Banks Peninsula RC 12 February 2022 – R2 – Jacob Lowry

BACKGROUND:

Following the running of Race 2, Alistair Gray Memorial Maiden, the Respondent, Class A Rider, Jacob Lowry, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).

The Respondent acknowledged that 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.

EVIDENCE:

Mr Davidson had Stipendiary Steward, Veronica Algar, using the available video replays, identify the horses and Riders concerned from the start of the  1400 metres race. NOBLE KNIGHT, ridden by Mr Lowry, had jumped from barrier 9, BENTLEY (Jason Laking) barrier 8 and TAIMATE DIVA (Tina Comignaghi) from barrier 7.

Ms Algar said that, shortly after the start, Mr Lowry began to shift his mount in and, as a result, placed the two runners to his inside in restricted room and become crowded. Mr Lowry was not the required margin clear of either two runners. Miss Comignaghi has been forced to check her mount, Ms Algar submitted.

In response, the Respondent said that his inwards movement was “fairly gradual”, and he had made an error. He was his own length clear but, he accepted, not the required own length and another length.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Davidson said that Stewards saw the breach as being in the low-range. Had he been another 1/4 to 1/2 length clear, Mr Lowry would have been able to relieve the pressure.

Mr Lowry’s record is a reasonable one, Mr Davidson said – 2 suspensions in the last 12 months, one on 29 April 2021 at Otago (5 days and a fine of $250, mid-range) and at Otago on 21 October 2021 (5 days, low-range). Because of his weight, Mr Lowry does not have a lot of rides each day, but has had 240 rides in the last 12 months. He is a sought-after Senior Rider, Mr Davidson said. A suspension in the region of 5 days was appropriate with a discount at the Adjudicative Committee’s discretion for mitigating factors, he submitted.

Mr Lowry sought a 7-days deferment to any proposed suspension to enable him to fulfil riding engagements at Invercargill on 19 February.

REASONS FOR PENALTY:

After considering all submissions and the viewing the video replays, the Adjudicative Committee determined the Respondent’s carelessness to be in the low-range. A 5-days suspension starting point was adopted as per the NZTR Revised Penalty Guidelines for a low-range breach.

The video replays showed that Mr Lowry had crossed from his wide barrier draw in a gradual movement, as submitted by him, and he could clearly be seen to be looking to inside on several occasions. He was taking care, but had simply misjudged the movement. He had almost cleared the runner on his inside.

A 1-day reduction is applied for Mr Lowry’s admission of the breach and his record, which is a good one.

After consideration of the above factors, a 4-days suspension is imposed.

CONCLUSION:

The Respondent’s request for a deferment is granted and his licence to ride in races is suspended for a period of 4 national riding days commencing after racing on 19 February 2022 and concluding after racing on 25 February 2022.