Avondale JC 26 October 2016 – R 3 – Chair, Mr A Dooley
ID: JCA10836
Code:
Thoroughbred
Meet Title:
Avondale JC - 26 October 2016
Meet Chair:
ADooley
Race Date:
2016/10/26
Race Number:
R3
Decision:
As Mr Coleman admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Coleman had his license to ride in races suspended for a period to commence after racing on 26 November and conclude after racing on 4 November 2016 (4 days).
That period of suspension encompasses meetings at:-
Tauranga - 29 October
Ellerslie - 1 November – Premier 1
Avondale - 2 November
Rotorua - 4 November
Facts:
Following the running of race 3, Racing @ Avondale 2 November 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that Mr Coleman directed his mount SMILING TOUCH outwards approaching the 400 metres when not sufficiently clear making solid contact with TIFFANY’S TIME which was badly unbalanced.
Mr Coleman acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Coleman and showed where he was racing in a 3 wide position and following O’GUY. He pointed out that Mr Coleman directed his mount out near the 400 metres when only a neck in front of TIFFANY’S TIME. He said this resulted in those runners making solid contact and TIFFANY’S TIME became badly unbalanced. He stated that everything then got quite messy when the contact carried on. He added there was never a clear opportunity for Mr Coleman to come to the outside of O’GUY.
Mr Oatham did identify that the leader rolled off the rail slightly near the 400 metres.
Mr Coleman said that he had established a run 3 wide behind O’GUY and he tried to ease TIFFANY’S TIME (M Cameron) out. He stated the incident was made to look worse because GOTTALIKEHER who was racing in the lead shifted out 2 horse widths near the 400 metres. He said in doing so this forced the following runners wider out on the track. He freely admitted that he dictated Mr Cameron outwards and stated that Mr Cameron rode competitively when trying to hold his line and put his mount back into a 3 wide position.
Submissions for Penalty:
Mr Coles produced Mr Coleman’s record which showed 1 previous breaches under this Rule in the last 12 months. He said Mr Coleman should be given credit for his admission of the breach and his very good record. Mr Coles submitted a term of suspension at the low end.
Mr Coles acknowledged that there was some movement from runners on the inside of Mr Coleman’s mount when there was a partial run for him and stated the level of interference was low.
Mr Coleman advised that he was intending to ride at Tauranga, Ellerslie, Avondale, Rotorua and Christchurch in the following week. He said that he was engaged to ride UGO FOSCOLO in a Group 1 race on 5 November.
When tested further regarding his upcoming engagements Mr Coleman advised that he only had 2 rides at Tauranga on Saturday and he would let the Committee determine an appropriate penalty. Before deliberating on penalty the Committee granted a brief adjournment so Mr Coleman could talk to the connections of the 2 horses for Tauranga on 29 October.
Upon his return to the hearing Mr Coleman advised that he had spoken to the trainers Mr Kelso and Mr Hapeta and they had no objection to releasing him from his scheduled rides on Saturday. He added that the connections were able to replace him with senior riders Mr Cameron and Mr McNab. At this point Mr Coleman submitted that his suspension could start immediately and he would forgo a deferment which would include a Premier meeting at Ellerslie on 1 November.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Mr Coleman’s admission of the breach and his very good record in relation to this Rule for which he has been given credit.
The Committee accepts that GOTTALIKEHER did shift out about 2 horse widths rounding the final turn but it was deemed this formed minimal contribution to the interference. It was clearly evident that when Mr Coleman angled his mount outwards he was not entitled to so because Mr Cameron was racing directly on his outside and only a neck behind him. This resulted in SMILING TOUCH making firm contact and bumping into TIFFANY’S TIME which was knocked sideways.
The level of carelessness was assessed as mid–range because Mr Coleman forced a run to his outside when only a neck in front of Mr Cameron. The degree of interference that followed was at least mid–range.
The Committee notes that the manner in which Mr Coleman rode was uncharacteristic especially given that the incident occurred on an Industry day.
The Committee advised Mr Coleman that the circumstances involved in this case undoubtedly did not justify a 3 day suspension. This point was addressed because it had been put forward during the hearing. In addition the Committee advised Mr Coleman that the practice of imposing a fine where the last day of a suspension falls on a Premier/Iconic day had ceased. Therefore a 3 day suspension and a fine would be inappropriate.
The Committee was mindful of Rule 1106 (2) and was conversant that on occasions in the past, it had been allowed, but only when it had been clearly demonstrated that the connections were happy for the rider to be released.
The Committee was satisfied in this particular case that the connections of Mr Coleman’s 2 mounts on Saturday had no objection and were not disadvantaged with their replacement riders. The betting public were also not affected because no betting had commenced on the races. It is also important to recognise that the declaration of riders for Tauranga did not close until 10 am tomorrow the 27th of October.
The Committee did have regard for the fact that Mr Coleman’s suspension would include a Premier meeting.
After taking into account all the above factors the Committee considers an appropriate suspension was 4 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: 0bae5f24e5fbe24642b6a46a8a5155ac
informantnumber: A7889
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 27/10/2016
hearing_title: Avondale JC 26 October 2016 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Racing @ Avondale 2 November 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that Mr Coleman directed his mount SMILING TOUCH outwards approaching the 400 metres when not sufficiently clear making solid contact with TIFFANY’S TIME which was badly unbalanced.
Mr Coleman acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Coleman and showed where he was racing in a 3 wide position and following O’GUY. He pointed out that Mr Coleman directed his mount out near the 400 metres when only a neck in front of TIFFANY’S TIME. He said this resulted in those runners making solid contact and TIFFANY’S TIME became badly unbalanced. He stated that everything then got quite messy when the contact carried on. He added there was never a clear opportunity for Mr Coleman to come to the outside of O’GUY.
Mr Oatham did identify that the leader rolled off the rail slightly near the 400 metres.
Mr Coleman said that he had established a run 3 wide behind O’GUY and he tried to ease TIFFANY’S TIME (M Cameron) out. He stated the incident was made to look worse because GOTTALIKEHER who was racing in the lead shifted out 2 horse widths near the 400 metres. He said in doing so this forced the following runners wider out on the track. He freely admitted that he dictated Mr Cameron outwards and stated that Mr Cameron rode competitively when trying to hold his line and put his mount back into a 3 wide position.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Coleman admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Coleman’s record which showed 1 previous breaches under this Rule in the last 12 months. He said Mr Coleman should be given credit for his admission of the breach and his very good record. Mr Coles submitted a term of suspension at the low end.
Mr Coles acknowledged that there was some movement from runners on the inside of Mr Coleman’s mount when there was a partial run for him and stated the level of interference was low.
Mr Coleman advised that he was intending to ride at Tauranga, Ellerslie, Avondale, Rotorua and Christchurch in the following week. He said that he was engaged to ride UGO FOSCOLO in a Group 1 race on 5 November.
When tested further regarding his upcoming engagements Mr Coleman advised that he only had 2 rides at Tauranga on Saturday and he would let the Committee determine an appropriate penalty. Before deliberating on penalty the Committee granted a brief adjournment so Mr Coleman could talk to the connections of the 2 horses for Tauranga on 29 October.
Upon his return to the hearing Mr Coleman advised that he had spoken to the trainers Mr Kelso and Mr Hapeta and they had no objection to releasing him from his scheduled rides on Saturday. He added that the connections were able to replace him with senior riders Mr Cameron and Mr McNab. At this point Mr Coleman submitted that his suspension could start immediately and he would forgo a deferment which would include a Premier meeting at Ellerslie on 1 November.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Mr Coleman’s admission of the breach and his very good record in relation to this Rule for which he has been given credit.
The Committee accepts that GOTTALIKEHER did shift out about 2 horse widths rounding the final turn but it was deemed this formed minimal contribution to the interference. It was clearly evident that when Mr Coleman angled his mount outwards he was not entitled to so because Mr Cameron was racing directly on his outside and only a neck behind him. This resulted in SMILING TOUCH making firm contact and bumping into TIFFANY’S TIME which was knocked sideways.
The level of carelessness was assessed as mid–range because Mr Coleman forced a run to his outside when only a neck in front of Mr Cameron. The degree of interference that followed was at least mid–range.
The Committee notes that the manner in which Mr Coleman rode was uncharacteristic especially given that the incident occurred on an Industry day.
The Committee advised Mr Coleman that the circumstances involved in this case undoubtedly did not justify a 3 day suspension. This point was addressed because it had been put forward during the hearing. In addition the Committee advised Mr Coleman that the practice of imposing a fine where the last day of a suspension falls on a Premier/Iconic day had ceased. Therefore a 3 day suspension and a fine would be inappropriate.
The Committee was mindful of Rule 1106 (2) and was conversant that on occasions in the past, it had been allowed, but only when it had been clearly demonstrated that the connections were happy for the rider to be released.
The Committee was satisfied in this particular case that the connections of Mr Coleman’s 2 mounts on Saturday had no objection and were not disadvantaged with their replacement riders. The betting public were also not affected because no betting had commenced on the races. It is also important to recognise that the declaration of riders for Tauranga did not close until 10 am tomorrow the 27th of October.
The Committee did have regard for the fact that Mr Coleman’s suspension would include a Premier meeting.
After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.
penalty:
Accordingly, Mr Coleman had his license to ride in races suspended for a period to commence after racing on 26 November and conclude after racing on 4 November 2016 (4 days).
That period of suspension encompasses meetings at:-
Tauranga - 29 October
Ellerslie - 1 November – Premier 1
Avondale - 2 November
Rotorua - 4 November
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M Coleman - Class A Rider
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ea226fae4f54ee4e8a9118c7301903a4
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race_title: R3
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meet_title: Avondale JC - 26 October 2016
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