Archive Decision

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Avondale JC 25 January 2017 – R 1 – Chair, Mr P Williams

ID: JCA10919

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr V Colgan - Licensed Jockey

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A8858

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 25 January 2017

Meet Chair:
PWilliams

Meet Committee Member 1:
ADooley

Race Date:
2017/01/25

Race Number:
R 1

Decision:

As Mr Colgan admitted the breach the charge is found proved.

Penalty:

Mr Colgan is suspended for 4 riding days from the close of racing on Sunday 29 January 2017 to the close of racing on Thursday 9 February 2017 - the 4 days being Te Teko (30 January 2017), Te Rapa (4 February 2017), Ellerslie (8 February 2017) and Te Aroha (9 February 2017).

Facts:

Following the running of race 1, the "Magness The Mighty Steam Train 2100" Information A8858 was filed by Stipendiary Steward Mr A Coles under Rule 638( l)(d). The Information stated "near the 350m V Colgan "Head Rush" allowed his mount to shift out when not clear of "Markwood" which was checked. Mr Colgan signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged.

Rule 638 (1) (d) states "A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless".

Stipendiary Steward Mr Jones, using the head-on and side-on films from approximately the top of the straight, identified Mr Colgan racing 3 back on the rail. He said to Mr Colgan's outside was Ms A Collett on "Markwood". He said Mr Colgan was riding forward with whip and striking the horse behind the saddle and allowed his mount to shift out and make contact with Ms Collett's horse. He said Ms Collett was checked and lost ground as a result of the contact. He said he believed Mr Colgan was no more than half to three quarters of a length clear when contact was made.

Mr Colgan said he had come out half a horse width more than he should have and had simply misjudged how far he was in front of Ms Collett. He said he heard her call out and immediately tried to take corrective action and straighten his horse to relieve the pressure on her. He conceded the films showed he had checked Ms Collett as a result of him moving in.

Submissions for Penalty:

Mr Coles said Mr Colgan had a good riding record and had only breached the careless riding rule twice in the previous 12 months - on 27 August 2016 at Whangarei receiving a 4 day suspension and on 12 March 2016 at Ellerslie in a Group l race where he received a 6 day suspension. He asked the Committee to note that Mr Colgan had admitted the breach and described the severity of the interference as being in the low-mid range.

Mr Colgan had no submissions to make on penalty other than to say he would reserve his comments on any possible deferment until he knew what the penalty was.

Reasons for Penalty:

The Committee has reviewed films of the incident and taken into account all the submissions made. The films clearly show that soon after entering the home straight Mr Colgan has moved out when not the required distance clear and caused a check to Ms Collett. The Committee believes the severity of the interference is in the low-mid range.

The Committee has taken into account Mr Colgan's admittance of the breach and noted that prior to today he has had only 2 breaches of this Rule in the previous 12 months. The Committee notes that Mr Colgan has had approximately 200 rides in the current season and has not ridden out of the Northern region on a non premier day this season.

The JCA's Penalty Guidelines state the starting point for a breach of the careless riding rule is 5 riding days. Having taken into account the aggravating and mitigating factors above the Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension and that this should be 4 riding days.

When Mr Colgan was advised of the penalty he said he would like to defer the start of the suspension until after racing on Sunday 29 January . He also produced a text message dated 24 January from Trainer Mr Pike asking him if he would ride horses for him at the Hawkes Bay Meeting on Wednesday 1 February. He then asked that the period of suspension include the 1 February meeting at Hawkes Bay. Mr Colgan was advised by the Chairman that if he had been "engaged" to ride for Mr Pike on 1 February he would not be permitted to defer his suspension in order to be fair to Mr Pike and the connections of those horses. Mr Colgan then said they were "potential rides" and not engagements. He was then told that, based on that information, if he still wished to commence his suspension after racing on Sunday 29 January the Hawkes Bay meeting on 1 February would not be included in the period of suspension.

Mr Colgan then confirmed he wished his suspension to commence after racing on Sunday 29 January and this was approved in terms of Rule 1106(2).

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: 06c70cb76f72a4c1be76c45bad9bc8e8


informantnumber: A8858


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 26/01/2017


hearing_title: Avondale JC 25 January 2017 - R 1 - Chair, Mr P Williams


charge:


facts:

Following the running of race 1, the "Magness The Mighty Steam Train 2100" Information A8858 was filed by Stipendiary Steward Mr A Coles under Rule 638( l)(d). The Information stated "near the 350m V Colgan "Head Rush" allowed his mount to shift out when not clear of "Markwood" which was checked. Mr Colgan signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged.

Rule 638 (1) (d) states "A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless".

Stipendiary Steward Mr Jones, using the head-on and side-on films from approximately the top of the straight, identified Mr Colgan racing 3 back on the rail. He said to Mr Colgan's outside was Ms A Collett on "Markwood". He said Mr Colgan was riding forward with whip and striking the horse behind the saddle and allowed his mount to shift out and make contact with Ms Collett's horse. He said Ms Collett was checked and lost ground as a result of the contact. He said he believed Mr Colgan was no more than half to three quarters of a length clear when contact was made.

Mr Colgan said he had come out half a horse width more than he should have and had simply misjudged how far he was in front of Ms Collett. He said he heard her call out and immediately tried to take corrective action and straighten his horse to relieve the pressure on her. He conceded the films showed he had checked Ms Collett as a result of him moving in.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Colgan admitted the breach the charge is found proved.


sumissionsforpenalty:

Mr Coles said Mr Colgan had a good riding record and had only breached the careless riding rule twice in the previous 12 months - on 27 August 2016 at Whangarei receiving a 4 day suspension and on 12 March 2016 at Ellerslie in a Group l race where he received a 6 day suspension. He asked the Committee to note that Mr Colgan had admitted the breach and described the severity of the interference as being in the low-mid range.

Mr Colgan had no submissions to make on penalty other than to say he would reserve his comments on any possible deferment until he knew what the penalty was.


reasonsforpenalty:

The Committee has reviewed films of the incident and taken into account all the submissions made. The films clearly show that soon after entering the home straight Mr Colgan has moved out when not the required distance clear and caused a check to Ms Collett. The Committee believes the severity of the interference is in the low-mid range.

The Committee has taken into account Mr Colgan's admittance of the breach and noted that prior to today he has had only 2 breaches of this Rule in the previous 12 months. The Committee notes that Mr Colgan has had approximately 200 rides in the current season and has not ridden out of the Northern region on a non premier day this season.

The JCA's Penalty Guidelines state the starting point for a breach of the careless riding rule is 5 riding days. Having taken into account the aggravating and mitigating factors above the Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension and that this should be 4 riding days.

When Mr Colgan was advised of the penalty he said he would like to defer the start of the suspension until after racing on Sunday 29 January . He also produced a text message dated 24 January from Trainer Mr Pike asking him if he would ride horses for him at the Hawkes Bay Meeting on Wednesday 1 February. He then asked that the period of suspension include the 1 February meeting at Hawkes Bay. Mr Colgan was advised by the Chairman that if he had been "engaged" to ride for Mr Pike on 1 February he would not be permitted to defer his suspension in order to be fair to Mr Pike and the connections of those horses. Mr Colgan then said they were "potential rides" and not engagements. He was then told that, based on that information, if he still wished to commence his suspension after racing on Sunday 29 January the Hawkes Bay meeting on 1 February would not be included in the period of suspension.

Mr Colgan then confirmed he wished his suspension to commence after racing on Sunday 29 January and this was approved in terms of Rule 1106(2).


penalty:

Mr Colgan is suspended for 4 riding days from the close of racing on Sunday 29 January 2017 to the close of racing on Thursday 9 February 2017 - the 4 days being Te Teko (30 January 2017), Te Rapa (4 February 2017), Ellerslie (8 February 2017) and Te Aroha (9 February 2017).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr V Colgan - Licensed Jockey


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b2290accd1b5b87f649ad5e719165de8


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


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meetid: 4601b1f6cdc52c3afd1b38635f3119fe


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meet_noreport: 0


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meet_emailed1: 0


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meetdate: 25/01/2017


meet_title: Avondale JC - 25 January 2017


meet_expappcomment:


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tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: PWilliams


meet_pm1: ADooley


meet_pm2: none


name: Avondale JC