Hawkes Bay RI 7 September 2024 – R6 – Lily Sutherland

Following the running of Race 6, Apprentice Rider Ms L Sutherland, defended a charge of careless riding, which was filed pursuant to Rule 638(1)(d). The Information alleged that she permitted her mount SUPER WRAITH to shift inwards when not sufficiently clear over the concluding stages crowding OVERDRAWN, HOKITIKA BELL, TESTWIN, FONSI and THE ENTERTAINER.

Rule 638(1)(d) provides: A rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Mr Oatham had Mr Jones identify the Riders concerned and outline the incident. He paused the head-on film to show all Riders free of interference, with adequate room between each runner. From the fence outwards were, Mr Kennedy (THE ENTERTAINER), Ms Hercock (FONSI), Mr Parkes (TESTWIN), Mr Doyle (HOKITIKA BELL), Mr Cartwright (OVERDRAWN), Ms Sutherland (SUPER WRAITH) and Mr Grylls (CHARMER). Mr Jones said Ms Sutherland began to move inwards and intially straightened her mount, but then used her stick and moved in further, when not clear of Mr Cartwright. At the same time, Mr Doyle was attempting to take a gap between Mr Cartwright and Mr Parkes, but the gap closed as a result of Ms Sutherland coming across, taking the line of Mr Cartwright, causing crowding to all other runners to his inside.

Stewards maintained that Ms Sutherland had not been dictated across by Mr Grylls’ mount, as she was racing ahead of him at that time. Mr Oatham said the affected Riders had reported pressure from the outside. It was the opinion of the Stewards, that the crowding was caused by Ms Sutherland’s inward movement. She had an obligation to straighten her mount, but when she attempted to correct her line, the damage had already happened.

Ms Sutherland defended the charge on the basis that down the home straight, her line had been dictated to by the horse to her outside, CHARMER ridden by Mr Grylls. She explained that although she was in front of him, that margin got smaller towards the line and she said contact does not have to occur. Ms Sutherland acknowledged her mount had “ducked in”, but said she grabbed the rein and pulled outwards. Ms Clapperton queried the use of the word “crowding” in the charge and while conceding Ms Sutherland had moved inwards, said no Rider was forced to check back as a result.

Reasons for Decision

In reaching a decision, the Adjudicative Committee carefully considered all the evidence, including footage from multiple angles, including drone footage. Prior to the incident, the Adjudicative Committee was satisfied that there was sufficient room for all runners, particularly noting a small, but legitimate gap available for Mr Doyle to come through on HOKITIKA BELL.

Ms Sutherland, riding SUPER WRAITH, was moving inward, with Mr Grylls positioned to her outside. Although Mr Grylls ultimately won the race, at the time of the incident, he was approximately three-quarters of a length behind Ms Sutherland. Therefore, the Adjudicative Committee could not accept the argument that Mr Grylls had dictated Ms Sutherland’s inward line.

Ms Sutherland was only three-quarters of a length clear of Mr Cartwright when she moved inward, which is less than the required two lengths. The Adjudicative Committee concluded that had Ms Sutherland not moved inward, the crowding of multiple runners to her inside would not have occurred. Although there was no significant checking back by any of the Riders, except for Mr Kennedy on the rail, crowding can still be considered interference.

Decision:

For these reasons, the charge of careless riding was found proved.

Submissions for Penalty:

Mr Oatham produced Ms Sutherland’s riding record, which indicated three previous breaches under the Careless Riding Rule in the last 12 months, namely:

3/12/23 – 4 days suspension

20/4/24 – 5 days suspension + $1,000 fine

5/7/24 – 4 days suspension

The Respondent has had 669 mounts in the past 12 months.

Mr Oatham said Stewards assessed the level of carelessness to sit at the low level, saying Ms Sutherland should have done more to straighten her mount when it ran in, but also acknowledged her horse may have reacted to the outside horse.  The resultant interference was quite significant, but as the horses enter a bend soon after the finish, this contributed to the lack of room for Mr Kennedy’s mount, who was the most affected.

Ms Clapperton said Ms Sutherland’s record was very good and previous careless riding charges had all been low end. She advised that Ms Sutherland had riding engagements through until Saturday September 14th and sought a deferment to any proposed suspension.

Reasons for Penalty:

After reviewing all submissions, the Adjudicative Committee determined that Ms Sutherland’s carelessness fell within the low range. A 5-day suspension was adopted as the starting point, in accordance with the NZTR Penalty Guide as of March 2024.

The available footage clearly showed Ms Sutherland’s inward movement, but also indicated that she had attempted to pull outward earlier. However, with Mr Grylls bearing down on her outside, vying for the lead, she used her whip instead of straightening her mount, which resulted in the crowding of five runners to her inside. The number of horses affected and the severity of the interference to Mr Kennedy, were considered aggravating factors.

Ms Sutherland’s riding record was treated as a neutral factor.

Taking these factors into account, a 7-day suspension was imposed.

Conclusion:

Ms Sutherland’s request for a deferment is granted and her Licence to ride in races is suspended for a period of 7 days, commencing after racing on Saturday September 14th and concluding after racing on Friday September 27th, 2024.