Waikato TR 15 June 2024 – R9 – Ngakau Hailey

Evidence:

Following the running of Race 9, Apprentice Rider N Hailey (SILVER JAVELIN), admitted a charge of Careless Riding in that he permitted his mount to shift inwards when not sufficiently clear of TAKESHI which clipped a heel and blundered dislodging its rider, severely hampering DON’T LOOK ETHEL which also dislodged its rider near the 300 metres. Also hampered as a result was HIT THE SWITCH.

Mr Hailey acknowledged that he understood the Rule, the nature of the charge and confirmed his admission of the breach.  He was supported at the hearing by Trainer Mr S Phelan.

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 Mrs Selvakumaran demonstrated the incident and identified the horses and Riders concerned; namely SILVER JAVELIN (N HAILEY), TAKESHI (M McNab), DON’T LOOK ETHEL (J Nishizuka) and HIT THE SWITCH (D Cooper).

Mrs Selvakumaran told the Adjudicative Committee that rounding the home turn, SILVER JAVELIN was the widest runner on the track.  Nearing the 300-metre mark SILVER JAVELIN, whilst vying for the lead, commenced to lay in and Mr Hailey made no discernible effort to straighten his mount.  As a consequence, TAKESHI clipped a heel, blundered and Mr McNab was dislodged.  DON’T LOOK ETHEL was hampered by the fallen runner and its Rider Mr Nishizuka, was also dislodged.  HIT THE SWTICH was also severely hampered.

Mrs Selvakumaran said that SILVER JAVELIN was no more than a length clear of TAKESHI, when the inward shift occurred.

In response, Mr Hailey said “it was my fault 100%.  It was the first time the horse (SILVER JAVELIN) wore ‘blinkers’ and it just drifted in.”

In support, Mr Phelan said he (Mr Hailey) was not clear when shifting and that it can be difficult riding on wet tracks and is hard to ride a straight line.  He also pointed out, with regards to the consequences to the other affected runners, the manner in which TAKESHI fell, appeared to be an over-reaction.

Decision:

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

Submissions for Penalty:

Senior Stipendiary Steward Mr Jones submitted that this is Mr Hailey’s first full season as an Apprentice Rider.  He is a busy Apprentice having had 278 race rides this season.  He said that Mr Hailey has three previous breaches of the Careless Riding Rule in the last 12 months, but pointed out that his last breach occurred 9 months ago (16/09/23) and the other two occurred 11 months ago (22/07/24) and (13/07/23).  On that basis, he said his record for Careless Riding was not too bad.

Mr Jones said that credit should be given for Mr Hailey’s admission of the breach and Stewards recommend a penalty of 4 weeks suspension, as per the Penalty Guide.

Mr Jones added that Mr McNab was taken to Hospital for observations and to treat a potential back injury.  Mr Nishizuka was uninjured.

Mr Hailey sought a deferment to any proposed suspension until after racing on 23 June 2024. Mr Phelan accepted the likelihood of a 4 week minimum suspension being imposed.  He added that Mr Hailey was extremely remorseful.

Reasons for Penalty:

After considering the submissions and reviewing the race film, the Adjudicative Committee determined Mr Hailey’s level of carelessness to be slightly above mid-range and adopted a 5 week (suspension) as the starting point.

The available films clearly established that Mr Hailey allowed his mount to shift in when less than one length clear of TAKESHI and this was the primary cause of that runner clipping a heel, blundering and dislodging Mr McNab. SILVER JAVELIN did lay in for several strides and Mr Hailey should have made a greater effort to correct his mount.

Mr Phelan’s submission that the manner in which TAKESHI fell contributed to the resultant interference to both DON’T LOOK ETHEL and HIT THE SWITCH has merit, and it is accepted by the Adjudicative Committee that TAKESHI did fall awkwardly.

In assessing Mr Hailey’s level of carelessness as above mid-range, the Adjudicative Committee acknowledges that in any other circumstance, the actual inward shift was no more than slightly above low level, but when the consequences are factored in, his culpability is clearly elevated to above the mid-range starting point.  Those consequences being that two Riders have been dislodged, (Mr McNab and Mr Nishizuka), and one other runner, HIT THE SWITCH was severely hampered.

In its determination of penalty, the Adjudicative Committee was mindful of precedent Decisions relating to careless riding resulting in a fall.  Some include:

RIU v Cooksley (2018) – 3 weeks

RIU v Fawcett (2020 – 4 weeks

RIU v Spratt (2021) – 3 weeks and $1,000 fine

RIB v Denby-Rose Tait – 6 weeks

RIB v Weatherley – 9 weeks

Falls arising from Careless Riding are relatively rare.  Whilst each case turns on its own facts, these cases were useful to the extent, they enabled a framework for ensuring consistency in penalty decision-making. Both Denby-Rose Tait and Weatherly were considered to be outliers, due to the differing circumstances of those cases versus the others and the present case.

From the 5 week starting point, a reduction is applied for Mr Hailey’s admission of the breach; his remorse and his relatively good Careless Riding  record, particularly given that this is his first breach in 9 months.

Therefore, in consideration of the above factors, the Adjudicative Committee deemed that an appropriate suspension be 4 calendar weeks, which equates to 4 weeks and 3 days, and includes 19 (national) days.

Conclusion:

The Adjudicative Committee granted Mr Hailey a deferment to his suspension. Accordingly, his Licence to ride in races is suspended for a period of 4 calendar weeks, commencing after racing on 23 June 2024 and concluding after racing on 24 July 2024.