Waverley RC 12 October 2023 – R2 – Toni Davies

Background:

Following the running of Race 2 the ‘Property Brokers 2200m’ an Information was lodged alleging a breach of Rule 638(1)(d). Details are as follows:

‘in that T Davies (CHOLULA) allowed her mount to shift in near the winning post checking ALL IN BLACKBERRY (T Taiaroa) resulting in T Taiaroa being dislodged’.

Ms Davies acknowledged she understood the Rule and confirmed she did not admit the breach.

This was confirmed by Ms Clapperton. The Adjudicative Committee advised of her rights in a defended hearing.

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

Evidence:

Using available film, Stewards highlighted the incident. Approaching the winning post CHOLULA was positioned 2/3 horse widths from the fence with TRAMORE (Ms C Lindsay) to her outside and ALL IN BLACKBERY (Ms T Taiaroa) to her inside and slightly behind.  Ms Taiaroa is seen to push her mount to the finish line. CHOLULA is under a ride and pressure. Ms Davies looks to strike her mount, however, inadvertently strikes TRAMORE. In reacting to her actions Ms Davies momentarily allows her mount to move in checking ALL IN BLACKBERRRY with Ms Taiaroa being dislodged.

Ms Taiaroa was called by Stewards as a witness. She conveyed that in her view, when looking to ride out, there was sufficient room however, the gap closed as she got to the hindquarters of CHOLULA.

When questioned by Ms Clapperton, Ms Taiaroa reiterated that in her view the gap was sufficient.

Reasons for Decision:

The Adjudicative Committee considered all evidence including film (front, side and rear) along with witness input. In determining whether the alleged breach is upheld, or otherwise, The Adjudicative Committee must be satisfied that the actions of the Respondent amounted to careless riding by virtue of allowing her mount to shift in when insufficiently clear of ALL IN BLACKBERRY. The Adjudicative Committee is of the view that this requirement is met and that her actions led to Ms Taiaroa being dislodged. Films illustrate that Ms Taiaroa had sufficient room and was exercising her obligation to ride out.  The gap closed as a result of Ms Davies’ lapse of concentration and reaction following her striking the horse to her inside.

Decision:

The charge is deemed proved.

Submissions for Penalty:

The current NZTR Penalty Guide provides a starting point of 4 weeks suspension for careless riding causing a fall. Guidance is also taken from penalty history given comparable charge. To this extent the Adjudcative Committee notes:

Ms K Hercock – 23/9/2023 – 4 weeks

Mr J Parkes – 14/7/2023 – 4 weeks

Ms K Hannan – 27/10/2022 – 3 weeks

Mr O Bosson – 15/10/2022 – 6 weeks

Mr N Parmar 29/4/2022 – 4 weeks

Ms Davies has 1 breach of  Rule 638(1)(d) within the last twelve months being 7/10/2023 – 4 day suspension.

Reasons for Penalty:

It is acknowledged that each of the aforementioned do involve factors particular to each incident. However, there has to been consistency in penalty imposed – primarily reflecting the consequence of the careless ride. To that end the Adjudicative Committee adopted a 4 week suspension as an appropriate penalty.

Ms Davies is due to commence suspension at the close of racing on 15/10/2023 with same in force until the close of racing on 21/10/2023.  Ms Davies does not have riding commitments at Ashburton on 22/10/2023 with this suspension to commence upon completion of the aforementioned.

Conclusion:

The Respondent’s Licence to ride in races is suspended for 4 weeks effective from the close of racing on 21/10/2023 up to and including 18/11/2023.