Whangarei RC 2 May 2012 – R 7
ID: JCA10968
Code:
Thoroughbred
Meet Title:
Whangarei RC - 2 May 2012
Meet Chair:
ADooley
Meet Committee Member 1:
JHolloway
Race Date:
2012/05/02
Race Number:
R 7
Decision:
As Mr Innes admitted the breach we find the charge proved.
Penalty:
Mr Innes’ request for a deferment to his suspension as per rule 1106(2) was granted.
Accordingly, Mr Innes is suspended for (5) five days commencing after racing on 7th May 2012 and concluding after racing on 12th May 2012.
Note: At the completion of the hearing Mr Innes and Mr Castles expressed their concerns as to why Mr Innes was not entitled to claim the Riverton meeting on 13 May 2012. The committee explained to them that the JCA policy is that panelists are required to test firmly the evidence of riders in respect of where they will be riding.
Charge:
Following race 7 an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that Mr Innes permitted his mount TURPEN to shift inwards when not sufficiently clear, causing crowding to UNCLE SHAYNE (J Collett) and SHE’S A TOMBOY(A Collett) which were checked.
Facts:
Prior to the hearing starting Mr Innes sought permission to change his plea from not admitting the breach to admitting the breach. The committee granted Mr Innes request and the information was amended and signed by Mr Innes.
Mr Oatham demonstrated the incident using the head on and side on films. He pointed out to the committee on the head on film that Mr Innes was riding his mount forward when on an inward movement at the 100 metre mark. Mr Oatham said Mr Innes made a reasonable attempt to correct his mount initially, however he continued to move in and check 2 runners on his inner which resulted in them having their chances of finishing in a better position affected. Mr Oatham said Mr Innes did straighten his mount but it was well after the incident occurred. Mr Oatham highlighted on the side on film that Mr Innes was never the required distance clear when moving in.
Mr Innes did not have any questions of Mr Oatham’s interpretation of the films.
Mr Innes told the committee that TURPEN was laying in and he tried to pull him out away from the runners on his inside. He said he was doing all he could to get his mount to straighten up.
Submissions for Penalty:
Mr Oatham produced a record which showed 6 previous suspensions in the last 12 months. Those penalties incurred were 3 at 4 days, 2 at 5 days and 1 at 6 days. He said that Mr Innes mount was not giving him an easy ride, however he should have stopped riding and straightened his mount to avoid interference. He submitted the level of carelessness was mid range with 2 horse’s having their chances affected. He submitted a suspension of 5 to 6 days would be appropriate.
Mr Innes when asked for submissions on penalty asked the committee to take into account the less opportunity flat riders have with the onset of winter racing. He submitted that the penalty should be a 4 day suspension and that would allow him to ride ASPINAL at Rotorua on May 12.
When asked about his commitments over the next 7 days Mr Innes informed the committee that he was riding at Christchurch on Saturday and he had firm commitments at Counties on May 7 and therefore was seeking a deferment to fulfil those engagements.
The committee questioned Mr Innes of his intentions to ride at Riverton on May 13 2012. Mr Innes stated he was a national rider and he could ride anywhere in the country. When asked by the committee as to when was the last time he had ridden at Riverton, Mr Innes conceded that it was 2 to 3 years ago. The committee advised Mr Innes in the absence of any evidence that he would be riding at Riverton we would reject his submission if that race meeting in fact was covered during his proposed suspension.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factor was Mr Innes admission of the breach. The aggravating factors were as follows, we assessed Mr Innes record as poor, with this being his 7th suspension in the last 12 months. The level of carelessness was as mid range because Mr Innes continued to ride his mount forward and take the rightful running line of 2 runners on his inner which were checked. We accepted that Mr Innes does ride in the South Island but emphasised that meetings such as Riverton, we needed evidence to accurately assess the effective number of riding days for which a rider would be suspended. The appropriate period of suspension for this breach was assessed at 6 days, however, we gave Mr Innes 1 day credit for 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: 18012c85854d7aa6a216d231761e7efc
informantnumber: A4503
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2012
hearing_title: Whangarei RC 2 May 2012 - R 7
charge:
Following race 7 an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that Mr Innes permitted his mount TURPEN to shift inwards when not sufficiently clear, causing crowding to UNCLE SHAYNE (J Collett) and SHE’S A TOMBOY(A Collett) which were checked.
facts:
Prior to the hearing starting Mr Innes sought permission to change his plea from not admitting the breach to admitting the breach. The committee granted Mr Innes request and the information was amended and signed by Mr Innes.
Mr Oatham demonstrated the incident using the head on and side on films. He pointed out to the committee on the head on film that Mr Innes was riding his mount forward when on an inward movement at the 100 metre mark. Mr Oatham said Mr Innes made a reasonable attempt to correct his mount initially, however he continued to move in and check 2 runners on his inner which resulted in them having their chances of finishing in a better position affected. Mr Oatham said Mr Innes did straighten his mount but it was well after the incident occurred. Mr Oatham highlighted on the side on film that Mr Innes was never the required distance clear when moving in.
Mr Innes did not have any questions of Mr Oatham’s interpretation of the films.
Mr Innes told the committee that TURPEN was laying in and he tried to pull him out away from the runners on his inside. He said he was doing all he could to get his mount to straighten up.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Innes admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced a record which showed 6 previous suspensions in the last 12 months. Those penalties incurred were 3 at 4 days, 2 at 5 days and 1 at 6 days. He said that Mr Innes mount was not giving him an easy ride, however he should have stopped riding and straightened his mount to avoid interference. He submitted the level of carelessness was mid range with 2 horse’s having their chances affected. He submitted a suspension of 5 to 6 days would be appropriate.
Mr Innes when asked for submissions on penalty asked the committee to take into account the less opportunity flat riders have with the onset of winter racing. He submitted that the penalty should be a 4 day suspension and that would allow him to ride ASPINAL at Rotorua on May 12.
When asked about his commitments over the next 7 days Mr Innes informed the committee that he was riding at Christchurch on Saturday and he had firm commitments at Counties on May 7 and therefore was seeking a deferment to fulfil those engagements.
The committee questioned Mr Innes of his intentions to ride at Riverton on May 13 2012. Mr Innes stated he was a national rider and he could ride anywhere in the country. When asked by the committee as to when was the last time he had ridden at Riverton, Mr Innes conceded that it was 2 to 3 years ago. The committee advised Mr Innes in the absence of any evidence that he would be riding at Riverton we would reject his submission if that race meeting in fact was covered during his proposed suspension.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factor was Mr Innes admission of the breach. The aggravating factors were as follows, we assessed Mr Innes record as poor, with this being his 7th suspension in the last 12 months. The level of carelessness was as mid range because Mr Innes continued to ride his mount forward and take the rightful running line of 2 runners on his inner which were checked. We accepted that Mr Innes does ride in the South Island but emphasised that meetings such as Riverton, we needed evidence to accurately assess the effective number of riding days for which a rider would be suspended. The appropriate period of suspension for this breach was assessed at 6 days, however, we gave Mr Innes 1 day credit for his admission of the breach.
penalty:
Mr Innes’ request for a deferment to his suspension as per rule 1106(2) was granted.
Accordingly, Mr Innes is suspended for (5) five days commencing after racing on 7th May 2012 and concluding after racing on 12th May 2012.
Note: At the completion of the hearing Mr Innes and Mr Castles expressed their concerns as to why Mr Innes was not entitled to claim the Riverton meeting on 13 May 2012. The committee explained to them that the JCA policy is that panelists are required to test firmly the evidence of riders in respect of where they will be riding.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr L Innes - Licensed Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e12c02cdb10b31d488af69f909f19697
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dfd95eb88186038bc6cc08ce2ac2034a
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/05/2012
meet_title: Whangarei RC - 2 May 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "230", "Total": "142.6", "kmprice": 142.59999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: JHolloway
meet_pm2: none
name: Whangarei RC