Waikato TR 12 August 2023 – R7 – Vinnie Colgan

Evidence:

This charge arises from the running of Race 7, the Dunstan Feeds 2100.  Senior Stipendiary Steward Mr Jones filed an Information pursuant to Rule 638(1)(d) alleging the Rider of HOT PINX (V Colgan), “angled his mount inwards when not sufficiently clear of BRIAN LAMONT, which was forced inwards checking NASHA RIVA near the 1650 metres”.

Mr Colgan 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, Stipendiary Steward Mr Simpson demonstrated the incident and identified the horses and Riders concerned; namely HOT PINX (V Colgan), BRIAN LAMONT (N Parmar) and NASHA RIVA (K Hannan).

Mr Simpson told the Adjudicative Committee that approaching the 1650-metre mark, Mr Colgan allowed his mount to shift in when racing on the outer of BRIAN LAMONT.  In doing so, BRIAN LAMONT was crowded on to NASHA RIVA, who was checked. It was pointed out that at the time of the shift, HOT PINX was no more than ¾ length clear of BRIAN LAMONT.

Mr Colgan agreed with the Stewards’ interpretation of the incident and by way of explanation, stated that he didn’t realise BRIAN LAMONT was so close to his inside when he shifted.  He said that he accepted that he “overstepped the mark” when shifting in.

Decision:

As Mr Colgan admitted the breach, the Adjudicative Committee found the charge proved.

Submission for Penalty:

Mr Jones submitted that Mr Colgan’s riding record is good, with him having had two previous breaches under the Careless Riding Rule in the last 12 months from 395 rides over that period. He said that those two breaches occurred on 24/11/22 and 5/10/22 and were low level.

Mr Jones assessed the level of carelessness to be in the low to mid-range and suggested a penalty that considers Mr Colgan’s admission of the breach and his good record.

Mr Colgan sought a deferment to any proposed suspension until after racing on 16 August 2023. He had nothing further to add in relation to any proposed penalty.

Reasons for Penalty:

After considering the submissions and reviewing the race film, the Adjudicative Committee determined Mr Colgan’s carelessness to be in the low to mid-range and adopted a 6-day (suspension) as the starting point.

The available films clearly established that approaching the 1600 metres in the run out of the home straight, Mr Colgan was caught three wide and looked to ease in.  In doing so, nearing the 1650 metre mark, he crowded BRIAN LAMONT onto NASHA RIVA, who was checked and had to be restrained.

From the 6-day starting point, a one-day reduction is applied for Mr Colgan’s admission of the breach and his good riding record, particularly given that this is his first breach since November 2022.

After considering Mr Colgan’s admission of the breach and the above factors, the Adjudicative Committee deemed that an appropriate suspension be 5 (national) days.

Conclusion:

The Adjudicative Committee granted Mr Colgan a deferment to his suspension. Accordingly, his Licence to ride in races is suspended for a period of 5 days, commencing after racing on 16 August 2023 and concluding after racing on 24 August 2023.