Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Whangarei RC 20 July 2013 R 5

ID: JCA10868

Applicant:
Mr A Coles (Stipendiary Steward)

Respondent(s):
Mr B R Jones - Licensed Jockey

Other Person:
Mr J Otham - Senior Stipendiary Steward

Information Number:
A2761

Hearing Type:
Hearing

Rules:
R. 638(1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 20 July 2013

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2013/07/20

Race Number:
R5

Decision:

The allegation is admitted and is therefore proved.

Penalty:

Having given due consideration to the factors listed above we impose a suspension on Mr Jones, which will commence after racing on 27 July 2013 and conclude after racing on 8 August 2013. This equates to 6 riding days.

We grant Mr Jones’s request to seek a deferment to his suspension as per Rule 1106(2).

Charge:

The information alleged that Mr Jones “permitted his mount CAST KING to shift inwards near the 1300 metres when not sufficiently clear of HENNESSY BLACK which forced resultant crowding to other runners”.

Rule 638(1) (d) provides that a rider shall not ride a horse in a manner which the Judicial Committee considers to be careless

Facts:

This charge arises from the running of Race 5, the ‘Husbands Heat Pump and Air-conditioning 1400’. Senior Stipendiary Steward Mr Oatham demonstrated the incident by way of video footage. He told the Judicial Committee (the “Committee”) that Mr Jones drew barrier position 9 out of 10 starters. He said that as the field was dispatched from the 1400 metre start, Mr Jones, riding CAST KING commenced to ride forward aggressively shifting across the field on an angle.

Mr Oatham said that Mr Jones took remedial action when the rider of HENNESSY BLACK, Mr L Innes, who was racing on his inside, called out to Mr Jones. Mr Oatham said that the action taken by Mr Jones was too little and too late as five runners inside of HENNESSY BLACK received varying degrees of interference, the worst affected being ENCHARM. Using side-on video film Mr Oatham demonstrated that Mr Jones was just under a length clear when shifting inwards, not the required distance of two lengths. 

Mr Jones told the committee that his mount began quickly and he noticed that Mr Innes’ mount was slow to begin and when he went to “dig his mount up to go forward” Mr Innes anticipated this. He said at this point he took corrective action to relieve the pressure by turning his horses head outward. He freely acknowledged that he was guilty of making initial contact with HENNESSY BLACK, but in his assessment he was not responsible for the further tightening that occurred to the runners on the inside HENNESSY BLACK. He said that following his corrective action he did not tighten or dictate any other runner.

In response to Mr Jones’ submission Stipendiary Steward Mr Coles disagreed with Mr Jones’ interpretation of the incident. He submitted  that the consequential interference to other runners was caused directly through Mr Jones’ actions. 

Submissions for Penalty:

Mr Coles submitted that Mr Jones has a reasonably good riding record having previously breached this rule twice in the past 12 months, the most recent being on 27 January 2013 where the breach was in a Listed race and resulted in an 11 day suspension. Mr Coles submitted that Mr Jones is a busy North Island rider and he ought to be given credit for his admission of the breach.

Mr Jones submitted that although he has breached this rule twice in the past 12 months the Committee should assess his overall record as very good. He said that he should be given credit for taking corrective action as soon as Mr Innes called out to him and that his assessment of the breach is mid-range because once contact was made with HENNESSY BLACK he immediately released the pressure. He further submitted that the resultant interference to other horses was a chain reaction which made it look worse than it really was. Mr Jones summed up submission by acknowledging that the breach would incur a suspension, but not at the high end.

Mr Jones requested a 7 day deferment to his proposed suspension due to his riding commitments over the next week.

Reasons for Penalty:

The Committee notes that the starting point for a breach of this Rule, as outlined in the Penalty Guide for Judicial Committees, is 5 riding days. Having reviewed the video footage of the incident and submissions of both the Informant and Defendant, we have assessed the breach as high, because several runners were affected by the interference.  Our interpretation of the breach is that Mr Jones was only ever about ¾’s of a length clear of Mr Innes’s mount, not the required 2 lengths and we believe that the tightening to the runners inside of HENNESY BLACK was a direct result of Mr Jones’ actions. This is an aggravating factor and on this point we reject Mr Jones’ submission, but the Committee does accept that there was a chain reaction following the initial interference to HENNESSY BLACK. We have taken into account Mr Jones’ reasonably good riding record and his admission of the breach. 

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: 0c5b379703dd99c54c85f86daf8135a2


informantnumber: A2761


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/07/2013


hearing_title: Whangarei RC 20 July 2013 R 5


charge:

The information alleged that Mr Jones “permitted his mount CAST KING to shift inwards near the 1300 metres when not sufficiently clear of HENNESSY BLACK which forced resultant crowding to other runners”.

Rule 638(1) (d) provides that a rider shall not ride a horse in a manner which the Judicial Committee considers to be careless


facts:

This charge arises from the running of Race 5, the ‘Husbands Heat Pump and Air-conditioning 1400’. Senior Stipendiary Steward Mr Oatham demonstrated the incident by way of video footage. He told the Judicial Committee (the “Committee”) that Mr Jones drew barrier position 9 out of 10 starters. He said that as the field was dispatched from the 1400 metre start, Mr Jones, riding CAST KING commenced to ride forward aggressively shifting across the field on an angle.

Mr Oatham said that Mr Jones took remedial action when the rider of HENNESSY BLACK, Mr L Innes, who was racing on his inside, called out to Mr Jones. Mr Oatham said that the action taken by Mr Jones was too little and too late as five runners inside of HENNESSY BLACK received varying degrees of interference, the worst affected being ENCHARM. Using side-on video film Mr Oatham demonstrated that Mr Jones was just under a length clear when shifting inwards, not the required distance of two lengths. 

Mr Jones told the committee that his mount began quickly and he noticed that Mr Innes’ mount was slow to begin and when he went to “dig his mount up to go forward” Mr Innes anticipated this. He said at this point he took corrective action to relieve the pressure by turning his horses head outward. He freely acknowledged that he was guilty of making initial contact with HENNESSY BLACK, but in his assessment he was not responsible for the further tightening that occurred to the runners on the inside HENNESSY BLACK. He said that following his corrective action he did not tighten or dictate any other runner.

In response to Mr Jones’ submission Stipendiary Steward Mr Coles disagreed with Mr Jones’ interpretation of the incident. He submitted  that the consequential interference to other runners was caused directly through Mr Jones’ actions. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The allegation is admitted and is therefore proved.


sumissionsforpenalty:

Mr Coles submitted that Mr Jones has a reasonably good riding record having previously breached this rule twice in the past 12 months, the most recent being on 27 January 2013 where the breach was in a Listed race and resulted in an 11 day suspension. Mr Coles submitted that Mr Jones is a busy North Island rider and he ought to be given credit for his admission of the breach.

Mr Jones submitted that although he has breached this rule twice in the past 12 months the Committee should assess his overall record as very good. He said that he should be given credit for taking corrective action as soon as Mr Innes called out to him and that his assessment of the breach is mid-range because once contact was made with HENNESSY BLACK he immediately released the pressure. He further submitted that the resultant interference to other horses was a chain reaction which made it look worse than it really was. Mr Jones summed up submission by acknowledging that the breach would incur a suspension, but not at the high end.

Mr Jones requested a 7 day deferment to his proposed suspension due to his riding commitments over the next week.


reasonsforpenalty:

The Committee notes that the starting point for a breach of this Rule, as outlined in the Penalty Guide for Judicial Committees, is 5 riding days. Having reviewed the video footage of the incident and submissions of both the Informant and Defendant, we have assessed the breach as high, because several runners were affected by the interference.  Our interpretation of the breach is that Mr Jones was only ever about ¾’s of a length clear of Mr Innes’s mount, not the required 2 lengths and we believe that the tightening to the runners inside of HENNESY BLACK was a direct result of Mr Jones’ actions. This is an aggravating factor and on this point we reject Mr Jones’ submission, but the Committee does accept that there was a chain reaction following the initial interference to HENNESSY BLACK. We have taken into account Mr Jones’ reasonably good riding record and his admission of the breach. 


penalty:

Having given due consideration to the factors listed above we impose a suspension on Mr Jones, which will commence after racing on 27 July 2013 and conclude after racing on 8 August 2013. This equates to 6 riding days.

We grant Mr Jones’s request to seek a deferment to his suspension as per Rule 1106(2).


hearing_type: Hearing


Rules: R. 638(1) (d)


Informant: Mr A Coles (Stipendiary Steward)


JockeysandTrainer: Mr B R Jones - Licensed Jockey


Otherperson: Mr J Otham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 231e126c3c458b6da9ccad8892b87535


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d43a5acc671a82d22f54a4038d1805a1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/07/2013


meet_title: Whangarei RC - 20 July 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Whangarei RC