Waverley RC 17 June 2022 – R2 – Sam O’Malley

Evidence:

Following the running of Race 2 an Information was filed by Mr Keith Coppins alleging a breach of Rule 638(1)(d) in that Mr O’Malley “allowed his mount SO CALL ME to shift out when not clear of THE BIG BOSS (H McNell) which clipped a heel and blundered passing the 400 metres”.

Mr O’Malley confirmed that he understood the Rule and admitted the breach.

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

A film replay was shown. Approaching the 400 metre mark Mr O’Malley sought to clear the pocket he was in and angle out to get clear running. In doing so he was insufficiently clear of THE BIG BOSS which was seen to clip heels . When asked for comment, Mr O’Malley admitted his error, although commented that at the time, THE BIG BOSS began to lay in which contributed to the situation. Mr McNell did not give evidence, however Mr Davidson confirmed that he had been spoken to, with his comments consistent with Mr O’Malley’s assertion.

Reasons for Decision:

As Mr O’Malley had admitted the breach the charge was found to be proved.

Submissions on Penalty:

Mr O’Malley’s record in respect of careless riding was presented. Over the last twelve months he been suspended on two occasions namely 24th October 2021 – 6 days and 21st December 2021 – 5 days.  Stewards commented  that his record is commendable given that he is a busy Jockey riding on the flat and over fences.   It was contended that the breach sat at mid range to slightly above. Mr O’Malley did not comment in respect of penalty although sough deferment to satisfy riding commitments  at Riccarton on 25th June 2022.

Reason for Penalty:

On balance it was considered that the breach did represent a mid range careless ride. Guidelines suggest a 7 day suspension as a starting point. This was adopted. In turn, a discount of 1 day was applied to reflect his admission of the breach, ie 6 days suspension. Mr O’Malley’s application for deferment was granted.

Conclusion:

Mr O’Malley is suspended for 6 national days from the close of racing on 25th June 2022 up to and including racing on 3rd July 2022.