Rangiora HRC 27 August 2023 – R2 – Ricky May

Summary of Facts:

Following the running of Race 2, the Respondent Ricky May admitted a breach of Rule 869(3)(b); namely that when driving LOVE WALKED IN he drove carelessly rounding the final bend when allowing his runner to shift inwards checking MOONDANCE  which broke.

The Respondent, Mr May, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward Mr Renault identified the horses involved in the incident namely, LOVE WALKED IN, driven by Mr May, racing 4 wide rounding the final bend with MOONDANCE, driven by Matthew Williamson, racing 3 wide, positioned inside Mr May. Mr Williams said that Mr May allowed his horse to shift inwards, putting MOONDANCE in restricted room and as a result, contact was made by the fore leg of MOONDANCE onto the wheel of LOVE WALKED IN, and broke losing its chance.

Mr May stated that the movement was minimal and his horse went to follow the runner ahead, which had shifted in from a 4 wide position.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Stipendiary Steward Mr Williams produced the Respondent’s record, which indicated a clear record. Mr May, he said, drove on 483 occasions last season, with 354 so far this season.

In mitigation, Mr Williams said that the Respondent freely admitted the breach and combined with his clear driving record, should be afforded credit.

Mr Williams added that Stewards assessed the breach as mid range, with the aggravating factor being the consequences to MOONDANCE, who lost all chance.

The Respondent made no submissions on penalty, apart from requesting that any suspension begin as soon as possible.

Reasons for Penalty:

The Penalty Guide provides a mid range penalty starting point of  a 3 day suspension.

The aggravating factor to consider was the consequential affect on MOONDANCE, who lost all chance. An uplift was warranted and set at 1 day.

The Respondent was given credit for his good record and admission of the breach, resulting in a combined discount of 1 day.

After evaluating all of the factors, the Adjudicative Committee determined a 3 day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent, Mr May was suspended from the conclusion of racing today, 27 August 2023 up to and including 8 September 2023. Relevant meetings encompassed in this period of suspension were Addington 1 September, Ashburton 3 September and Addington 8 September 2023.