The lawyer for embattled South Australian jockey Josh Cartwright argues that the young rider's misdemeanour in the now infamous Adelaide race, which saw him stood down after admitting a charge of reckless riding, was on a par with that of Victorian champion Damien Oliver in the spring carnival.
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Wayne Pasterfield, Cartwright's legal representative, said considerations for the 22-year-old's ultimate penalty should be in line with that received by Oliver after his win on Flying Artie in October last year at Caulfield in the Blue Sapphire Stakes.
Pasterfield also suggested that a notorious ride by former Melbourne Cup winning jockey Greg Hall in the 1996 Golden Slipper on Merlene, when he caused serious interference before eventually winning the race, could also act as a precedent when a sentencing hearing takes place in Adelaide on February 13.
Cartwright sprang to national prominence after he appeared to deliberately steer his mount, Senior Council, into two other horses, Hot Wax and Go The Journey, during a race at Morphetville on January 14.
The event was eventually won by a galloper called Murti, who was ridden by Cartwright's girlfriend, Anna Jordsjo.
Speaking on RSN radio, Pasterfield, a lawyer who is well known in racing circles in NSW, said: "I suppose the most serious offence I can recall of this nature would be Greg Hall in the Golden Slipper, and I think he got two months and a $50,000 fine.
"I would imagine a suspension of around that amount of time would be appropriate.
"That's just my view. I haven't seen all the evidence at this stage though."
The lawyer said he was "as stunned as everyone else" when he saw footage of Cartwright's ride, but added: "I was also stunned and bewildered when Damien Oliver smashed into another horse recently when riding Flying Artie, and he was charged with exactly the same charge.
"And given Damien's track record, he was given a 20-meeting suspension, which equated to two-and-a-half weeks."
Oliver was charged with reckless riding after his mount bumped the Dean Yendall-ridden Ken's Dream out of the way as he looked to find room to make his challenge that day at Caulfield.
Flying Artie evenutally won the race easily and subsequently went on to win the group 1 Coolmore at Flemington on Derby Day, but Oliver had to watch Hugh Bowman take the ride on that occasion as he was banned, having failed to overturn the penalty in an appeal at VCAT.
Pasterfield said Cartwright should receive credit for pleading guilty and co-operatingy straight away, and that it should translate into a discount on any penalty.
"I'd imagine any penalty he gets will be vastly reduced because he's pleaded guilty. They're entitled to a discount on penalty, and for his full co-operation with the stewards."
A Fairfax Media story on Sunday reported that Cartwright had supplied his phone and financial records to stewards in SA and that Pasterfield was confident they would clear him of any impropriety relating to the offence.
"From what I've seen, there is not one scintilla of evidence of any nefarious activity, including betting activity," Pasterfield said in the radio interview.
