Waikato RC 18 December 2021 – R5 – Leith Innes

Introduction:

Following the running of Race 5, Class A Rider Mr Leith Innes admitted a charge filed pursuant to Rule 638(3)(g)(ii) alleging that he struck his mount twice in consecutive strides.

A hearing followed and a penalty was imposed.

Discussion:

Immediately after the penalty was imposed Stewards realised there had been an error in filing the charge and sought a rehearing so that an application could be made for the charge to be withdrawn and the penalty set aside.

A fresh hearing was duly convened pursuant to Rules 923 and 925, part of which provide that a matter can be reheard if : r923 1(c) The Adjudicative Committee is satisfied that a miscarriage of justice might otherwise result because of:

• a material mistake or omission in the conduct of the original hearing;
• a material mistake or omission in the determination of the proceeding;
• a material mistake or omission in the presentation of evidence and/or submissions at the original hearing; or
• any other similar reason

At the fresh hearing it was established that Mr Innes was in lockdown when the NZTR Revised Whip Penalty Guidelines came into force on 1 September 2021.  He recommenced race riding after recently relocating to Cambridge on a temporary basis.

In relation to a breach involving consecutive strikes the Revised Penalty Guide provides that:

2 consecutive strikes Warning  – If offence after prior warnings or if subsequent to prior offences, Stewards discretion to charge on same basis as 3 consecutive strikes.

Mr Williamson advised that all Riders who breached this Rule for the first time have received a warning.  Mr Williamson submitted that this being Mr Innes’ first breach of the Rule he should have been afforded a warning as opposed to an Information being filed.  He said therefore, on the basis of fairness and consistency leave was sought to withdraw the charge.

Conclusion

The Adjudicative Committee concluded that a genuine material mistake had been made and it was therefore appropriate for the charge to be withdrawn and the penalty set aside.

Accordingly, an order was made for (1) the charge to be withdrawn; and (2) the original penalty set aside in favour of a warning issues by Stewards.