Non Raceday Inquiry – Written Decision dated 24 February 2023 – Kylie Williams

BACKGROUND:

The Respondent has admitted a charge that, as the Rider of JUST MAYBE, in Race 10, ODT Southern Mile Qualifier Rating 65, at the meeting of Banks Peninsula RC held at Riccarton Park on 11 February 2023, she allowed her mount to shift in when not clear of TAIMATE DIVA (R Mudhoo) which clipped a heel and blundered, dislodging its rider passing the 1400 metres.

Stipendiary Steward, Mark Davidson produced an Authority to Charge, signed by the Chief Executive Officer of the RIB. Information No. A21204 was filed and served. The Respondent endorsed the Information “I do admit a breach of the Rule” and she confirmed this at the hearing.

EVIDENCE:

Mr Davidson had Stipendiary Steward, Veronica Algar, show video replays of the incident, approximately 200 metres after the start of the 1600 metres race. Ms Algar pointed out the two runners – JUST MAYBE, ridden by the Respondent, and TAIMATE DIVA, ridden by Rohan Mudhoo. Ms Algar pointed out that the Respondent had crossed from a wide barrier draw and had allowed her mount to shift in. The Respondent realised that she had done so too quickly. She steered her mount back out to ease the pressure, before allowing it to shift back in, when Mr Mudhoo’s mount clipped its heels, dislodging Mr Mudhoo. The Respondent was not the required her own length and another length clear, Ms Algar said.

The Respondent said that she had noticed Mr Mudhoo’s mount pulling hard as she looked to go forward and cross it. She could see that she was not clear and had taken hold of her mount and looked at the same time. As she had done that, her mount had marginally turned its hind quarters in and Mr Mudhoo’s mount, pulling hard, had come out at the same time. With both horses moving, she said, Mr Mudhoo’s mount had clipped heels. She had not actually crossed Mr Mudhoo, she said.

Mr Davidson agreed that the Respondent had tried to relieve the pressure. However, Mr Mudhoo was established where he was and the Respondent was going straight, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson  said that the Respondent has three previous charges on her record – 25 February 2022 at Riccarton, suspended 4 days (low level), 18 April 2022 at Riverton, suspended 7 days (high level) and 25 June 2022 at Riccarton, suspended 4 days (low level). The oldest of those charges, on 25 February 2022, is about to “drop off” her record and she has had 312 rides since her last suspension, 8 months ago. He said that represented an excellent record and the Respondent had admitted the breach, immediately after being shown the video replays of the incident.

He referred the Adjudicative Committee to the Penalty Guide which suggests a starting point for “careless riding causing a fall” of a 4-weeks suspension, and referred to a number of cases in which Jockeys, with one exception, had received a 4-weeks suspension for careless riding causing a fall. It was an aggravating factor that Mr Mudhoo had received injuries in the fall, but has made a very good recovery,  Mr Davidson said.

Mitigating factors were that Mr Mudhoo’s mount was “getting a touch keen” at the time, the Respondent’s very good record and that she had admitted the breach immediately upon being shown the videos of the incident.

The Respondent sought a deferment of suspension until after the meeting of Otago RC on 4 March next.

REASONS FOR PENALTY:

This is a mid-level breach of the Careless Riding Rule. The appropriate starting point is a 4-weeks suspension as prescribed in the RIB Penalty Guide (February 2023). The aggravating factor highlighted by Mr Davidson – the injury to Mr Mudhoo, fortunately not serious – is offset by the mitigating factors of the Respondent’s prompt admission of the breach and her riding record, which is excellent by any definition.

A suspension for a period of 4 weeks is appropriate, weighing up those factors, and is consistent with the majority of penalties handed down in other cases of careless riding causing a fall.

CONCLUSION:

The Respondent’s application for a deferment is granted. Her Class A Jockey’s Licence is suspended for a period of 4 weeks, commencing on 5 March 2023 and ending on 1 April 2023.