Ashburton RC 9 November 2023 – R10 – Crystal Lindsay

Evidence:

Following the running of Race 10, the Respondent Class B Rider Crystal Lindsay admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of TYAGONAL “she permitted her mount to shift inwards when not sufficiently clear of TOUGH TIME which was checked passing the 1100m”.  

The Respondent acknowledged she understood the Rule and confirmed her admission of the breach.

Miss Lindsay was assisted at the hearing by NZTR Apprentice Mentor, Jason Laking.

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 Miss Lindsay, riding TYAGONAL, wide on the track shortly after the start and approaching the 1100m with TOUGH TIME, ridden by Rohan Mudhoo, racing to the inside of TYAGONAL. Mr Oatham showed Miss Lindsay shift inwards into the racing line of TOUGH TIME, when only a bare length clear and as a result, TOUGH TIME had to check.

In response, the Respondent, with the assistance of Mr Laking, stated that she had misjudged the movement and crossed over too soon.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Davidson stated that Miss Lindsay’s penalty record showed 3 previous breaches in the prior 12 months being: 1 April 2023 – Avondale (6 days), Fielding – 14 September 2023 (5 days) and Matamata – 7 October 2023 (4 day suspension).

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be in the low range and submitted a starting point as per the Penalty Guide, of a 5 day suspension.

In terms of any proposed penalty, the Respondent elected to make no submissions apart from requesting a deferment until after racing at Riccarton on 18 November 2023.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent’s carelessness to be in the low range and accordingly, adopted a 5-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

There was an aggravating factor to consider, being Miss Lindsay’s record showing 3 previous breaches in the prior 8 months, which warranted an uplift. This uplift was set at 1 day.

In mitigation, Miss Lindsay’s frank admission of the breach warrants a discount, which was set at 1 day.

After consideration of the above factors, a 5-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment until after racing on 18 November 2023 at Riccarton is granted, and her Licence to ride in races is suspended for a period of 5 national days, commencing after racing on 18 November 2023 and concluding after racing on 25 November 2023.