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Thomass

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On 10/12/2024 at 4:56 PM, Chief Stipe said:

Ok @Special Agent why don't you and @Thomass analyse some of the races Lance O'Sullivan won where he didn't get a suspension?

As a comparison on today's rules how long would he have been put out for his whipping of Our Waverley Star in the Cox Plate?

I'd also be interested to see a similar comparison with the top OZ jockeys.

Ligeiro  winning the Auckland Cup always comes to mind. How Lance got to keep that one will always be a mystery to me.

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On 10/12/2024 at 7:19 PM, Special Agent said:

The race where Opie carved up the field and put many jockeys on the deck close to the finish at Hastings was as bad a riding example as you'd see.

Then why wasn't he charged with reckless riding?  Of course the horse was entirely blameless - NOT!

“Reckless” contrasted to “Careless”

10. A person is reckless when he/she acts in a way where they are heedless of, or indifferent to, the danger or peril of the consequences of their actions.  That is when there is disregard or indifference to the danger of the situation or for the consequences of one’s actions.  “Careless” by a Rider is where he/she fails to act with the necessary prudence, or level of care, that a reasonable Rider is expected to take in the same circumstance.  It may arise from inattention to take reasonable care, rather than consciously deliberate,  So, for example, a Jockey is required to take reasonable care to keep his/her mount on its required line and not hamper other Riders by drifting off that line when insufficiently clear.

11. The actual result or outcome of the particular riding is not the determining factor of whether the  riding is reckless or careless (or neither). There can be reckless riding which does not involve any fall or injury (eg the Australian cases of Damien Oliver (14 October 2016, or J Cartwright (24 January 2017).  Correspondingly, there can be careless riding which leads to a fall or even tragedy.  So, too, there can be a fall with or without a tragic outcome, where there has not been a breach of the Rules of Racing.

12. Those observations are made to illustrate that the tragedy that eventually happened ought not take into account in deciding the charge.  But a fall may be one factor relevant to penalty, which Rule 920(2) requires an Adjudicative Committee to have regard, amongst such matters as it considers appropriate:

“c)  any consequential effects upon any person or horse as a result of the breach of the Rule”.

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  • 2 weeks later...

How or why some decisions are made by the New Zealand judiciary is a mystery to many.

I know how the reckless and careless rules read.  The incident at Hastings on Alby's horse, in my opinion, was nothing short of reckless.  Much worse than Lance's Auckland Cup win.  Both horses kept the race.

Imagine if those two races were the yardstick.  We'd see more dodgems out there.  History shows there has been a lot less interference resulting in the winner being put out.

I call it inconsistency.

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A person is reckless when he/she acts in a way where they are heedless of, or indifferent to, the danger or peril of the consequences of their actions.  That is when there is disregard or indifference to the danger of the situation or for the consequences of one’s actions. 

I think that sums up the Hastings race when you consider Opie's experience as a rider.

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