Ashburton RC 19 January 2023 – R3 – Lee Callaway

SUMMARY OF FACTS:

Following the running of Race 3, an Information was filed by Stipendiary Steward, Ms Algar, against Mr Callaway, alleging careless riding, in that he permitted his mount to shift inwards when not sufficiently clear of SMALL TOWN BELLE which was checked and forced inwards crowding MARYWEKA near the 1100 metres.

Rule 638(1)(d) reads as follows;

“(1) A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be:

    (d) careless”

Mr Callaway had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Callaway also acknowledged that he understood the charge and the Rule it was brought under.

SUBMISSIONS:

Ms Algar, with the assistance of Mr Oatham, used the race films to show Mr Callaway’s mount shift in on a sharp angle just after the start of the race. Mr Oatham said that Mr Callaway realised what was happening and had tried to angle his mount out but at that point it was too late. Mr Mudhoo suffered a check and had to take a hold of his mount. Ms Allpress was crowded on that fence. Mr Oatham said that the interference to Ms Allpress was not major.

Mr Callaway said he misjudged it as he did not expect his horse to travel forward as quickly as it did. He said as soon as he realised he was not clear of the other runners, he tried to relieve the pressure but it was too late.

DECISION:

As Mr Callaway had admitted the breach, the charge was found to be proved.

SUBMISSIONS ON PENALTY:

Ms Algar submitted that Mr Callaway had three prior breaches of this Rule.

They are as follows:

• 19 February 2022 where 5 days was imposed for a low-range breach
• 6 April 2022 where 6 days was imposed for a low to mid-range breach
• 13 August 2022 where 5 days was imposed for a low to mid -range breach.

Mr Algar said that Mr Callaway was a busy Rider and there has been a gap in his history. Ms Algar submitted this was a low to mid-range breach.

Mr Callaway requested a deferment of penalty until after 21 January at Gore where he had riding commitments.

REASON FOR PENALTY:

It is agreed that this breach is low to mid-range. Mr Callaway shifted in on a sharp angle which has caused Mr Mudhoo to have to take a strong hold of his mount. The movement has also crowded another runner on the fence. It is accepted that Mr Callaway did try to relieve pressure, however, as he accepted, this was too late. Accordingly, the starting point adopted is a 6 day suspension. A discount of 1 day is appropriate to reflect his frank admission of the breach.

A 5 day suspension is the appropriate penalty in this case.

Mr Callaway’s application for a deferment of penalty until after racing at Gore on 21 January was granted.

CONCLUSION:

Mr Callaway is suspended for 5 days from the end of racing on 21 January 2023 up to and including 1 February 2023.