Cambridge JC 31 August 2022 – R6 – Bailey Rogerson

Evidence:

Following the running of Race 6, the Respondent Ms B Rogerson defended a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of OTTAVIO she allowed her mount to shift in when not clear, crowding & checking MINI MYSTIC in onto LAKEMAN who was crowded passing the 700m. Ms Rogerson acknowledged she understood the Rule and confirmed that she did not admit the breach.  Mr G Rogerson was present in support of Ms Rogerson.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Stipendiary Steward Mr Davidson showed the available films to demonstrate the incident and identify the horses and Riders concerned.

Ms Rogerson jumped from the outside barrier and rode her mount forward in order to take a position near the front of the field. He said that from a 4 wide position, just before the corner, Ms Rogerson looks inside and starts to ease across placing Mr Goindasamy (MINI MYSTIC) in restricted room. As a result Mr Goindasamy has to check his mount and is forced inwards onto Ms Fawcett’s mount LAKEMAN. The Stewards put forward that Ms Rogerson shifted inwards when she was not her length and 1 further length clear. Mr Davidson said that the Rider of GIACOMO also had to take hold of their mount (however this was not listed in the Information).

Mr Goindasamy was called as a witness for the Stewards.

He said that around the bend he received pressure from his outside and that the horse putting pressure on him was OTTAVIO. He said the horse to his inner didn’t move and as a result he was squeezed. He said that Ms Rogerson was just over a length in front of him when he was interfered with. He said he had yelled to Ms Rogerson to keep going (ride forward) so he wouldn’t have to check. He also said he didn’t apply a lot of pressure to his horse’s mouth and it over reacted.

Ms Fawcett was called as a witness for the Stewards

She said that she had planned to sit one off the rail, but started to receive pressure from the horses outside her, which dictated her to the rail. She said those horses and Riders were A Goindasamy (MINI MYSTIC) and B Rogerson (OTTAVIO). She said that as OTTAVIO was a half length in front it was OTTAVIO that was applying the pressure.

Mr Rogerson said that there were a lot of mitigating circumstances in relation to the breach. He said that Ms Rogerson had looked to her inside prior to shifting across and had heard the Riders behind her telling her to go forward. He said that OTTAVIO was wanting to lay in and that Mr Goindasamy’s horse didn’t help the situation by over reacting. He also said that OTTAVIO was an experienced horse, had lost a shoe and knew where the corner was and that contributed to him laying in.

Mr Goindasamy was called as a witness by Mr Rogerson.

Mr Goindasmay confirmed to Mr Rogerson that he intended to take a sit behind OTTAVIO, he also agreed with Mr Rogerson that he had told Ms Rogerson to go forward and that OTTAVIO appeared to be laying in.

In summing up Mr Dooley said that it was clear on the films that Ms Rogerson had come from a four wide position, allowing her mount to shift in when barely a length clear.

In summing up Mr Rogerson said he disagreed with the Stewards’ interpretation and Ms Rogerson didn’t have a case to answer. He also said the horse had pulled a shoe and referred to the previously mentioned mitigating factors.

Decision:

The Adjudicative Committee saw the side on and head on films numerous times during the submissions of both the Informants and the Respondents. It was clearly evident from the films that OTTAVIO had shifted from a four wide position to a position adjacent to the running rail when not sufficiently clear of the runners to her inside. The Adjudicative Committee estimate that at the time of the inward movement OTTAVIO was at the most 1.5 lengths clear of MINI MYSTIC, not her own length and another length clear as per the Rule. Accordingly, the Adjudicative Committee finds the charge of careless riding proved.

Submission for Penalty:

The Stewards submitted that Ms Rogerson’s riding record indicated 3 previous breaches of the Careless Riding Rule which they considered to be a neutral record.

The Breaches were;

2/10/21  – 7 day suspension

13/11/21 – 8 day suspension

28/8/22 – 5 day suspension

Mr Dooley said that Stewards placed the level of carelessness in the low to mid range, and a penalty in line with the Guidelines was appropriate.

Mr Rogerson said the Ms Rogerson had been confused in thinking that the Riders who had told her to go forward were indicating that she was clear of them. He said that an appropriate penalty would be a small fine or a warning.

Ms Rogerson sought a deferment of 10 days to any proposed suspension due to riding commitments on the 10th of September.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined that Ms Rogerson’s carelessness sat just above the low range, and adopted a 6-day (suspension) as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that Ms Rogerson crossed to the rail, when she wasn’t clear to do so and placed MINI MYSTIC in restricted room causing interference to it and to a lesser extent LAKEMAN who was to the inside of MINI MYSTIC.

The mitigating factors included OTTAVIO’s tendency to lay in and the racing manners of MINI MYSTIC (who over reacted when tightened). Having balanced all the aforementioned factors the Adjudicative Committee considered an appropriate penalty to be a suspension of 5 National days.

Conclusion:

Ms Rogerson’s license to ride in races is suspended for a period of 5 days commencing after racing on the 10th of September and concluding after racing on the 17th of September 2022.