Greymouth JC 5 January 2025 – R5 – Leah Hemi

Evidence:

Following the running of Race 5, the Respondent Class A Rider Leah Hemi admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of REGAL DICE, “she allowed her mount to shift inwards when not sufficiently clear of EPEE BEEL, which was checked and forced inwards, crowding IN VEGAS, near the 1200 metres”. 

The Respondent 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 Mark Davidson, with the assistance of Chief Stipendiary Steward, John Oatham demonstrated the incident and identified the horses and Riders concerned. Mr Oatham pointed out Ms Hemi, riding REGAL DICE, racing 3 wide approaching the 1200m with EPEE BEEL, ridden by Kylie Williams, racing 2 wide on the inside of Ms Hemi, and IN VEGAS, ridden by Krishna Mudhoo, positioned on the rail. The replays showed Ms Hemi looking to shift in front of Ms Williams and eventually when doing so, was not clear of Ms Williams, who had to check whilst being forced inwards onto Mr Mudhoo, who was crowded.

In response, Ms Hemi stated that she had looked back to check she was clear of Ms Williams, who she said was trying to ease her mount, but also tending to over race at the time. She said this made the incident look worse. Ms Hemi stated that when she realised that she was not clear, she immediately relieved the pressure, but concurred it was too late to prevent the incident.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Davidson produced the Respondent Ms Hemi’s riding record, which indicated 4 previous breaches under the Careless Riding Rule in the last 12 months, namely;

– 18 January 2023 – 4 days – Low level

– 2 March 2023 – Otago – 5 days – Low level – Listed Race

– 2 June 2023 – Otago 4 days – Low level

– 27 July 2023 – Levin 5 days – Low level – Listed Race

Mr Davidson said Stewards assessed the level of carelessness to be in the above low-range and submitted a starting point as per the Penalty Guide of a 6 day starting point. He added that Ms Hemi was a busy Rider and had 530 rides over the previous 12 months, with 263 rides since her last breach. Mr Davidson submitted that Ms Hemi’s record was good, considering the number of rides since her last breach and the last breach being in July 2023, 4-5 months prior.

In terms of any proposed penalty, the Respondent elected to make no submission apart from seeking a deferment of penalty until after racing on 15 January at Riccarton and sought a deferment to any proposed suspension.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee agreed with the Stewards and also determined Ms Hemi’s carelessness to be in the low to mid range and accordingly, adopted a 6-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

Mitigating factors to consider were Ms Hemi’s good record, despite this being her 4th breach in 12 months, the last of which was in July 2023, 4-5 months prior, 263 rides ago and her frank admission of the breach. A combined discount of 1 day is applied.

There were no aggravating factors to consider, therefore no uplift in penalty was warranted.

It was therefore determined that a 5 day suspension was appropriate.

Conclusion:

The Respondent’s request for a deferment is granted until 15 January 2025 and her Licence to ride in races is suspended for a period of 5 National Days, commencing after racing on 15 January 2025 and concluding after racing on 22 January 2025.