South Canterbury RC 25 September 2024 – R8 – Donovan Cooper

Evidence:

Following the running of Race 8, the Respondent Class B Rider Donovan Cooper denied a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of BLEAKHOUSE BURTIE “he permitted his mount to shift inwards shortly after the start when not sufficiently clear of MISS INTERPRET, which was checked”. 

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

Jason Laking, NZTR Apprentice Mentor, assisted Mr Cooper at the hearing.

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, Stipendiary Steward Mark Davidson, with the assistance of Chief Stipendiary Steward, John Oatham, demonstrated the incident and identified the horses and Riders concerned. Mr Oatham pointed out Mr Cooper, riding BLEAKHOUSE BURTIE, racing 3 wide shortly after starting from the 3 barrier with MISS INTERPRET, ridden by Kate Hercock on the inside of Mr Cooper and SPEEDRUN, ridden by Krishna Mudhoo, racing to the outside of  Mr Donovan.  Mr Oatham showed the replays of the incident and pointed out Mr Cooper shifting from the 3 wide position across Miss Hercock’s line in an attempt to assume the lead and when doing so, was not clear, being only approximately 3/4 length ahead of Miss Hercock, in this movement, causing her to check. He stated that the replays showed that there was no influence or dictation from Mr Mudhoo on the outside, as there was always room between the runners and Mr Cooper always held an advantage over Mr Mudhoo throughout the early stages of the race leading up to the incident.

Mr Mudhoo gave evidence to the hearing, that there was always room between his mount and Mr Cooper’s mount over the early stages. He added that no contact was made between both runners and that Mr Cooper always held an advantage over the early stages of the race leading up to the incident.

Miss Hercock gave evidence that she was forced to check her mount shortly after the start due to Mr Cooper, who was obviously improving forward to take the lead, crossing her line when not clear. When questioned, she stated that she saw Mr Mudhoo racing to the outside of Mr Cooper, but could not ascertain whether any pressure was being brought to bear by him on Mr Cooper.

In response, the Respondent, through Mr Laking, stated that Mr Cooper was dictated in onto Miss Hercock by Mr Mudhoo, with the films from any of the 3 angles used, being inconclusive that Mr Cooper was responsible for the interference.

Decision:

This Adjudicative Committee carefully considered all the evidence presented, in conjunction with the three replays made available of the incident. This Adjudicative Committee is satisfied that BLEAKHOUSE BURTIE, ridden by Mr Cooper, was racing 3 wide shortly after the start, with MISS INTERPRET on his inside and SPEEDRUN on his outer. The Adjudicative Committee is further satisfied that there was always room between Mr Cooper and Mr Mudhoo, with no contact or influence from Mr Mudhoo, as well as the fact that Mr Cooper always held an advantage over Mr Mudhoo.

This Adjudicative Committee is also satisfied that Mr Cooper has allowed his mount to shift in, when not sufficiently clear of Miss Hercock and was the reason for her to check.

The Adjudicative Committee therefore finds that Mr Donovan has ridden carelessly on this occasion and finds the charge proved.

Submissions for Penalty:

Stipendiary Steward Mr Davidson produced the Respondent Mr Cooper’s riding record, which indicated 5 previous breaches under the Careless Riding Rule in the last 12 months, namely;

23 December 2023 – Waikato (6 day suspension)

2 June 2024 – Wingatui (6 day suspension)

20 June 2024 – Oamaru (7 day suspension)

22 June 2024 – Riccarton (7 day suspension)

16 August 2024 – Oamaru (6 day suspension)

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be in the low-range and submitted a starting point as per the Penalty Guide of a 5 day suspension. He added that Mr Cooper had 190 rides over the previous 12 months. The aggravating factor to consider he said, was Mr Donovan’s record, with this being his 6th offence within the previous 12 months.

The Respondent advised of riding engagements through until 27 September 2024 at Riccarton and sought a deferment to any proposed suspension.

In terms of any proposed penalty, the Respondent elected to make no submissions.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent Mr Cooper’s carelessness to be in the low range and accordingly, adopted a 5-day suspension as the starting point.

The Respondent’s riding record is treated as an aggravating factor and a 2-day uplift was applied to the 5-day starting point. It was determined there were no mitigating factors to consider.

After consideration of the above factors, a 7-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment until after 27 September 2024 is granted and his Licence to ride in races is suspended for a period of 7 National Days, commencing after racing on 27 September 2024 and concluding after racing on 11 October 2024.