Feilding JC 29 October 2022 – R3 – Tina Comignaghi

Evidence:

Following the running of Race 3, the Respondent Ms T Comignaghi admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that Ms Comignaghi (BECAUSE) allowed her mount to shift inwards shortly after the start resulting in DARLINGTON COUNTY (S O’Malley) and INMYSHADOW (F LAZET) being tightened. Also affected was SMART ATTIRE (K Hercock) which was bumped.

Ms Comignaghi acknowledged she understood the Rule and confirmed her 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.

Using the available race films, Stipendiary Steward Mr Goodwin demonstrated the incident and identified the horses and Riders concerned.

Soon after leaving the barrier, Riders were trying to obtain places closer to the running rail. Ms Comignaghi angled across when not sufficiently clear of Ms O’Malley, dictating that runner inwards onto Ms Lazet’s mount. Mr Goodwin said that prior to Ms Comignaghi coming across, Ms Lazet’s horse was over-racing and proving difficult.

In response, Ms Comignaghi explained that she thought she was clear when she moved across and had not seen Ms O’Malley behind her. She was trying to get in a position behind Mr Dell’s mount, but when she heard calling behind her, she stayed out instead.

Decision:

As Ms Comignaghi admitted the breach, the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Mr Goodwin produced Ms Comignaghi’s riding record which indicated two breaches under the Careless Riding Rule in the last 12 months, namely

1/10/22         4 days  (mid-low range)

11/3/22         4 days

Ms Comignaghi had 459 rides last season and has had 58 this season.

Mr Goodwin said Stewards assessed the level of carelessness to be in the low to mid range.

Ms Comignaghi advised of riding engagements through until November 5th at Riccarton. She said that Cup week was the most important time of the year for her with the opportunity for Group 1 rides.  She had done her best today by correcting as soon as she realised she had caused interference.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined Ms Comignaghi’s carelessness to be in the mid to low range and adopted a starting point of 6 days.  This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that the Respondent dictated the line of Ms O’Malley, which set up a concertina effect to 2 other runners to her inside, however the ungenerous racing manners of Ms Lazet’s mount clearly contributed to the degree of tightening.

Ms Comignaghi is a busy Rider, and when looked at in this light, her record is very good. Credit has been given for her record and admission of the breach. Also taken into account was the 3 day Canterbury Carnival, and the fact that Ms Comignaghi will miss one of the premier days as result of suspension.

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

Conclusion:

Ms Comignaghi’s  request for a deferment is granted, and her licence to ride in races is suspended for a period of 4 days, commencing after racing on 5/11/22 and concluding after racing on 11/11/22.