Archive Decision

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Waikato RC 5 May 2018 – R 7 – Chair, Mr A Dooley

ID: JCA10575

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr D Danis - Apprentice Jockey

Other Person:
Mr N Harris - Apprentice Jockey Mentor assisting Mr Danis, Mr W Robinson - Stipendiary Steward

Information Number:
A10388

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 5 May 2018

Meet Chair:
ADooley

Meet Committee Member 1:
ASmith

Race Date:
2018/05/05

Race Number:
R7

Decision:

As Mr Danis admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Mr Danis’ suspension pursuant to Rule 1106(2).

Accordingly, Mr Danis had his license to ride in races suspended for a period to commence after racing on 12 May and conclude after racing on 20 May 2018.

Facts:

Following the running of race 7, True Colours Mid – Winter Luncheon 7th July 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Danis allowed his mount SHORT FUSE to shift out when insufficiently clear of FOREVER CLEVER which was forced outward into the line of SIMPLY OPTIMISTIC which was checked near the 300 metres.

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

Mr Danis acknowledged that he understood the Rule and confirmed that he admitted the breach. Mr Harris assisted Mr Danis at the hearing.

Mr Robinson demonstrated the incident using the available video footage. He identified that near the 300 metres Mr Danis permitted his mount to shift out 2 horse widths when not sufficiently clear of FOREVER CLEVER. He said this resulted in that runner being forced out onto SIMPLY OPTIMISTIC which was travelling well when checked.

Mr Danis told the Committee that his mount had a “soft mouth” and he was 2 strides too late in taking any corrective action.

Mr Harris said the outward shift was slight but accepted the manoeuvre resulted in a chain reaction to a few horses.

Submissions for Penalty:

Mr Williamson produced Mr Danis’ record which showed 1 previous breach under this Rule in the last 12 months. He said that Mr Danis allowed his mount to shift out further than need be and described the level of carelessness as low to mid-range.

Mr Danis advised that he had firm engagements on 12 May at Rotorua and sought a 7 day deferment to fulfil those engagements.

Mr Harris asked the Committee to take into account Mr Danis’ good record.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

In our assessment the video films showed that near the 300 metres Mr Danis angled his mount out when not the required distance clear of FOREVER CLEVER. As a consequence that runner was forced out into the rightful running line of SIMPLY OPTIMISTIC which had to be firmly restrained by its rider when it was checked out of a gap. We deemed the shift outward to be low range carelessness but the consequences of Mr Danis’ actions as mid-range. In view of that 7 national riding days was adopted as the starting point.

The mitigating factors were Mr Danis’ admission of the breach and his good record from limited rides this season for which we afforded him a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 6 national riding days.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 02841a02a56e6df99c5e68ae962de68b


informantnumber: A10388


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 06/05/2018


hearing_title: Waikato RC 5 May 2018 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, True Colours Mid – Winter Luncheon 7th July 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Danis allowed his mount SHORT FUSE to shift out when insufficiently clear of FOREVER CLEVER which was forced outward into the line of SIMPLY OPTIMISTIC which was checked near the 300 metres.

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

Mr Danis acknowledged that he understood the Rule and confirmed that he admitted the breach. Mr Harris assisted Mr Danis at the hearing.

Mr Robinson demonstrated the incident using the available video footage. He identified that near the 300 metres Mr Danis permitted his mount to shift out 2 horse widths when not sufficiently clear of FOREVER CLEVER. He said this resulted in that runner being forced out onto SIMPLY OPTIMISTIC which was travelling well when checked.

Mr Danis told the Committee that his mount had a “soft mouth” and he was 2 strides too late in taking any corrective action.

Mr Harris said the outward shift was slight but accepted the manoeuvre resulted in a chain reaction to a few horses.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Danis admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Danis’ record which showed 1 previous breach under this Rule in the last 12 months. He said that Mr Danis allowed his mount to shift out further than need be and described the level of carelessness as low to mid-range.

Mr Danis advised that he had firm engagements on 12 May at Rotorua and sought a 7 day deferment to fulfil those engagements.

Mr Harris asked the Committee to take into account Mr Danis’ good record.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

In our assessment the video films showed that near the 300 metres Mr Danis angled his mount out when not the required distance clear of FOREVER CLEVER. As a consequence that runner was forced out into the rightful running line of SIMPLY OPTIMISTIC which had to be firmly restrained by its rider when it was checked out of a gap. We deemed the shift outward to be low range carelessness but the consequences of Mr Danis’ actions as mid-range. In view of that 7 national riding days was adopted as the starting point.

The mitigating factors were Mr Danis’ admission of the breach and his good record from limited rides this season for which we afforded him a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 6 national riding days.


penalty:

The Committee grants a deferment to Mr Danis’ suspension pursuant to Rule 1106(2).

Accordingly, Mr Danis had his license to ride in races suspended for a period to commence after racing on 12 May and conclude after racing on 20 May 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr D Danis - Apprentice Jockey


Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Danis, Mr W Robinson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 39b9de1ec70af1cf0c92b3e11f41970e


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


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meetdate: 05/05/2018


meet_title: Waikato RC - 5 May 2018


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tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: ASmith


meet_pm2: none


name: Waikato RC