Hawkes Bay RI 2 October 2021 – R3 – Shaun McKay

SUMMARY OF FACTS:

The Information alleged a breach of Rule 638(1)(d) in that S McKay (The Mitigator) allowed his mount to shift inwards near the 800 metres when not clear of Satu Lagi which was checked.

Mr McKay confirmed he did not admit the breach.

Video footage of the incident was presented.

Approaching the 800 mark, The Mitigator was in front but posted approximately 2/3 horse widths from the fence. To his inside was Satu Lagi (Mr J Kamaruddin) who was within 3/4 to 1 length behind The Mitigator.  Mr Goodwin said Mr Kamaruddin was aware Mr McKay wanted to take up a position closer to the rails so he took a hold of his mount to allow him to do so.  Mr McKay then shifted in when insufficiently clear – causing Satu Lagi to be checked.

Mr Kamaruddin gave evidence for the Stewards. He said his horse was racing keenly and he pulled back to let Mr McKay come across. Mr Kamaruddin confirmed that he suffered interference and said it was due to Mr McKay being only one length clear when  he came across. Mr McKay asked him whether his mount overreacted to the situation to which he replied – yes.

When asked for comment Mr McKay stated that his horse was a natural leader, that Mr Kamaruddin’s horse was not and that Satu Lagi overreacted to the situation. He also sought clarification from the Committee about where in the Rules it said that a Rider had to be 2 lengths clear before crossing another. Mr Oatham read out the appropriate Rule:

642(2)  
(b) interference is defined as:
(i) a horse crossing another horse without being at least its own length and one
other clear length in front of such other horse at the time of crossing;

REASON FOR DECISION:

The Committee considered the film and input from all parties. It is recognized that at the time of the incident Mr Kamaruddin was looking to take hold of his mount and did to some degree overreact to the situation. Regardless, Mr McKay had a duty to ensure that he was the required distance clear before crossing, and on this occasion the films clearly show that he was not. The Committee therefore considered Mr McKay’s ride amounted to careless riding as outlined within Rule 638(1)(d) and the charge was found proved.

SUBMISSION FOR PENALTY:

Mr Oatham outlined Mr McKay’s recent record.

11/2020 Tauranga low/mid 5 days

5/2021 Te Rapa low/mid 5 days $400

It was contended that the breach sat ‘a little’ below mid range and that Mr Kamaruddin’s mount, by over-racing, had exacerbated the incident.

Mr McKay sought deferment to satisfy riding commitments.

REASON FOR PENALTY:

The breach is proved.  The Committee concur that the breach sits at, or just below, mid range. Current Penalty Guidelines provide a starting point of 7 days for a midrange careless riding breach.  Mr McKay’s recent record is deemed neutral. A reduction in penalty is applied to reflect the actions of Satu Lagi.

CONCLUSIONS:

McKay is suspended from the close of racing on the 6th October 2021 up to and including racing on 14th October 2021 – 6 NR days.