Levin RC 30 November 2023 – R3 – Sarah O’Malley

ID: RIB30329

Respondent(s):
Sarah O'Malley - Jockey

Applicant:
Ms V Algar - Stipendiary Steward

Adjudicators:
N Moffatt and Hon JW Gendall KC

Persons Present:
Mr Neil Goodwin - Stipendiary Steward, Ms O'Malley

Information Number:
A17518

Decision Type:
Race Related Charge

Charge:
Careless Riding

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

Plea:
Admitted

Animal Name:
SUNRISE

Code:
Thoroughbred

Race Date:
30/11/2023

Race Club:
Levin Racing Club

Race Location:
Otaki Racecourse - Te Roto Road, Otaki, 5512

Race Number:
R3

Hearing Date:
30/11/2023

Hearing Location:
Otaki Racecourse

Outcome: Proved

Penalty: Jockey Sarah O'Malley is suspended 4 days

Evidence:

Following the running of Race 3, the Respondent Class A Rider Ms Sarah O’Malley, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of SUNRISE, Ms O’Malley allowed her mount to shift outwards when not fully clear of LITTLE BUT FIERCE, which was checked near the 300 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 Mr Goodwin demonstrated the incident and identified the horses and Riders concerned. He said as Ms O’Malley turned into the home straight, she moved outwards attempting a run when not clear of Mrs Allpress, causing her to check her mount. Mr Goodwin described it as a “panic” ride and suggested Ms O’Malley could have applied more patience.

Ms O’Malley had nothing to say in response.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Ms Algar said Ms O’Malley had a clear record under this Rule and has had 114 rides in the last 12 months, but 9 months of this time was spent on maternity leave.

She said Stewards assessed the level of carelessness to be in the low range.

Ms O’Malley advised of riding engagements through until Saturday December 9th and sought a deferment to any proposed suspension.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined Ms O’Malley’s carelessness to be in the low range. While she moved out when not clear of LITTLE BUT FIERCE, Mrs Allpress did not have to check to a great degree. The Adjudicative Committee adopted a 5 day suspension as the starting point, which is in accordance with the NZTR Penalty Guide as of February 2023.

The Respondent’s riding record is treated as a mitigating factor and a 1-day reduction was applied to the 5-day starting point for her admission of the breach and record.

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

Conclusion:

Ms O’Malley’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 Saturday December 9th and concluding after racing on Saturday December 16th.

Decision Date: 30/11/2023

Publish Date: 04/12/2023