Canterbury JC 22 September 2018 – R 6 – Chair, Mr S Ching
ID: JCA10854
Code:
Thoroughbred
Meet Title:
Canterbury JC - 22 September 2018
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2018/09/22
Race Number:
R6
Decision:
The charge was found to be proved.
Penalty:
Miss Cowan’s Class B Jockeys licence is suspended from the conclusion of racing 26 September up to and including 10 October 2018.
Facts:
Following the running of Race 6, the Janet Francis Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Miss K Cowan alleging careless riding in that she permitted her mount, BULLY BOY, to shift inwards near the 1000m, when not clear of REAL SAVVY, ridden by Mr A Calder, which was heavily restrained and checked.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Cowan had indicated on the Information that this breach of the Rules was not admitted, which she confirmed at the hearing. Miss Cowan also agreed that she understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Cowan at the hearing.
Submissions for Decision:
Mr Davidson, with the assistance of Stipendiary Steward, Mr McLaughlin, gave evidence and used video coverage to show that nearing the 1000m, BULLY BOY, ridden by Miss Cowan was racing 3 wide and on the outside of the leader, REAL SAVVY, ridden by Mr Calder.
Mr McLaughlin pointed out Miss Cowan, at the 1000m, improve forward and shift across in front of Mr Calder to assume the lead. He said that when crossing Mr Calder, Miss Cowan was only a bare length ahead and as a result Mr Calder had to heavily restrain and check his mount.
Mr Calder was called as a witness, who stated that he had given his mount a positive ride from the gate and had to work a little bit to cross the horse on his inside to assume the lead. He stated that at the 1000m Miss Cowan was racing to his outside and travelling better than him so he elected to steady and let Miss Cowan assume the lead. Mr Calder said that as Miss Cowan got a length clear of him, her horse has shifted over into his line which caused him to take a severe hold of his mount to keep off Miss Cowan’s heels. In response from a question from Mr Davidson, Mr Calder stated that Miss Cowan was only a length ahead of him when shifting across into his line.
Mr Walsh said that Mr Calder’s mount was throwing its head up when being steadied and asked Mr Calder that when he asked his mount to ease, did his horse come back to him easily. Mr Calder replied that his horse was travelling well, and he was attempting to take the speed off him. Mr Calder stated that although his horse was racing keenly, he still had to check when Miss Cowan crossed his line only a length clear.
Miss Cowan stated in defence that she felt as though she had given Mr Calder plenty of time to steady and take a sit. She said she could see he was easing his mount as she could see the horse's head in the air and racing erratically. Miss Cowan said she kicked up to cross Mr Calder and he had taken a hold to let her take the lead, but his horse has raced fiercely. Miss Cowan conceded that she may have misjudged the movement and come across a little soon.
She said that had Mr Calder’s mount responded to his easing she would have cleared him. Miss Cowan also said that with Mr Calder’s mount throwing its head around it made the situation look worse.
Mr Walsh said that Miss Cowan has clearly cut Mr Calder a little bit short. However, he said, that throughout this manoeuvre Miss Cowan had looked on several occasions and given him plenty of room prior to shifting across. He said the films showed that Mr Calder’s mount had its head in the air before Miss Cowan crossed and that the horse was not easing as Mr Calder wanted. He stated that he believed Mr Calder’s mount has had as much input into the incident as Miss Cowan. Mr Walsh stated that if Mr Calder’s mount had eased back kindly to let Miss Cowan’s mount to assume the lead, we would not be here with this hearing.
Reasons for Decision:
The Committee carefully considered all the evidence presented, both oral and visual. The Stewards alleged that Miss Cowan rode carelessly when shifting in to take up a position as the lead in front of Mr Calder near the 1000m. This Committee found the video and Mr Calder’s evidence compelling. We were satisfied that near the 1000m, Miss Cowan, when racing on the outside of Mr Calder, shifted across to assume the lead and in doing so was only a bare length ahead, not the required clearance, causing Mr Calder to heavily restrain and check.
Miss Cowan had a duty of care to ensure she was clear of Mr Calder in this manoeuvre regardless of how Mr Calder’s mount was travelling.
We therefore found that Miss Cowan has misjudged this manoeuvre and in doing so has ridden carelessly on this occasion.
Submissions for Penalty:
Mr Davidson stated that Miss Cowan’s record showed 5 suspensions over the previous 12 months being;
-3 October 2017 Waverley-5 Days
-3 November 2017 Taranaki-5 Days
-17 June 2018-Waipa-7 Days
-18 June 2018-Whangarei-6 Days
-20 June 2018-Counties -8 Days
Mr Davidson stated that the breach was mid-range. He said that the JCA Penalty Guide provides a starting point for a mid-range breach of an 8 National day suspension and submitted that a suspension of around that level be considered as penalty.
Mr Cowan stated that she would like the submissions made in evidence taken into consideration. She also said that she has not ridden on a good track much in her career. Miss Cowan said that most of her career she has been riding on slower tracks and when on a good track, the horses are going faster and everything happens faster as well, which takes a bit of getting used to. She said she has limited experience and needs to switch on to the track conditions and adjust accordingly. She said she only had her 1st win on 11 March 2017, a month after she started riding. Miss Cowan said that she was still learning, making mistakes and only out there doing her best.
Mr Walsh stated that Miss Cowan was a classic case and something we see continuously where after riding for 12 to 18 months, apprentices all of a sudden, when firmer tracks and other factors come along, misjudgements and mistakes start happening. Riders have to adjust to the faster tracks and ride accordingly. He said she did not intentionally cut Mr Calder off and is sure she will learn by it. Although we see Miss Cowan down in the South quite regularly she is still a rider of limited experience. Miss Cowan requested a deferment of penalty until after Matamata on 26 September.
Reasons for Penalty:
The Committee researched the NZTR website and found that up to that day's racing, Miss Cowan’s career rides totalled 342, which we determined would represent a reasonably experienced apprentice rider. The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee also assessed this breach as mid-range and therefore adopted an 8 National day starting point. The aggravating factor was Miss Cowan’s record which showed 5 breaches since October last year. Of note is that 2 of these suspensions are 11 to 12 months old but even taking the previous 3 suspensions into account, Miss Cowan’s record is not good. This aggravating factor warranted an uplift in penalty which we set at 2 days. We determined that there were no mitigating factors to consider therefore no discount in penalty applicable. Miss Cowan’s application for deferment until 26 September is granted.
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: 1545d52491bdd39bfa2afc6497f5c8c8
informantnumber: A8191
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 638(1)(d)-Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 25/09/2018
hearing_title: Canterbury JC 22 September 2018 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Janet Francis Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Miss K Cowan alleging careless riding in that she permitted her mount, BULLY BOY, to shift inwards near the 1000m, when not clear of REAL SAVVY, ridden by Mr A Calder, which was heavily restrained and checked.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Cowan had indicated on the Information that this breach of the Rules was not admitted, which she confirmed at the hearing. Miss Cowan also agreed that she understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Cowan at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Davidson, with the assistance of Stipendiary Steward, Mr McLaughlin, gave evidence and used video coverage to show that nearing the 1000m, BULLY BOY, ridden by Miss Cowan was racing 3 wide and on the outside of the leader, REAL SAVVY, ridden by Mr Calder.
Mr McLaughlin pointed out Miss Cowan, at the 1000m, improve forward and shift across in front of Mr Calder to assume the lead. He said that when crossing Mr Calder, Miss Cowan was only a bare length ahead and as a result Mr Calder had to heavily restrain and check his mount.
Mr Calder was called as a witness, who stated that he had given his mount a positive ride from the gate and had to work a little bit to cross the horse on his inside to assume the lead. He stated that at the 1000m Miss Cowan was racing to his outside and travelling better than him so he elected to steady and let Miss Cowan assume the lead. Mr Calder said that as Miss Cowan got a length clear of him, her horse has shifted over into his line which caused him to take a severe hold of his mount to keep off Miss Cowan’s heels. In response from a question from Mr Davidson, Mr Calder stated that Miss Cowan was only a length ahead of him when shifting across into his line.
Mr Walsh said that Mr Calder’s mount was throwing its head up when being steadied and asked Mr Calder that when he asked his mount to ease, did his horse come back to him easily. Mr Calder replied that his horse was travelling well, and he was attempting to take the speed off him. Mr Calder stated that although his horse was racing keenly, he still had to check when Miss Cowan crossed his line only a length clear.
Miss Cowan stated in defence that she felt as though she had given Mr Calder plenty of time to steady and take a sit. She said she could see he was easing his mount as she could see the horse's head in the air and racing erratically. Miss Cowan said she kicked up to cross Mr Calder and he had taken a hold to let her take the lead, but his horse has raced fiercely. Miss Cowan conceded that she may have misjudged the movement and come across a little soon.
She said that had Mr Calder’s mount responded to his easing she would have cleared him. Miss Cowan also said that with Mr Calder’s mount throwing its head around it made the situation look worse.
Mr Walsh said that Miss Cowan has clearly cut Mr Calder a little bit short. However, he said, that throughout this manoeuvre Miss Cowan had looked on several occasions and given him plenty of room prior to shifting across. He said the films showed that Mr Calder’s mount had its head in the air before Miss Cowan crossed and that the horse was not easing as Mr Calder wanted. He stated that he believed Mr Calder’s mount has had as much input into the incident as Miss Cowan. Mr Walsh stated that if Mr Calder’s mount had eased back kindly to let Miss Cowan’s mount to assume the lead, we would not be here with this hearing.
reasonsfordecision:
The Committee carefully considered all the evidence presented, both oral and visual. The Stewards alleged that Miss Cowan rode carelessly when shifting in to take up a position as the lead in front of Mr Calder near the 1000m. This Committee found the video and Mr Calder’s evidence compelling. We were satisfied that near the 1000m, Miss Cowan, when racing on the outside of Mr Calder, shifted across to assume the lead and in doing so was only a bare length ahead, not the required clearance, causing Mr Calder to heavily restrain and check.
Miss Cowan had a duty of care to ensure she was clear of Mr Calder in this manoeuvre regardless of how Mr Calder’s mount was travelling.
We therefore found that Miss Cowan has misjudged this manoeuvre and in doing so has ridden carelessly on this occasion.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Davidson stated that Miss Cowan’s record showed 5 suspensions over the previous 12 months being;
-3 October 2017 Waverley-5 Days
-3 November 2017 Taranaki-5 Days
-17 June 2018-Waipa-7 Days
-18 June 2018-Whangarei-6 Days
-20 June 2018-Counties -8 Days
Mr Davidson stated that the breach was mid-range. He said that the JCA Penalty Guide provides a starting point for a mid-range breach of an 8 National day suspension and submitted that a suspension of around that level be considered as penalty.
Mr Cowan stated that she would like the submissions made in evidence taken into consideration. She also said that she has not ridden on a good track much in her career. Miss Cowan said that most of her career she has been riding on slower tracks and when on a good track, the horses are going faster and everything happens faster as well, which takes a bit of getting used to. She said she has limited experience and needs to switch on to the track conditions and adjust accordingly. She said she only had her 1st win on 11 March 2017, a month after she started riding. Miss Cowan said that she was still learning, making mistakes and only out there doing her best.
Mr Walsh stated that Miss Cowan was a classic case and something we see continuously where after riding for 12 to 18 months, apprentices all of a sudden, when firmer tracks and other factors come along, misjudgements and mistakes start happening. Riders have to adjust to the faster tracks and ride accordingly. He said she did not intentionally cut Mr Calder off and is sure she will learn by it. Although we see Miss Cowan down in the South quite regularly she is still a rider of limited experience. Miss Cowan requested a deferment of penalty until after Matamata on 26 September.
reasonsforpenalty:
The Committee researched the NZTR website and found that up to that day's racing, Miss Cowan’s career rides totalled 342, which we determined would represent a reasonably experienced apprentice rider. The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee also assessed this breach as mid-range and therefore adopted an 8 National day starting point. The aggravating factor was Miss Cowan’s record which showed 5 breaches since October last year. Of note is that 2 of these suspensions are 11 to 12 months old but even taking the previous 3 suspensions into account, Miss Cowan’s record is not good. This aggravating factor warranted an uplift in penalty which we set at 2 days. We determined that there were no mitigating factors to consider therefore no discount in penalty applicable. Miss Cowan’s application for deferment until 26 September is granted.
penalty:
Miss Cowan’s Class B Jockeys licence is suspended from the conclusion of racing 26 September up to and including 10 October 2018.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: M Davidson - Stipendiary Steward
JockeysandTrainer: K Cowan-Class B Rider
Otherperson: D Walsh-NZTR Apprentice Mentor, Mr J McLaughlin - Stipendiary Steward, Mr A Calder - Rider of REAL SAVVY
PersonPresent:
Respondent:
StipendSteward:
raceid: 235a29895dcef2f94ed329f9a1ad2f12
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race_title: R6
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meetdate: 22/09/2018
meet_title: Canterbury JC - 22 September 2018
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