R Tauranga 22 July 2023 – R8 (heard 26 July 2023 at Cambridge) – Ngakau Hailey

EVIDENCE:

Following the running of Race 8 at the Tauranga Racing Meeting on 22 July 2023, Mr Dooley, Stipendiary Steward, presented an Information charging Apprentice Jockey Mr N Hailey with careless riding in breach of Rule 638(1)(d).  Mr Hailey admitted the breach.  As there were time limitations after Race 8, the Information was adjourned for a penalty decision to be heard at the Cambridge Jockey Club Meeting on 26 July 2023.

The Informant alleged that Mr Hailey permitted his mount “MR ROC” to shift inwards when insufficiently clear of ‘FLY MY WEY” which was checked near the 350m point.

Mr Hailey was assisted by Ms D Sweeney and confirmed that he admitted the the charge.

Mr C Simpson, Stipendiary Steward, identified the particulars of the breach from the race films.  These showed that Mr Hailey was riding his mount “MR ROC” vigorously as it came into contention, wide on the track, when the field turned for home.  He allowed his mount to shift inwards, without attempting to correct its movement when not sufficiently clear of “FLY MY WEY” causing its Rider, Mr Moodley, to forcibly check his mount, losing valuable ground.

Mr Hailey’s mount ran on to finish 4th and Mr Moodley’s mount finished 6th.

The degree of carelessness on the part of Mr Hailey was assessed at being in the low/mid range.

DECISION:

As the charge was admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Jones advised that Mr Hailey had only been riding for a short time, having had 56 rides with a  suspension of 4 days imposed on 13 July 2023.

Mr Hailey said his mount was “hanging a bit” but made no submissions as to penalty.  Ms Sweeney advised that, prior to the Tauranga Meeting on 22 July 2023, Mr Hailey had taken a committed engagement to ride on Saturday 29 July 2023, that was the day after the Tauranga 4 days suspension was due to conclude.

REASONS FOR PENALTY:

The starting point guide refers to a suspension of 5 days for a low range carelessness, but a Rider’s record may be taken into account.  Mr Hailey has only been riding as an Apprentice for a few months and has ridden several winners.  He obviously is a promising Jockey.  But he has now committed 3 breaches of the Rules, the previous 2 being on 22 June 2023 (excessive use of the whip) and very recently on 13 July 2023, careless riding for which his Licence was suspended for 4 National Riding Days.  The operation of this suspension was deferred for 10 days under Rule 1106(2)(b) so as to commence at the conclusion of racing at Tauranga on 22 July 2023.  So this offence was in his last race ride before that suspension commenced.

In the Decision relating to his last careless riding offence, the Adjudicative Committee accepted Mr Hailey’s error arose out of “youthful inexperience”.  That mitigating factor cannot be applied for his second breach within 10 days.

It is an aggravating factor that Mr Hailey would offend in a somewhat similar way within minutes of his having to commence his 4 day suspension.  It requires an uplift of 1 day from the Penalty Guide (5 days).

Accordingly, Mr Hailey’s Licence to ride is suspended for 6 National Riding Days.

Normally this 6 day period of suspension would be imposed cumulatively on the earlier period but the Adjudicative Committee agrees with the submission that this would be unfair in the circumstances.  That is because, when the committed engagement for 29 July 2023 was made, it was in the understanding that the earlier suspension ended after racing on 28 July 2023.  So, as at “the time this [present] suspension is imposed”, as provided in Rule 1106(2)(b), Mr Hailey had a committed engagement to ride on 29 July 2023.  That is because when he made such engagement, he believed he was then able to ride after 28 July 2023.  It would not only be unfair but also not consistent with the Rules, to direct that this suspension should follow cumulatively upon the prior suspension finishing.

So, the effect of this is that:

(a)  The 4 day suspension concludes at the end of racing on 28 July 2023.

(b)  As Mr Hailey was, before committing this careless riding breach on 22 July 2023, able to make a committed engagement to ride on 29 July 2023, he is entitled to a 7 day deferment of the present suspension.

(c)  The 6 National Riding Days suspension is not cumulative on the earlier 4 days penalty, as there will be one day (29 July 2023) during which he may fulfil the existing engagement.

CONCLUSION:

Accordingly, the Licence to ride of Mr Hailey, is suspended for 6 National Riding Days, to commence at the conclusion of racing on 29 July 2023 and to end at the conclusion of racing on 12 August 2023.