Gore RC 25 October 2023 – R6 – Brett Murray

ID: RIB28881

Respondent(s):
Brett Murray - Jockey

Applicant:
Stipendiary Steward, Ms Rebecca Haley

Adjudicators:
Dave Anderson

Persons Present:
Ms Haley and Mr Murray, Mr Mark Davidson-Stipendiary Steward, Mr Montes de Oca

Information Number:
A11834

Decision Type:
Race Related Charge

Charge:
Careless Riding shifting ground when not clear

Rule(s):
638(1)(d) - Riding/driving infringement

Plea:
Not Admitted

Animal Name:
CLAUDIUS MAXIMUSS

Code:
Thoroughbred

Race Date:
25/10/2023

Race Club:
Gore Racing Club

Race Location:
Gore Racecourse - 136 Gore-Mataura Highway, Gore, 9772

Race Number:
R6

Hearing Date:
25/10/2023

Hearing Location:
Gore Racecourse.

Outcome: Proved

Penalty: Jockey, Brett Murray suspended for 5 days

EVIDENCE:

Following the running of Race 6, Stipendiary Steward, Ms Rebecca Haley presented an Information alleging a breach of Rule 638(1)(d) by Class A Jockey, Mr Brett Murray.

Mr Murray stated he was conversant with the Rule and the Charge and confirmed he did not admit the breach.

Ms Haley played the video replay and had Stipendiary Steward, Mr Mark Davidson identify Mr Murray (CLAUDIUS MAXIMUSS) racing 3 wide passing the winning post. Mr Davidson pointed to Mr Murray, at approximately the 1500m, direct his horse inwards into the line of LEO’S HIPPO (D Montes de Oca), which reacted awkwardly checking LOCHNABERRY (B Rogerson), who contacted the rail resulting in the trailing runner TWILIGHT GEM (S Toolooa) having to be restrained.

Mr Montes de Oca was called as the Stewards witness. Mr de Oca stated Mr Murray had not allowed him enough room.

Mr Murray said although he had put some pressure on Mr de Oca, LEO’S HIPPO is a recidivist “over- racer”. Mr Murray said had any other horse been in its position, no horse would have had to check.

REASONS FOR DECISION:

The Adjudicative Committee considered all submissions carefully and viewed the video many times.

The Stewards and Mr Murray agree, LEO’S HIPPO has become awkward when in tight quarters. Mr Murray admitted he was aware of the horse’s tendency and the Adjudicative Committee consider this should have been a red flag for Mr Murray to give LEO’S HIPPO a little extra room. At no stage of Mr Murray’s manoeuvre was he, his length and another clear. Mr Davidson’s opinion was Mr Murray was barely a length clear when shifting inwards.

DECISION:

The charge was found proved.

SUBMISSIONS FOR PENALTY:

Ms Haley stated Mr Murray had a clear record under the Rule and the Stewards assessment of the breach is low to mid-range.

Mr Murray made no submissions as to Penalty.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 5-day suspension for a low range breach of the Rule.

The Adjudicative Committee agree this breach is more serious than low level. Mr Murray’s good record is considered, affords him credit, and the Adjudicative Committee considers a 5-day suspension is the appropriate penalty in this case. This suspension will commence after racing on 2 November 2023 as Mr Murray incurred a suspension at Ashburton on Sunday, 22 October.

CONCLUSION:

Jockey, Mr Brett Murray’s Licence to ride in races is suspended for 5 days from the conclusion of racing on the 2 November 2023 up to and including racing on the 9 November 2023.

Decision Date: 25/10/2023

Publish Date: 26/10/2023