Matamata RC 29 October 2022 – R3 – Ryan Elliot

Evidence:

Following the running of Race 3, the Respondent Class A Rider Ryan Elliot admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of LA VERITE he permitted his mount to shift outwards when not sufficiently clear, dictating BERBIZIER outwards into the line of DRAGON BISCUIT which was checked near the 350m.

The Respondent acknowledged he understood the Rule and confirmed his 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 Oatham demonstrated the incident and identified the horses and Riders concerned.

Mr Oatham said that approaching the turn, Mr Elliot was on the rail and looking to clear the heels of the horse in front of him. He said that Mr Elliot shifted outwards into the line of BERBIZIER, who was slightly behind and outside of LA VERITE. The outcome of this shift determined that BERBIZIER was forced into the line of DRAGON BISCUIT, which was checked.

In mitigation, Mr Oatham said that LA VERITE may have got unbalanced at the time of the incident which contributed.

Mr Elliot said his horse was green and over racing. He said that when he angled across heels, his horse changed stride, become unbalanced, and “Dropped through its shoulder” as a result losing a little momentum, becoming unbalanced and getting into the line of BERBIZIER.

Decision:

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

Submission for Penalty:

Stipendiary Steward B Jones produced Mr Elliot’s riding record, which indicated 1 previous breach under the Careless Riding Rule in the last 12 months.

10/2/22 – 4 day suspension

Mr Elliot has had 419 mounts in the past 12 months.

Stewards assessed the level of carelessness to be in the low range, and referred to the horse’s inexperience as a mitigating factor.

The Respondent advised of riding engagements through until the 5th of November and sought a deferment to any proposed suspension.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined Mr Elliot’s carelessness to be in the low range and adopted a 5 day (suspension) as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that the Respondent shifted outwards when not sufficiently clear of the trailing runners.

LA VERITE’S racing manners were treated as a mitigating factor and any interference suffered by the trailing runners was minimal.

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 his admission of the breach and record.

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

Conclusion:

The Respondent’s request for a deferment is granted, and  his  license to ride in races is suspended for a period of 4 days, commencing after racing on 5th of November and concluding after racing on the 11th of November.