Archive Decision

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Auckland RC 4 February 2016 – R 3 – Chair, R Seabrook

ID: JCA10623

Applicant:
Mr M Williamson - Sitpendiary Steward

Respondent(s):
Mr D Nolan, rider of ZEDSATIONAL

Other Person:
Mr M Williamson - Stipendiary Steward, Mr J Oatham - Senior Stipendiary Steward

Information Number:
7585

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 4 February 2016

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2016/02/04

Race Number:
R3

Decision:

As the breach was admitted we find the charge proved.

Penalty:

The committee has adopted 5 days as a starting point for this breach but given the mitigating factors above we have reduced the suspension to one of 3 days.  The committee factored into the decision that February 13 is a premier day.  We did not take into account February 6 due to declaration of riders had already closed.

Accordingly Mr Nolan is suspended from after today, 4 February, until after racing on 14 February 2016 (3 days).  These days include Avondale on 10th, Te Rapa 13th and Matamata 14th February.

Facts:

Following the running of Race 3, the www.warriors.kiwi 1200, an information was filed pursuant to rule 638(1) (d).  The informant alleged that Mr D Nolan permitted his mount ZEDSATIONAL to shift inwards when not sufficiently clear of HE HAD A DREAM which was forced inwards crowding MESSUA which was checked near the 1000 metres.

The rule reads as follows:  a rider shall not ride a horse in a manner which the judicial committee considers to be careless.

Mr Oatham demonstrated the video films showing ZEDSATIONAL racing wide on the track approaching the first turn.  On his inside was HE HAD A DREAM and on the inside of that runner was MESSUA.  Mr Oatham pointed out Mr Nolan allowing his mount to shift in on the corner at the 1000 metres and in doing so take the line of HE HAD A DREAM (C. Grylls) This caused Mr Grylls to move in and into the line of MESSUA (C Lammas) who had to be checked.  Mr Oatham estimated that Mr Nolan was a bare length clear of Mr Grylls when moving in but conceded that the racing manners of HE HAD A DREAM were not wonderful.

Mr Nolan in his statement said during the steward's investigation of the incident Mr Grylls stated that he could not control his mount.  However Mr Nolan did concede he came in slightly and was not helped by the rail being out 12 metres.

Submissions for Penalty:

Mr Williamson said that although Mr Grylls was having a difficult ride it does not lessen the fact that Mr Nolan left insufficient room for 2 runners on his inside. He said however the breach was at the low end and that Mr Nolan had only incurred 1 suspension in the last 12 months.

Mr Nolan informed the committee that his suspension could start immediately as he had no commitments in the next 7 days.  When questioned by the committee Mr Nolan confirmed he had not ridden in the Central Districts or down south so far this season.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions.  In mitigation Mr Nolan has admitted the breach and he has a very good record.  Another mitigating factor was the racing manners of HE HAD A DREAM albeit that Mr Nolan was not the required distance clear when allowing his mount to move in. These factors have to be balanced against the fact that 2 horses were checked through Mr Nolan's actions.  However the committee finds his breach to be at the low end of carelessness.

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: 050cef6bee526596c0e93c131390bbd1


informantnumber: 7585


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 08/02/2016


hearing_title: Auckland RC 4 February 2016 - R 3 - Chair, R Seabrook


charge:


facts:

Following the running of Race 3, the www.warriors.kiwi 1200, an information was filed pursuant to rule 638(1) (d).  The informant alleged that Mr D Nolan permitted his mount ZEDSATIONAL to shift inwards when not sufficiently clear of HE HAD A DREAM which was forced inwards crowding MESSUA which was checked near the 1000 metres.

The rule reads as follows:  a rider shall not ride a horse in a manner which the judicial committee considers to be careless.

Mr Oatham demonstrated the video films showing ZEDSATIONAL racing wide on the track approaching the first turn.  On his inside was HE HAD A DREAM and on the inside of that runner was MESSUA.  Mr Oatham pointed out Mr Nolan allowing his mount to shift in on the corner at the 1000 metres and in doing so take the line of HE HAD A DREAM (C. Grylls) This caused Mr Grylls to move in and into the line of MESSUA (C Lammas) who had to be checked.  Mr Oatham estimated that Mr Nolan was a bare length clear of Mr Grylls when moving in but conceded that the racing manners of HE HAD A DREAM were not wonderful.

Mr Nolan in his statement said during the steward's investigation of the incident Mr Grylls stated that he could not control his mount.  However Mr Nolan did concede he came in slightly and was not helped by the rail being out 12 metres.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Williamson said that although Mr Grylls was having a difficult ride it does not lessen the fact that Mr Nolan left insufficient room for 2 runners on his inside. He said however the breach was at the low end and that Mr Nolan had only incurred 1 suspension in the last 12 months.

Mr Nolan informed the committee that his suspension could start immediately as he had no commitments in the next 7 days.  When questioned by the committee Mr Nolan confirmed he had not ridden in the Central Districts or down south so far this season.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions.  In mitigation Mr Nolan has admitted the breach and he has a very good record.  Another mitigating factor was the racing manners of HE HAD A DREAM albeit that Mr Nolan was not the required distance clear when allowing his mount to move in. These factors have to be balanced against the fact that 2 horses were checked through Mr Nolan's actions.  However the committee finds his breach to be at the low end of carelessness.


penalty:

The committee has adopted 5 days as a starting point for this breach but given the mitigating factors above we have reduced the suspension to one of 3 days.  The committee factored into the decision that February 13 is a premier day.  We did not take into account February 6 due to declaration of riders had already closed.

Accordingly Mr Nolan is suspended from after today, 4 February, until after racing on 14 February 2016 (3 days).  These days include Avondale on 10th, Te Rapa 13th and Matamata 14th February.


hearing_type: Hearing


Rules: 638(1) (d)


Informant: Mr M Williamson - Sitpendiary Steward


JockeysandTrainer: Mr D Nolan, rider of ZEDSATIONAL


Otherperson: Mr M Williamson - Stipendiary Steward, Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 4acffbfae45657ff236996cc78816815


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c88427414e906fbe028f6fd0dde36001


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/02/2016


meet_title: Auckland RC - 4 February 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC