cover the fact he was struggling with his body weight. It was submitted that Mr May had weighed out in the lighter orange vest to help make 54kg, his lowest allotted weight at the Riverton meeting. He then changed into his approved body protector before going out to ride in the race.

Mr May’s declared current riding weight was 54kg. He accepted two rides at the meeting at this weight on SAVIOUR (Race 2) and ENDEAN ACE (Race 6).

Mr Davidson explained that Jockeys were allowed under the Rules to weigh out at 1kg more than their allotted weight to take into account the extra weight of their body protector. He added that most of the approved body protectors did not weigh as much as 1kg.

Having been informed of the alleged breach, Stewards spoke to Mr May at the scales after Race 6 and asked to be shown what he was wearing under his silks. It was shown to be an approved body protector.

Mr Davidson said he then told Mr May to retrieve his orange vest and present it to Stewards. The Respondent complied, and, according to Mr Davidson, then admitted it was in his possession and that he had used it to weigh out for Race 6.

The charge brought by Stewards related only to Race 6 and only to having possession of an unapproved body protector, Mr Davidson said.

Mr May had weighed in correctly after Race 6. Jockeys were given leeway of an additional 0.5kg in weight when coming back to the scales to account for any accumulation of sweat, mud or moisture.

Mr May accepted the evidence put forward by Stewards. He said the “cheater vest” (as he also described it) could help any Jockey struggling to make 54kg.

Mr May said his weight had ranged between 53.8kg and 54.2kg when he twice weighed himself before racing started.

The orange vest was 0.2kg lighter, he said. This allowed him to make weight and “have a wee drink just before I go out to ride, so I feel a bit better when I’m riding.”

Mr May informed the Adjudicative Committee that he had weighed out in the same manner in Race 2, wearing the unapproved orange vest to make his allotted weight of 54kg on SAVIOUR.

For both Race 2 and Race 6, Mr May said he had changed after weighing out in the orange vest to ride the races in his approved body protector. He further stated that he had never ridden in a race in anything other than an approved body protector.

DECISION

As Mr May has admitted the breach, it is found to be proved.

PENALTY SUBMISSIONS

Mr May had a clear record under the Rule, Mr Davidson confirmed.

Seeking relevant precedents that went to hearings, Stewards found two previous breaches of the Rule from 12 years ago – underlining the rarity of these circumstances:

*Samantha Wynne (21 July 2013) – fined $750 for having a modified safety vest in her possession.

*Michael McNab (10 August 2013) – fined $1000 for having a modified safety vest in his possession.

The circumstances of these precedents were not able to be sourced by the Adjudicative Committee at this raceday hearing.

Stewards on this occasion were not seeking a suspension of Mr May’s Licence to ride, Mr Davidson said. He submitted that a substantial fine in line with the precedents referred to above would be appropriate.

Mr May agreed the penalty submission from Stewards was fair.

REASONS FOR PENALTY

Stewards charged the Respondent under Rule 610(4) in relation to his actions before Race 6. During the course of the hearing, Mr May informed the Adjudicative Committee that he had weighed out in the same manner for Race 2 – the other race at Riverton in which he was carded to ride at 54kg.

Mr Davidson stated during the hearing that Stewards had not questioned Mr May about what gear he was wearing when weighing out for Race 2. An alleged breach concerning Race 6 was the only race specified in the Information that was filed. There was no mention of it being a representative charge covering more than one alleged breach.

Given the approach taken by Stewards, and the nature of the evidence presented by them, the Adjudicative Committee confines itself to setting an appropriate penalty for Mr May’s breach in Race 6.

Manipulating the process of weighing out for a race, or weighing back in, is a serious matter that goes to the heart of integrity. All participants rely on Riders making their allotted weight to ensure a fair contest. This is a cornerstone of the racing industry.

Stewards were correct to charge the Respondent and place this matter before an Adjudicative Committee, rather than dealing with it under the Minor Infringement System.

Mr May not only had in his possession an unapproved vest, he wore it to weigh out for Race 6. He then changed back to his approved body protector to ride in the race. Correct weight was declared upon his return to scale (bearing in mind the additional 0.5kg in weight allowable for Riders due to any accumulation of sweat, mud or moisture).

The unapproved orange vest was some 0.2kg lighter than his approved body protector, Mr May said. His stated reason for his deception was to give himself leeway to take on more fluids before going out to ride. This is no excuse for breaching the Rule. His actions in weighing out for Race 6 were completely unacceptable.

A first breach of Rule 610(4) dealt with under the Minor Infringement System carries a penalty of a $500 fine. The Adjudicative Committee takes this as a starting point.

A substantial uplift is warranted to reflect the following aggravating factors:

*More than having an unapproved vest in his possession, Mr May compounded his offending by manipulating the process of weighing out for a race. He stepped onto the scales in the lighter, unapproved vest.

*By then changing back to his approved body protector (which Mr May stated was 0.2kg heavier than the unapproved orange vest), it seems reasonable to infer that ENDEAN ACE, his ride in Race 6, carried slightly more weight than it should have. (That being said, 5th-placed ENDEAN ACE finished 3 lengths behind the 4th-placed runner so, in practical terms, any small additional impost worn by Mr May could not confidently be said to have adversely affected the result).

*The impact of a breach such as this on the trust and confidence people have in the integrity of the racing industry.

The following are considered to be mitigating factors:

*Mr May complied with Stewards by producing the unapproved vest upon request and swiftly admitting his breach of the Rule.

*His record under the Rule is clear.

*In assessing the penalty, the Adjudicative Committee also took into account the lost income opportunities for South Island Jockeys that arose through the recent abandonment of the Gore meeting.

Overall, in consideration of all these factors and the precedent cases, the Adjudicative Committee applies a 60 per cent uplift to the starting point of a $500 fine.

CONCLUSION

Class A Rider Brandon May is fined $800.