Central Otago RC 25 November 2022 – R2 – Sanu Toolooa

Evidence:

Following the running of Race 2, the Respondent Apprentice Rider Sanu Toolooa, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of YOU NEVER KNOW “you allowed your mount to shift out when not clear crowding and checking DR VELOCIOUS and SEVEN AAJES ”. 

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach. Apprentice Mentor Mr David Walsh was present to assist.

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 Ms Haley demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Mr Davidson said that entering the final straight, the Respondent has shifted ground outwards, crowding runners which were checked.

In response, Mr Walsh said the shift was minimal but the horses to the outside of Mr Toolooa were racing in very tight quarters, which compounded any movement of Mr Toolooa’s horse.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mr Davidson produced the Respondent Mr Toolooa’s riding record, which indicated one previous breach under the Careless Riding Rule in the last 12 months, namely at Ashburton on 7 July resulting in a 7-day suspension.

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be in the low-range.

In terms of any proposed penalty, the Respondent asked to start any suspension immediately after the second day of the meeting on Sunday.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent Mr Toolooa’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 1 March 2022).

The available films clearly established that the Respondent has shifted out when not clear, causing a check to two other runners.

The Respondent’s riding record is treated as mitigating, and a 1-day reduction was applied to the 5-day starting point for his admission of the breach and record.

After consideration of the above factors, a 4-day suspension was imposed.

Conclusion:

The Respondent’s licence to ride in races is suspended for a period of 4 days commencing after racing on 27 November 2022, and concluding after racing on 3 December 2022.