Riccarton Park – Canterbury JC 13 November 2024 – R9 – Kelly Myers

ID: RIB48307

Respondent(s):
Kelly Anne Myers - Jockey

Applicant:
Mr Mark Davidson - Stipendiary Steward

Adjudicators:
Dave Anderson (Chair), Stewart Ching

Persons Present:
Mr John Oatham - Chief Stipendiary Steward, Mr Davidson and Ms Myers

Information Number:
A19646

Decision Type:
Race Related Charge

Charge:
Careless Riding

Rule(s):
638(1)(d) - Riding/driving infringement

Plea:
Not Admitted

Animal Name:
TITICACA

Code:
Thoroughbred

Race Date:
13/11/2024

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R9

Hearing Date:
13/11/2024

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Jockey Kelly Myers is suspended for 4 days

EVIDENCE:

Following the running of Race 9, Stipendiary Steward Mr Mark Davidson presented an Information alleging a breach of Rule 638(1)(d) by Class A Rider Miss Kelly Myers.

Miss Myers stated she understood the Charge, was conversant with the Rule and confirmed she did not admit the breach of the Rule.

Mr Davidson had Mr Oatham identify Miss Myers riding TITICACA, with Miss Comignaghi riding STRONG and demonstrated the incident on four different angles of video coverage.

Mr Oatham pointed to Miss Myers, in behind horses and full of running, direct her horse outwards when not sufficiently clear and he said, where there was insufficient room to do so, making firm contact with STRONG near the 300m. He said she has then continued to make further contact with that runner on several occasions.

Mr Davidson called the Rider of STRONG, Miss Comignaghi, who acknowledged she received interference from her inside, which caused her horse to become unbalanced.

Miss Myers asked Miss Comignaghi if both horses became unbalanced, which she agreed they had. Miss Myers said she was on one of the favourites, obviously held up and had no intention to push Miss Comignaghi out, but just put her horse’s head into a half gap, hoping for it to open up. She said as contact was made, her horse became unbalanced and lent on STRONG, who was also unbalanced and lent on her.

Mr Davidson, in summing up, said there was never room for Miss Myers to improve into and alluded to the video evidence to support the Stewards’ view.

REASONS FOR DECISION:

The Adjudicative Committee, in addition to viewing the videos at the hearing, excused the room so it could revisit all video angles of the alleged breach. It found them compelling, giving no doubt Miss Myers has directed her horse out when there was insufficient room, contacting STRONG firmly, who became unbalanced. Miss Myers admitted in her evidence, her horse overreacted and “climbed all over” Miss Comignaghi’s horse.

The Adjudicative Committee’s view, regarding the buffering between the two horses after the initial contact, is irrelevant to the charge. Miss Myers  steered her horse out into a minimal gap, making room for herself and in doing so, made very firm contact, unbalancing Miss Comignaghi’s horse, which the Adjudicative Committee considers to be in breach of the Rule.

DECISION:

The Charge was found to be proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson said the Stewards believe the breach to be in the low range and Miss Myers has a clear record under the Rule. He said a suspension as per the Guidelines would be appropriate.

Miss Myers said she would like a deferment, to allow her to fulfil her engagements up to the Pukekohe meeting on the 23rd of November.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 5-day suspension for a low range breach of this Rule.

The Adjudicative Committee agrees with the assessment of the Stewards, that this breach is at low range. In evidence, Miss Comignaghi stated the incident had no bearing on the finishing place of her horse.

Miss Myers is a very busy and successful Rider, who has not breached the Careless Riding Rule in the previous 12 months, which the Adjudicative Committee affords her credit. That credit is set at 1 day.

Deferment is granted and considering all factors, it finds a 4-day suspension to be fair and reasonable in the circumstances of this case.

CONCLUSION:

Jockey Kelly Myers’ Licence to ride in races is suspended from the conclusion of racing on 23 November 2024, up to and including racing on 29 November 2024.

Decision Date: 13/11/2024

Publish Date: 15/11/2024