South Canterbury RC 28 April 2022 – R3 – Brett Murray

Evidence:

Following the running of Race 3, the Respondent Class A Rider Mr Brett Murray, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of AUNT CINDY  “allowed his mount AUNT CINDY to shift inwards crowding MOVIE STAR inwards onto ROW OF EIGHTS which was checked losing ground passing the 1100 metres”. 

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using the available race films, Chief Stipendiary Steward Mr Oatham, demonstrated the incident and identified the horses and Riders concerned. Mr Oatham said that approaching the 1100 metre mark, the Respondent has shifted ground when not sufficiently clear of MOVIE STAR, who was forced inwards resulting in a check to ROW OF EIGHTS who lost ground. Mr Oatham stated the affected horses have overreacted, but Mr Murray was not his length and another clear when shifting inwards. He estimated Mr Murray was just a length clear when shifting inwards.

In response, the Respondent stated the front on film looked worse than the incident actually was.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Chief Stipendiary Steward Mr Oatham, produced the Respondent Mr Murray’s riding record which indicated 3  previous breaches under the Careless Riding Rule in the last 12 months, namely October 2021 – 5 days, March 2022 – 5 days, April 2022 – 5 days, all low-level breaches.

Mr Oatham stated Mr Murray will be concluding the suspension he received 18 April 2022 on the 5th May 2022.

Mr Oatham said Stewards assessed the level of carelessness to be in the low-mid range.

The Respondent advised of riding engagements for the 7th of May and sought a deferment to any proposed suspension.

Reasons for Penalty:

After considering all submissions, the Adjudicator determined the Respondent Mr Murray’s carelessness, to be in the mid-range and adopted a 7-day suspension as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that the Respondent was just over a length clear when he shifted his mount inwards, which is in breach of the Rules. The Adjudicative Committee considered the reactions of MOVIE STAR and ROW OF EIGHTS to have been a factor in the severity of the interference. The Respondent’s riding record is treated as a neutral factor and added to Mr Murray’s admission, is deserving of a discount of one day. After consideration of the above factors, a 6-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment is granted and his licence to ride in races is suspended for a period of 6, days commencing after racing on 7th May 2022 and concluding after racing on 15 May 2022.