Riverton RC 1 January 2025 – R3 – Brandon May

Background:

Following the running of Race 3, Class A Rider Brandon May defended a charge of careless riding which was filed pursuant to Rule 638(1)(d). The Information alleged that Mr May, riding EIVAN, shifted ground out passing the 150 metre mark, checking THE OCEAN HEART (Y Atchamah).

Rule 638(1)(d) provides:

A rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

The Respondent stated on Information, ‘I do not admit a breach of the rule.’ At the start of the hearing, Mr May confirmed that he wished to defend the charge and that he understood the Rule and the nature of the charge.

Stipendiary Steward Mark Davidson advised that he would call one witness, Jockey Yogesh Atchamah.

Evidence

Stipendiary Steward Rebecca Haley used the available race videos to identify Mr May improving wide on EIVAN to 5th place at the top of the straight. Approaching the 150 metre mark, EIVAN shifted in towards CHANCE (T Moseley) before being pulled back out towards the middle of the track. Ms Haley said Mr May moved out approximately three horse widths until he was immediately in front of THE OCEAN HEART (Y Atchamah), forcing Mr Atchamah to check his horse. Ms Haley said Mr May was not his length and another length clear as he moved out into the path of Mr Atchamah.

Witness Yogesh Atchamah

Mr Atchamah confirmed that he was the Rider of THE OCEAN HEART. In response to questioning from Mr Davidson, Mr Atchamah said his horse had been “flat” on the home turn before “grabbing the bridle” and starting to pick up ground in the straight. He said Mr May’s horse was green and shifted into his line of running, forcing THE OCEAN HEART to be checked. Mr Atchamah said a gap that had been available between EIVAN and YOO HOO JOY (B Murray) closed on him. He agreed the gap had closed because EIVAN had shifted out at least two horse widths. Mr Atchamah agreed he was on EIVAN’s heels when he was forced to check his horse.

Mr May questioned whether Mr Atchamah, without being checked, could have finished any closer.

The Adjudicative Committee asked Mr Atchamah if his horse was travelling well enough to take the gap that appeared near the 150 metre mark. Mr Atchamah said THE OCEAN HEART was a first starter and was also very green, but could have taken the gap. He could not say where he might have finished had he not been checked.

Respondent Brandon May

Mr May submitted that EIVAN was “very green” and he had tried everything to keep his horse straight. He said he dropped his whip when his horse ran out near the 150 metre mark. This was confirmed by the video review.

Mr May said the reason EIVAN ran out at this point of the race – and the reason he was defending the charge – was because both he and his horse were inadvertently struck by Mr Moseley’s whip when EIVAN ran in. Mr May submitted Mr Moseley’s whip made contact with his (Mr May’s) left leg and EIVAN’s near-side shoulder.

“My horse gets a fright and tries to run away,” Mr May said.

The Respondent was unable to conclusively identify this alleged contact from Mr Moseley’s whip on the race videos to the satisfaction of the Adjudicative Committee. He submitted that the basis of his defence to the careless riding charge was his horse’s reaction to Mr Moseley’s whip action.

Asked to comment on this point, Mr Davidson said EIVAN did not appear to shift our abruptly, which might have been expected to happen had the horse been contacted by the Moseley whip action. Mr Davidson said Mr Moseley’s whip might have touched Mr May, but he believed the key factor was the manner in which Mr May had pulled EIVAN back out and away from Mr Moseley.

“In the Stewards’ opinion, he’s just pulled it out too far. Before he goes to straighten, he’s checked Mr Atchamah,” Mr Davidson said.

Mr May said he was clear of Mr Atchamah by some two lengths when he began shifting out from Mr Moseley. He said he had to change his riding action when pulling EIVAN away from the contact to his inside, including regathering the reins. The Respondent believed he “did every reasonable effort to try and keep my mount straight.”

In response to a question from the Adjudicative Committee, Mr May agreed he had continued to urge EIVAN forward after he had pulled the horse away from Mr Moseley. Mr May accepted that Mr Atchamah had had to check off EIVAN’s heels, but said he believed Mr Atchamah could have avoided the incident.

Mr May acknowledged EIVAN was an inexperienced horse, having just his second race start and racing for the first time in blinkers. He agreed that riding a green horse meant he was required to do his best to maintain a straight line. He believed he had done all he could in the circumstances.

Summing up

Mr Davidson said the race videos and the evidence from Mr Atchamah clearly showed the Respondent had shifted ground while pushing EIVAN forward. Stewards could not identify any point during the outward shift towards Mr Atchamah that Mr May had stopped pushing his horse forward. Mr May was not his horse’s length and one other length clear when he shifted out in front of Mr Atchamah, Mr Davidson said.

In response, and in summing up, Mr May said he believed that if he had stopped riding his horse out when in contention, he could have been called in and questioned by Stewards.

Reasons for Decision

A Rider is deemed to be careless when he or she fails to take reasonable steps to avoid causing interference, or causes interference by misjudgment or mistake. On this occasion, having carefully assessed the race videos and the evidence, the Adjudicative Committee is of the opinion that Mr May did not exercise the necessary care required of him under the circumstances.

It is accepted that EIVAN gave the Respondent a challenging ride in the home straight. Approaching the 150 metre mark, the horse is tried once behind the saddle with the whip and runs in on Mr Moseley. Video evidence shows Mr May pulling on his right rein to shift EIVAN back out.

The alleged breach concerns this movement out, which in evidence from Mr Atchamah and Stewards was said to be at least two and perhaps three horse-widths. The Respondent did not disagree with this measure.

Mr May said he elected to defend the careless riding charge because both he and his horse were inadvertently struck by Mr Moseley’s whip when EIVAN ran in. Mr May submitted Mr Moseley’s whip made contact with his (Mr May’s) left leg and EIVAN’s near-side shoulder. Mr May said his horse reacted to this by running out.

The Respondent was unable to conclusively identify this alleged contact from Mr Moseley’s whip on the race videos to the satisfaction of the Adjudicative Committee. Mr May’s commentary that EIVAN “gets a fright and tries to run away” sits alongside clear video evidence of him pulling on the right rein to shift his horse away from Mr Moseley.

In any event, whether or not EIVAN reacted to an inadvertent whip action from another Jockey, this alleged breach, in the opinion of the Adjudicative Committee, turns on the actions Mr May took as his horse was shifting out and away from Mr Moseley.

The shift out by Mr May culminated in Mr Atchamah, who was building a degree of momentum on THE OCEAN HEART and moving towards a gap between EIVAN and the wider horse YOO HOO JOY, having to check off the heels of EIVAN.

Guidance can be taken from Rule 642(2), which includes a definition of ‘interference’ for the purposes of Rules 637 and 642:

(b) interference is defined as:

(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;

(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or

(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.

The above definition of interference relates to Rules 637 and 642, but it is a well-established Rule of practice that when Riders cross, they must be their own length and one other clear as is indicated in clause (i) of the definition.

Mr Atchamah stated that he had to check off the heels of EIVAN. This is supported by the video evidence. The Adjudicative Committee finds that Mr May was not his length and another length clear when EIVAN completed the shift out into the path of Mr Atchamah.

The race videos show the Respondent continuing to push EIVAN forward with his left hand while simultaneously pulling on the right rein to direct the horse away from Mr Moseley. In doing this, Mr May allows his horse to shift out into Mr Atchamah’s path. The Adjudicative Committee is of the view that a reasonable action would have been for Mr May to take a full hold of his horse and straighten his line.

By not attempting to do more to straighten his line, and by not being his length and another length clear when shifting out into Mr Atchamah’s path, the Adjudicative Committee finds that the Respondent has ridden carelessly.

Decision

The charge is found to be proved.

Submissions for Penalty

Mr Davidson produced the Respondent’s record, which included two previous breaches of the Careless Riding Rule in the last 12 months:

22 June 2024 at Riccarton – suspended for 5 days (low range); and

3 August 2024 at Riccarton – suspended for 9 days (low-to-mid range, Group 3 race, poor record).

Mr May had not been charged under this Rule for more than four months. His record was described as neutral by Mr Davidson. The Respondent was a reasonably busy Rider who had had 263 rides in the last 12 months.

Due to the greenness of the horses involved, Mr Davidson said Stewards assessed this to be a low-range breach that warranted a starting point of a 5 or 6-day suspension.

Mr May could not be given any discount on penalty that he may otherwise have received had he admitted the breach, Mr Davidson submitted.

The Respondent accepted the Stewards’ assessment that his breach was in the low-range. Mr May said next time he would react sooner to straighten his horse.

Mr May requested a deferment of any possible suspension, to allow him to ride at the Greymouth meeting on 5 January 2025.

Reasons for Penalty

The Adjudicative Committee assesses the level of carelessness by the Respondent to be in the low to mid-range. Mr May kept pushing his horse forward while EIVAN was shifting out into the path of Mr Atchamah. The RIB Thoroughbred Racing Penalty Guide suggests a starting point for a breach at this level is a 6 day suspension. The Adjudicative Committee adopts this as a starting point.

Mr May was entitled to defend the charge, and therefore cannot be given any credit that he otherwise may have received, had he admitted the breach.

It is accepted that EIVAN was green in running and gave Mr May a challenging ride. However, the Adjudicative Committee does not find this to be enough of a mitigating factor to warrant any reduction in penalty. EIVAN had shown himself, and Mr May, to be green by shifting ground in on Mr Moseley. The Respondent should have taken more care to straighten EIVAN when the horse then shifted back out and caused the interference that prompted this charge. There are no aggravating factors.

Conclusion

The Respondent’s request for a deferment is granted. Class A Rider Brandon May is suspended from riding in races from the conclusion of racing on 5 January 2025, up to and including racing on 12 January 2025, this being 6 national riding days.