Southland RC 19 February 2022 – R5 – Lee Callaway

Evidence:

Following the running of Race 5, the Respondent Mr Lee Callaway admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of TAP N GO shifted ground when not sufficiently clear checking trailing runners.

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 Miss Rebecca Haley demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Miss Algar said that approaching the first bend, the Respondent has shifted ground inwards from an outside draw when not sufficiently clear, causing MINT JULEP (R Mudhoo) to be checked which in turn checked DESERT MAGIC (S Muniandy) and then THE GOOD SHEPHARD (A Bohorun).

In response, Mr Callaway stated that he had made a simple error of judgement and that he had called out to Mr Mudhoo. Mr Callaway did not believe that he had caused the further tightening of the following horses.

Decision:

Mr Callaway admitted the breach and the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Stipendiary Steward Miss Algar produced Mr Callaway’s riding record which indicated one previous charge on 21 October 2021 at Riccarton Park where Mr Callaway received a penalty of 5 National Riding Days for a low range.

Stipendiary Steward Miss Algar said Stewards assessed the level of carelessness to be in the low range.

In terms of any proposed penalty Mr Callaway submitted that he had a very good record and he wished this to be taken into account.

Reasons for Penalty:

After considering all submissions the Adjudicative Committee determined Mr Callaway’s carelessness to be in the low range and adopted a 5 day suspension as the starting point. This conforms with the NZTR Penalty Guide (as of 1 September 2021).

The available films clearly established that the Respondent has simply made an error of judgement in coming across too soon.

Mr Callaway’s riding record is treated as a mitigating factor, along with his guilty plea and a 1-day reduction was applied to the 5 day starting point. Unfortunately a horse has been injured as a result of the interference that occurred by Mr Callaway’s actions, which is an aggravating factor with the penalty being uplifted by a day to being a 5 day suspension.

Conclusion – Penalty:

Mr Callaway did not request a deferment and his licence to ride in races is suspended for a period of 5 National Riding Days commencing after racing on 20 February 2022 up until the conclusion of racing on 2 March 2022.

In fixing penalty, the Hastings meeting on 20 February was not taken into account as Rider declarations had been declared.