Matamata RC 28 August 2022 – R4 – Tegan Newman

Evidence:

Following the running of Race 4, the “NZB Insurance Pearl Series Race”, Mr Dooley presented an Information charging Ms Newman, the Rider of “SHEJENGAR”, with careless riding in breach of Rule 638(1)(d).

It was alleged that Ms Newman allowed her mount to shift inwards when not sufficiently clear of “MOONLIGHT SHADOW”, ridden by Ms K Hannan resulting in that horse having to be checked near the 150 metre mark.

Mr Oatham illustrated from the head on race film that Ms Newman’s mount racing outside most other runners, and when in contention, began to drift in at about the 200 metre point.  Ms Newman stopped riding her mount and corrected this inwards movement.  But after straightening the horse for several strides, it was then allowed to drift in again off its rightful line so as to come into contact with and inconvenience Ms Hannan’s mount which had to be checked and lose momentum.  That horse, “MOONLIGHT SHADOW” finished 6th and Ms Newman’s mount ‘SHEJENGAR” finished 4th.

Decision:

As Ms Newman admitted the breach, it was deemed proved.

Submissions for Penalty:

Mr Dooley advised that the Stewards considered the careless riding to be at the low end of the scale.  Ms Newman has has one previous riding offence in the past 12 months, on 18 December 2021, for which her licence was suspended for 4 National Riding Days.

Ms Newman said that, if she was to be suspended, she had no committed riding engagements in the next 7 days.

Reasons for Penalty:

The NZTR Guidelines provide for a starting point of 5 days suspension.  The good record of only 1 breach in the past 12 months is incorporated and taken into account in fixing that starting point.  There are no aggravating factors requiring an uplift.  Admission of a charge (that is a “guilty plea”) does not without more, justify a reduction as “mitigating”.  Supreme Court authority makes it clear that reduction in any sentence ought not be automatically granted simply by a plea of “guilty”.  If it is warranted it will depend on all the circumstances, and if any defence is futile, often no reduction of penalty because of a guilty plea, will arise.

Conclusion:

Ms Newman’s licence to ride is suspended for 5 National Riding Days to commence at the conclusion of racing today, 28 August 2022, and to end at the conclusion of racing at Avondale on 7 September 2022.