Non Raceday Inquiry – Written Decision dated 12 October 2022 – Crystal Lindsay

Introduction:

Background Information

[1] This charge arises from the meeting conducted by the Taranaki RI @ New Plymouth Raceway, on 17 September 2022. Following the running of Race 2, Stewards opened an investigation into the ride of Crystal Lindsay (Class B Apprentice) which resulted in the filing of an Information (No. A17235) by Chief Stipendiary Steward Mr J Oatham alleging a breach of Rule 638(1)(d).

The Charge

[2] Information No. A17235 alleges that:

Apprentice Rider C Lindsay permitted her mount CAPE KENNEDY to shift inwards when not sufficiently clear of VIOLETSRBLUE which was checked near the 700 metres.

[3] By way of memorandum dated 7 October 2022 Mr M Clement RIB: CE provided authority to charge the Respondent Miss Lindsay.

The hearing

[4] This charge was heard at the Avondale JC meeting on 12 October 2022. Apprentice Rider Miss Lindsay was supported at the hearing by her Employer, Trainer Mr S Marsh.

The Plea and decision

[5] The Information was endorsed I do admit the breach. This was confirmed by Miss Lindsay at the commencement of the hearing.

[6] As Miss Lindsay admitted the breach the Adjudicative Committee finds the charge proved.

Evidence:

The Rule

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

[8] Using the available race films, Stipendiary Steward, Mr Dooley demonstrated the incident and identified the horses and Riders concerned, namely CAPE KENNEDY (C Lindsay) and VIOLETSRBLUE (A Mudhoo). He pointed out that CAPE KENNEDY drew the outside barrier and Miss Lindsay looked to her inside for cover after leaving the starting gates.

[9] Mr Dooley said that nearing the 700 metres, she shifted inward when not clear of VIOLETSRBLUE requiring its Rider to take a firm hold. Consequently, VIOLETSRBLUE clipped a heel, blundered, and lost ground. Mr Dooley said that at no stage was CAPE KENNEDY the required distance clear of VIOLETSRBLUE.

[10] In response, Mr Marsh said that Miss Lindsay admitted the breach, but the shift inward was only slight.  By contrast he pointed to another incident in the race where a horse he identified (in the orange colours) had shifted inward and the Rider’s action was far worse than Miss Lindsay’s carelessness.  He said she had no intent; her shift was slight, and it got tight because the horse on the inside of VIOLETSRBLUE ‘kicked up,’ and as a result she was a victim of circumstances.

Submission for Penalty:

[11] Mr B Jones advised that Miss Lindsay is in her second season of race riding and has had 88 raceday rides.  He said she has a clear record, this being her first charge under the Careless Riding Rule. He said that Stewards assessed the breach to be in the mid-range. He added that the actual shift in was “not too bad” but given that VIOLETSRBLUE clipped heels and blundered, the consequences placed the breach in the mid-range.

[12] In response, Miss Lindsay sought a deferment to any proposed suspension until after racing on 16 October 2022.

Reasons for Penalty:

[13] After considering the submissions, the Adjudicative Committee determined the Respondent’s carelessness to be in the mid-range, which has a starting point of a 7-day (suspension).

[14] The available films clearly established that the Respondent allowed her mount to shift in when not her own length and one other clear of VIOLETSRBLUE, who was checked and blundered. The Rider of VIOLETSRBLUE was required to take immediate action. At the same time, the horse on the inside of VIOLETSRBLUE did move up on its inside, which although was not a contributing factor did add to VIOLETSRBLUE being placed in restricted room. The actual shift inward by Miss Lindsay was at the low end but the consequences place the breach in the mid-range.

[15] Mitigating factors include the Respondent’s particularly good record and her admission of the breach. For these combined factors she is afforded a 2-day reduction. Her good record must be tempered by the fact that she has only had 88 raceday rides and she is therefore still an inexperienced Apprentice Rider.  In response to a question from the Adjudicative Committee, Miss Lindsay said that she has learnt some lessons from the incident.

[16] After taking into consideration the relevant factors including the Respondent’s record, her admission, the mid-range nature of the breach, a 5-day suspension is imposed. She is granted a deferment until after racing on 16 October 2022.

Conclusion:

[17] Miss Lindsay’s license to ride in races is suspended for a period of 5 days commencing after racing on 16 October 2022 and concluding after racing on 23 October 2022.

Costs:

[18] Because this charge was heard on a raceday there is no order for costs.