Ashburton RC 3 April 2025 – R6 – Brandon May

Evidence:

Following the running of Race 6, the Respondent Class A Rider Brandon May, denied a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of LADY BANKSIDE “he permitted his mount to shift outwards when not sufficiently clear forcing PORTHOUSE LADY outwards onto LISE PAREE which was checked near the 1100metres.”

The Respondent acknowledged he understood the Rule and confirmed his denial 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 Veronica Algar, with the assistance of Chief Stipendiary Steward John Oatham, demonstrated the incident and identified the horses and Riders concerned. Mr Oatham pointed out Mr May, riding LADY BANKSIDE racing in the lead on the rail, with PORTHOUSE LADY, ridden by Ashvin Goindasamy, racing 2 wide and  LISE PAREE, ridden by Gosen Jogoo, racing to the outside of that horse, with ALBERTON ANGEL, ridden by Toni Davies, improving forward to take the lead near the 1100metres. The replays then showed Ms Davies cross Mr May to take the lead, with minimal clearance near the 1100m and shortly afterwards, Mr May opted to shift out off the back of ALBERTON ANGEL and in doing so, was not clear and dictated PORTHOUSE LADY outwards, forcing LISE PAREE wider and onto heels, and as a result, that horse had to check.

Rider of PORTHOUSE LADY, Ashvin Goindasamy, gave evidence that he had received pressure from his inside and identified Mr May as the Rider of that horse. He added that he had heard clipping of heels when Mr May was behind Ms Davies. Ms Algar challenged Mr Goindasamy, in that he did not present this evidence at the initial Stewards’ investigation.

Rider of LISE PAREE, Gosen Jogoo, gave evidence that he had received pressure from his inside, being Mr Goindasamy, but could not identify where the pressure had originated from.

In defense, the Respondent stated that when Ms Davies crossed him approaching the 1100m, he had to take a strong hold and felt he was in restricted room behind ALBERTON ANGEL. He said he believed he was in trouble and had to move out to avoid ALBERTON ANGEL’S heels. He also stated and used the replays to demonstrate, that he was always 2 off the rail and had the right to stay to the outside of Ms Davies.

Reasons for Decision:

After careful consideration of all evidence and replays presented, the Adjudicative Committee was satisfied that approaching the 1100m, Mr May has been crossed by ALBERTON ANGEL, who went on to assume the lead over the early stages. ALBERTON ANGEL was minimally clear in this movement, causing Mr May to steady to a degree.

The Adjudicative Committee is also satisfied that ALBERTON ANGEL was established in front of Mr May, with Mr May clearly in that horse’s trail. Mr May then opted to shift to the outside of ALBERTON ANGEL and in doing so, dictated PORTHOUSE LADY wider on the track, who in turn forced LISA PAREE out into restricted room and onto heels, resulting in that horse having to check.

Although Mr Goindasamy gave evidence that he heard heels being clipped in this incident and Mr May stating he was in trouble behind ALBERTON ANGEL, the Adjudicative was satisfied there was no satisfactory evidence to support that he was having difficulty prior to moving out from behind ALBERTON ANGEL. In fact, the replays conclusively show that Mr May did not react in a manner that would suggest he was in trouble behind ALBERTON ANGEL after that horse crossed him, to assume the lead.

Decision:

The Adjudicative Committee was satisfied and found that Mr May has ridden carelessly on this occasion and therefore found the charge proved.

Submissions for Penalty:

Stipendiary Steward Ms Algar produced the Respondent Mr May’s riding record, which indicated 3 previous breaches under the Careless Riding Rule in the last 12 months, namely;

22 June 2024 – Riccarton – 5 day suspension (low range)

3 August 2024 – Riccarton – 9 day suspension – Group 3 Race (low to mid range)

1 January 2025 – Riverton – 6 day suspension (low range)

Stipendiary Steward Ms Algar said Stewards assessed the level of carelessness to be in the mid-range and submitted a starting point as per the Penalty Guide of a 7 day starting point.

The Respondent advised of riding engagements through until 6 April 2025 at Ascot Park and sought a deferment to any proposed suspension.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent Mr May’s carelessness to be in the low to mid range and accordingly, adopted a 6-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

Although there are 3 previous breaches of this Rule in the prior 12 months, two were 8 months and older, with the latest being 3 months prior. The Adjudicative Committee deemed Mr May’s record to be neutral factor.

There were no mitigating factors to consider, therefore a 6-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment until after racing on 6 April 2025 is granted and his Licence to ride in races is suspended for a period of 6 national days, commencing after racing on 6 April 2025 and concluding after racing on 17 April 2025.