Ashburton RC 19 January 2023 – R2 – Zubair Bholah

SUMMARY OF FACTS:

Following the running of Race 2, an Information was filed by Stipendiary Steward, Ms Algar, against Mr Bholah, alleging careless riding, in that he attempted to improve between DRAKE’S DRUM and RAGHALLAIGH near the 150 metres when there was insufficient room to do so.

Rule 638(1)(d) reads as follows;

“(1) A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be:

    (d) careless”

Mr Bholah had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Bholah also acknowledged that he understood the charge and the Rule it was brought under.

Mr Walsh was present at the hearing to assist Mr Bholah.

SUBMISSIONS:

Ms Algar, with the assistance of Mr Oatham, used the race films to show Mr Bholah coming down the home straight. Mr Bholah  was outside Mr May’s mount and had Ms Barnes to his inside. Mr Oatham said that initially there was room but Ms Barnes’ mount began to lay out. Mr Bholah initially went for the run which quickly became unavailable, however he continued to try go through that gap to improve. In doing so, there was buffeting to the outside runners. Mr Oatham said Mr Bholah had enough room to take a hold rather than committing to the gap.

Mr Walsh said that at the beginning there was plenty of room and Mr Bholah had tried to get the gap, however, after the shift had happened he made a split decision to keep going. Mr Walsh said it was one of the quick decisions that have to be made but he accepted that there was not enough room to take the gap, but Mr Bholah did what he thought was right in the moment.

DECISION:

As Mr Bholah had admitted the breach, the charge was found to be proved.

SUBMISSIONS ON PENALTY:

Ms Algar submitted that Mr Bholah had no prior breaches of this Rule. Mr Bholah has had time off with an injury. Ms Algar submitted this was a low range breach.

Mr Bholah requested a deferment of penalty until after 28 January at Riccarton where he had riding commitments.

REASON FOR PENALTY:

It is agreed that this breach is low range. It involved Mr Bholah having to make a quick judgment call, however, there was another option which would have been to take a hold of his mount rather than to continue into the gap. Accordingly, the starting point adopted is a 5 day suspension. A discount of 1 day is appropriate to reflect his frank admission of the breach.

A 4 day suspension is the appropriate penalty in this case.

Mr Bholah’s application for a deferment of penalty until after racing at Riccarton on 28 January was granted.

CONCLUSION:

Mr Bholah is suspended for 4 days from the end of racing on 28 January 2023 up to and including 5 February 2023.