Auckland TR 16 October 2024 – R7 – Donavan Mansour
ID: RIB47343
Animal Name:
Li Li
Code:
Thoroughbred
Race Date:
16/10/2024
Race Club:
Auckland Thoroughbred Racing
Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120
Race Number:
R7
Hearing Date:
16/10/2024
Hearing Location:
Pukekohe Racecourse
Outcome: Proved
Penalty: Jockey Donavan Mansour is suspended for 5 days
Evidence
Following the running of Race 7, Class A Rider Mr D Mansour, defended a charge of careless riding, which was filed pursuant to Rule 638(1)(d). The Information alleged that Mr Mansour permitted his mount LI LI to shift outwards when insufficiently clear of STORMS AHEAD, which was contacted and in turn was forced outwards into the line of WRY SMILE, which was hampered passing the 450 metre point.
Rule 638(1)(d) provides: A rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.
Mr Jones (Stipendiary Steward) advised he would call three witnesses – Mr A Dooley (Stipendiary Steward), Mr C Grylls, and Mr R Goyaram (Jockeys). Mr Mansour called no witnesses.
Witness Mr A Dooley
Mr Dooley demonstrated on the film, that Mr Mansour on LI LI, had taken up a position inside Mr Grylls on STORMS AHEAD, coming towards the 450 metres. Mr Goyaram on WRY SMILE, was on the outside and 1 length behind Mr Grylls on STORMS AHEAD.
Mr Mansour then shifted across, making contact with Mr Grylls’ mount STORMS AHEAD. Mr Grylls was dictated outwards into the line of Mr Goyaram, who had to take hold and check his mount WRY SMILE, turning his mount’s head outwards.
In answer to a question from Mr Jones, Mr Dooley stated that Mr Mansour and Mr Grylls’ mounts, were side by side at the time of the incident.
Witness Mr C Grylls
Mr Grylls confirmed that he was the Rider of STORMS AHEAD. He explained that at the 450 metre point, he had established his position outside Mr Mansour’s mount LI LI. He tried to hold that line, but was bumped by LI LI and dictated out into the line of WRY SMILE.
In response to questions from Mr Jones, Mr Grylls confirmed that Mr Mansour’s horse and his horse were shoulder to shoulder at the time of the incident.
Witness Mr R Goyaram
Mr Goyaram confirmed that he was the Rider of WRY SMILE. He said he had a position outside and just behind Mr Grylls on STORMS AHEAD, leading into the 450 metre point. He saw movement coming across that forced him to check WRY SMILE, to come off the heels of STORMS AHEAD.
In answer to a question from Mr Jones, Mr Goyaram confirmed that Mr Grylls’ mount was a bare length in front of his, when it was forced across his line.
Respondent
Witness Mr D Mansour
Mr Mansour confirmed that he was the Rider of LI LI. He demonstrated on the film that he was following and inside Ms L Satherley on BETTER TIMES, turning into the straight at the 450 metre point. He considered that he had continued to hold his line and what happened, was a racing incident on the bend. He considered that Mr Grylls was trying to hold him in and Mr Grylls’ mount STORMS AHEAD, was leaning to the right into his horse and then bounced off his horse.
Mr Mansour considered that he had held his line and the incident was not caused through movement by his horse. He did not angle out until after the contact.
Summing Up
The Stewards disagreed with Mr Mansour’s view that it was a racing incident. In their view, the back on film clearly showed that Mr Mansour shifted outwards and in doing so, he was not clear and contacted STORMS AHEAD, dictating that horse into the line of WRY SMILE, who was checked. The onus was on Mr Mansour to ensure he was clear by the required distance, which he was not.
Mr Mansour reiterated that he considered it to be a racing incident on the bend.
Decision:
After reviewing the Race films and evaluating the evidence, the Adjudicative Committee found the charge proved to the requisite standard.
Reasons for Decision:
A Rider is deemed to be careless when he or she fails to take reasonable steps to avoid causing interference, or causes interference by misjudgment or mistake. The test being whether the Rider exercised the degree of care and attention that a Rider would exercise if placed in the same circumstances. On this occasion, the Adjudicative Committee is of the opinion that Mr Mansour did not exercise the necessary care required of him under the circumstances.
Guidance can be taken from Rule 642(2)(b) which relates to ‘interference’ for the purpose of Rules 637 and 642:
(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;
(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or
(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.
It is a well-established Rule of practice that when Riders cross, they must be their own length and one other clear, as is indicated in clause (i) of the definition.
After reviewing the race films and evaluating the evidence, the Adjudicative Committee found the charge proved to the requisite standard, namely on the balance of probabilities. This simply means it was more probable than not, that Mr Mansour was in breach of the Careless Riding Rule.
The back on film clearly establishes that Mr Mansour shifted across, contacting Mr Grylls’ mount. As a result of this, Mr Grylls was forced outwards into the line of Mr Goyaram’s mount, which had to be checked.
After considering all the evidence presented and viewing the films, the charge was found proved.
Submissions for Penalty:
Mr Jones advised that Mr Mansour had a clear record for careless riding, since his return to riding. The Stewards considered the breach to be at the low end, with a starting point of 5 days.
Mr Mansour had no comment to make on the penalty.
Reasons for Penalty:
After considering all the submissions, the Adjudicative Committee determined Mr Mansour’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 February 2023).
This being Mr Mansour’s first careless riding charge since his return to riding, his record was considered as neutral. Therefore, after consideration of all the circumstances, a 5-day suspension was imposed.
Mr Mansour sought and was granted, a 10 day deferment for the commencement of the suspension until after racing on Saturday 26 October, to meet his outstanding riding commitments.
Conclusion:
Accordingly, Mr Mansour’s Licence to ride in races is suspended for a period of 5 days, commencing on Sunday 27 October and concluding after racing on Sunday 3 November 2024 (27 October to 3 November inclusive).
Decision Date: 16/10/2024
Publish Date: 17/10/2024