Otago RC 1 June 2025 – R5 – Lee Callaway

Miss Haley alleged that Mr Callaway failed to weigh in when his mount BALZANO in Race 5 was placed 4th, with the horse being disqualified from the race. Mr Callaway admitted the breach, with the facts being as outlined in the related Ruling.

Decision

As Mr Callaway has admitted the breach, it is found to be proved.

Submissions as to Penalty

Miss Haley produced the Respondent’s record, which is clear under this Rule. She referred the Adjudicative Committee to two cases where a suspension had been imposed where a horse had been disqualified for a breach of this Rule. One was Najib (2025) and the other was McNeill (2023). In both cases, the disqualification was from 4th placing, as here, and the penalty was a 2-week suspension.

Miss Haley also sought a 2-week suspension. She also submitted that Mr Callaway’s riding fee should be forfeited. Rule 357(2) provides;

“ Where a horse is disqualified from a Race by reason of the fault or misconduct of the Rider, the applicable riding fee will not payable provided however that if the Judicial Committee is satisfied the disqualification is due to inexperience or inadvertence, it may direct that the Rider be paid the applicable riding fee”

Mr Callaway agreed with Miss Haley’s submissions. Mr Callaway asked for a deferment until after the meeting on 11 June. The Stewards did not object to this.

Reasons for Penalty

The two cases to which Miss Haley refers are helpful. A breach of this Rule is rare and it confirms that Mr Callaway’s failure is one that he, as an experienced Jockey, should not have made. His explanation as to the impact upon him of wasting is noted. Mr Callaway’s failure to weigh in is a fundamental error that calls into question the integrity of the Industry and, in that regard, is a serious breach deserving of a significant penalty. Disqualification from 4th is to be regarded as a less serious breach than where a horse has finished in the first three. Fewer investments are affected and the stake money lost is less. However, the impact of Mr Callaway’s actions upon the connections of BALZANO and the betting public, must be reflected in the penalty.

A suspension at the level of 2-weeks, as submitted by Miss Haley, which is consistent with the penalty in the two cases cited, is appropriate.

Conclusion

Mr Callaway’s Licence to ride in races is suspended from the conclusion of racing on 11 June, up to and including 25 June 2025. This is 2 weeks. It is not appropriate that the connections of BALZANO pay Mr Callaway a riding fee. Mr Callaway’s riding fee for Race 5 is forfeited pursuant to r 357(2).