Waikato RC 11 September 2013 – R 1
ID: JCA10938
Code:
Thoroughbred
Meet Title:
Waikato RC - 11 September 2013
Meet Chair:
ADooley
Race Date:
2013/09/11
Race Number:
R1
Decision:
As Miss Myers admitted the breach I find the charge proved.
Penalty:
I grant Miss Myers' request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, I impose a suspension on Miss Myers which will commence after racing on 14 September and conclude after racing on 20 September 2013 (3 days and in addition impose a $600 fine).
Charge:
Following race 1, BNZ Partners Farewell to Dave 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Miss K Myers permitted her mount SCORCHING to shift inwards when not sufficiently clear of IMAGUNAKEPA which was forced into the line of TOKOMUTU JUDGE which was checked near the 1,000 metres.
Miss Myers acknowledged that she understood the nature of the charge and the Rule.
Rule 638(1) (d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Facts:
Mr Williamson identified Miss Myers racing in a 3 wide position approaching the 1,000 metres. Shortly after that point Miss Myers permitted her mount to shift in when only a bare length clear. This resulted in slight contact to IMAGUNAKEPA which was forced into the running line of TOKOMUTU JUDGE which was checked.
Miss Myers said she admitted the breach because it appeared on the films that she bumped IMAGUNAKEPA. She assessed the carelessness as minimal and believed she did not put any pressure onto IMAGUNAKEPA. In her view Mr Turner allowed IMAGUNAKEPA to move in.
Mr Oatham responded by stating he failed to accept that Mr Turner had a bearing on the incident.
Submissions for Penalty:
Mr Oatham produced Miss Myers' record which showed 3 previous breaches under this Rule in the last 12 months. He said her overall record was reasonable noting that it’s been 7 months since she breached this Rule. He assessed the level of carelessness as low end and submitted a suspension in line with that was appropriate.
Miss Myers advised that she had upcoming commitments at Awapuni on 14 September and that any period of suspension could commence after that.
In response to questions from the Committee, Miss Myers said she may have some rides for Ms Latta at Winton on September 18 however, when tested for further evidence Miss Myers then admitted she had no intention of riding at Winton. Miss Myers advised me that she had a firm commitment to ride NASHVILLE in the Group 1 $200,000 Windsor Park Plate at Hastings on September 21. Miss Myers also confirmed that she generally has 4 rides per race day.
Miss Myers submitted that the level of interference was minimal. She submitted today’s incident didn't justify her missing the opportunity to ride NASHVILLE in a Group 1 race.
Mr Oatham confirmed that Miss Myers has no record of riding at Winton.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. I have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Miss Myers' admission of the breach, her overall good record in relation to this Rule, the level of carelessness is assessed as low end. I note that Miss Myers was a bare length clear when shifting in which resulted in a minor check to TOKOMUTU JUDGE.
Taking into account all the above factors I would normally consider this breach to be a 4 day suspension.
However, I had regard for the fact that the 4th day of her suspension would deny Miss Myers the opportunity to ride NASHVILLE in a $200,000 Group 1 race at Hastings on September 21. I consider a Group 1 event to be the pinnacle for riders and do not believe the minor interference that occurred today along with the other mitigating factors warrants Miss Myers missing this ride. The betting public who have invested heavily on the future odds for NASHVILLE to win the race was also a factor I considered before imposing penalty. I am satisfied that exercising my discretion is appropriate for this particular case. Therefore, I determined an appropriate penalty to be a fine (based on an average 4 rides) and a suspension.
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: 17927be149eef9d5668acc0a578e2645
informantnumber: A4295
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/09/2013
hearing_title: Waikato RC 11 September 2013 - R 1
charge:
Following race 1, BNZ Partners Farewell to Dave 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Miss K Myers permitted her mount SCORCHING to shift inwards when not sufficiently clear of IMAGUNAKEPA which was forced into the line of TOKOMUTU JUDGE which was checked near the 1,000 metres.
Miss Myers acknowledged that she understood the nature of the charge and the Rule.
Rule 638(1) (d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
facts:
Mr Williamson identified Miss Myers racing in a 3 wide position approaching the 1,000 metres. Shortly after that point Miss Myers permitted her mount to shift in when only a bare length clear. This resulted in slight contact to IMAGUNAKEPA which was forced into the running line of TOKOMUTU JUDGE which was checked.
Miss Myers said she admitted the breach because it appeared on the films that she bumped IMAGUNAKEPA. She assessed the carelessness as minimal and believed she did not put any pressure onto IMAGUNAKEPA. In her view Mr Turner allowed IMAGUNAKEPA to move in.
Mr Oatham responded by stating he failed to accept that Mr Turner had a bearing on the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Myers admitted the breach I find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Miss Myers' record which showed 3 previous breaches under this Rule in the last 12 months. He said her overall record was reasonable noting that it’s been 7 months since she breached this Rule. He assessed the level of carelessness as low end and submitted a suspension in line with that was appropriate.
Miss Myers advised that she had upcoming commitments at Awapuni on 14 September and that any period of suspension could commence after that.
In response to questions from the Committee, Miss Myers said she may have some rides for Ms Latta at Winton on September 18 however, when tested for further evidence Miss Myers then admitted she had no intention of riding at Winton. Miss Myers advised me that she had a firm commitment to ride NASHVILLE in the Group 1 $200,000 Windsor Park Plate at Hastings on September 21. Miss Myers also confirmed that she generally has 4 rides per race day.
Miss Myers submitted that the level of interference was minimal. She submitted today’s incident didn't justify her missing the opportunity to ride NASHVILLE in a Group 1 race.
Mr Oatham confirmed that Miss Myers has no record of riding at Winton.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. I have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Miss Myers' admission of the breach, her overall good record in relation to this Rule, the level of carelessness is assessed as low end. I note that Miss Myers was a bare length clear when shifting in which resulted in a minor check to TOKOMUTU JUDGE.
Taking into account all the above factors I would normally consider this breach to be a 4 day suspension.
However, I had regard for the fact that the 4th day of her suspension would deny Miss Myers the opportunity to ride NASHVILLE in a $200,000 Group 1 race at Hastings on September 21. I consider a Group 1 event to be the pinnacle for riders and do not believe the minor interference that occurred today along with the other mitigating factors warrants Miss Myers missing this ride. The betting public who have invested heavily on the future odds for NASHVILLE to win the race was also a factor I considered before imposing penalty. I am satisfied that exercising my discretion is appropriate for this particular case. Therefore, I determined an appropriate penalty to be a fine (based on an average 4 rides) and a suspension.
penalty:
I grant Miss Myers' request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, I impose a suspension on Miss Myers which will commence after racing on 14 September and conclude after racing on 20 September 2013 (3 days and in addition impose a $600 fine).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Miss K Myers - Licensed Rider
Otherperson: Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f0418efa12bebcb2ff5023c395baffd6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 76a5b97b956fb670d68a12ea68a8c70b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/09/2013
meet_title: Waikato RC - 11 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Waikato RC