Canterbury R 5 April 2014 – R 4
ID: JCA10997
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 5 April 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/04/05
Race Number:
R 4
Decision:
The charge was found to be proved.
Penalty:
Miss Morgan's licence to ride was suspended from 18 April to conclusion of racing on 24 April 2014 inclusive. The term of suspension encompasses the meetings at Riverton on 19 April, Riverton on 21 April and Blenheim on 24 April.
Facts:
Following the running of Race 4, the PGG Wrightson Seeds Open Sprint, an Information was filed by Stipendiary Steward, Mr M Zarb, against Class B Apprentice rider Miss A Morgan , the rider of THE GOVERNATOR, alleging Miss Morgan failed to ride her horse out to the finish when there was a reasonable chance of it finishing in 4th place for which there was a stake payable and a dividend to be declared.
Rule 636(1)(d) reads as follows:
“(1) A Person:
(c) being the rider of a horse in a race, must ride his horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.”
Miss Morgan had indicated on the Information that this breach of the Rules was not admitted and she confirmed this at the hearing. Miss Morgan also agreed that she understood the charge and the rule it was brought under. Miss Morgan was assisted at the hearing by her employer Mr M Pitman.
Submissions for Decision:
Mr Zarb gave evidence and used video coverage to show that THE GOVERNATOR, ridden by Miss Morgan, finished 5th in the race, beaten by GIRL OF MY DREAMS, by the official margin of a nose. The Stewards, he said, alleged that Miss Morgan failed to ride her horse out over the final 15 to 20 metres of the race when there was a reasonable chance of it finishing in 4th place. He pointed out THE GOVERNATOR racing on the fence with GIRL OF MY DREAMS in the 4 wide position near the 50 metres. He stated that at the 25m THE GOVERNATOR, was still a neck to a head in front of GIRL OF MY DREAMS, and at the 15 to 20m she “sat up” and was beaten at the line by a nose. He pointed out, on the lateral video view, Miss Morgan who went from the low position pushing out THE GOVERNATOR to sitting up with approximately 15m to go. He said there was nothing preventing her from continuing to ride the horse out to the end of the race. Of note he said that the rider on GIRL OF MY DREAMS pushed on two to three more times prior to the post after Miss Morgan stopped riding her horse out. The head on video replay clearly showed, he said, that there was nothing to prevent her riding her horse out to the end of the race. He estimated that Miss Morgan had stopped riding her horse out approximately 2 to 2 ½ strides from the post.
Mr Pitman in defence showed all views of the alleged incident including the back straight view of the final stages of the race and submitted that this view clearly showed that Miss Morgan continued to push her horse out to the post. He stated that THE GOVERNATOR was lugging and that Miss Morgan was still pushing with her left hand to the post. Mr Pitman showed the head on video replay of the incident and believed that view also supported his submission that Miss Morgan pushed her horse out to the line. Miss Morgan stated that she was just trying to straighten her horse to angle down to the inside of the horse ahead over the concluding 15-20 metres. Miss Morgan stated she was smacking the horse with the whip and trying to hold him as well as push him out. She also stated that she changes her body position on the horse when she changes from using the whip to pushing out in a finish.
Mr Zarb responded to Mr Pitman’s statement by stating that the Stewards could see no evidence of THE GOVERNATOR hanging, lugging or doing anything that would have prevented Miss Morgan continuing to ride the horse out to the end of the race.
Reasons for Decision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee found the video evidence compelling and were satisfied that Miss Morgan when riding THE GOVERNATOR relaxed her ride and stopped riding her horse out approximately 15m or 2-3 strides from the post. It was clear on the lateral view video of the incident that Miss Morgan was pushing her horse out until near the 15m and then sat up, stopped pushing, relaxed her ride and was beaten on the line by GIRL OF MY DREAMS by a nose. The Committee were satisfied that THE GOVERNATOR was a neck to a head in advance of GIRL OF MY DREAMS at the 25m and when Miss Morgan stopped riding there was a reasonable chance of her horse holding 4th placing. With the official margin between 4th and 5th being a nose, we were satisfied that Miss Morgan had a reasonable chance of holding or running into 4th position for which there was a higher stake and dividend payable.
The Committee could find no evidence on the videos replays presented that supported THE GOVERNATOR was proving difficult to ride and prevent Miss Morgan from continuing to ride the horse out to the line. We also could find no video evidence that supported Mr Pitman’s submissions that Miss Morgan continued to urge her mount out to the line.
The Rule requires that riders ride their mounts out to the end of the race if they have a reasonable chance of it running into a stake or dividend bearing position. We find Miss Morgan failed to do so.
We therefore find the charge proved.
Submissions for Penalty:
Mr Zarb stated that Miss Morgan had a clear record in regard to this Rule. He submitted that a similar recent case at Rotorua on 8 November 2013 where a Northern apprentice rider had failed to ride out in regard to 4th place was given a 6 day penalty. Taking that into consideration and the fact that Miss Morgan was predominately a South Island rider, Mr Zarb submitted that a suspension of 3 to 5 days be considered as penalty in this case.
Mr Pitman submitted that due to the length of suspension to be imposed on top of the 3 day suspension Miss Morgan had already received this day he wanted to make application to seek a deferment of penalty. He also submitted that over the coming week there would be a shortage of riders especially this coming Saturday 12 April as there were 3 galloping meetings in the country on that day. Mr Pitman was reminded that the matter of deferment was dealt with at the previous hearing where it was decided, after some discussion, that Miss Morgan would not seek a deferment and wished to start her suspension immediately. Both Mr Pitman and Miss Morgan were informed that any further suspension would begin immediately after the first period of suspension.
Reasons for Penalty:
In determining penalty the Committee took into consideration Miss Morgan’s clear penalty record and the fact that she is predominately a South Island rider. The Committee also took into consideration that the breach was in regard to 4th placing with stakes payable and First 4 punters affected. The owners of THE GOVERNATOR having been denied the opportunity to gain a higher stake and may have cost them an increased stake of $575 and the betting public who had First 4 bets on the event were denied the opportunity of a dividend.
The Committee believe this incident appears to be an error of judgement on Miss Morgan's part and determine that a term of suspension at the lower end of the range submitted by Mr Zarb to be an appropriate penalty. We therefore determined that a 3 day suspension be imposed.
JCA Decision Fields (raw)
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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: 18b9763912d153c6f8dc7b3367b2ff14
informantnumber: A6230
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 636(1)(d)
plea: denied
penaltyrequired: 1
decisiondate: 07/04/2014
hearing_title: Canterbury R 5 April 2014 - R 4
charge:
facts:
Following the running of Race 4, the PGG Wrightson Seeds Open Sprint, an Information was filed by Stipendiary Steward, Mr M Zarb, against Class B Apprentice rider Miss A Morgan , the rider of THE GOVERNATOR, alleging Miss Morgan failed to ride her horse out to the finish when there was a reasonable chance of it finishing in 4th place for which there was a stake payable and a dividend to be declared.
Rule 636(1)(d) reads as follows:
“(1) A Person:
(c) being the rider of a horse in a race, must ride his horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.”
Miss Morgan had indicated on the Information that this breach of the Rules was not admitted and she confirmed this at the hearing. Miss Morgan also agreed that she understood the charge and the rule it was brought under. Miss Morgan was assisted at the hearing by her employer Mr M Pitman.
appealdecision:
isappeal:
submissionsfordecision:
Mr Zarb gave evidence and used video coverage to show that THE GOVERNATOR, ridden by Miss Morgan, finished 5th in the race, beaten by GIRL OF MY DREAMS, by the official margin of a nose. The Stewards, he said, alleged that Miss Morgan failed to ride her horse out over the final 15 to 20 metres of the race when there was a reasonable chance of it finishing in 4th place. He pointed out THE GOVERNATOR racing on the fence with GIRL OF MY DREAMS in the 4 wide position near the 50 metres. He stated that at the 25m THE GOVERNATOR, was still a neck to a head in front of GIRL OF MY DREAMS, and at the 15 to 20m she “sat up” and was beaten at the line by a nose. He pointed out, on the lateral video view, Miss Morgan who went from the low position pushing out THE GOVERNATOR to sitting up with approximately 15m to go. He said there was nothing preventing her from continuing to ride the horse out to the end of the race. Of note he said that the rider on GIRL OF MY DREAMS pushed on two to three more times prior to the post after Miss Morgan stopped riding her horse out. The head on video replay clearly showed, he said, that there was nothing to prevent her riding her horse out to the end of the race. He estimated that Miss Morgan had stopped riding her horse out approximately 2 to 2 ½ strides from the post.
Mr Pitman in defence showed all views of the alleged incident including the back straight view of the final stages of the race and submitted that this view clearly showed that Miss Morgan continued to push her horse out to the post. He stated that THE GOVERNATOR was lugging and that Miss Morgan was still pushing with her left hand to the post. Mr Pitman showed the head on video replay of the incident and believed that view also supported his submission that Miss Morgan pushed her horse out to the line. Miss Morgan stated that she was just trying to straighten her horse to angle down to the inside of the horse ahead over the concluding 15-20 metres. Miss Morgan stated she was smacking the horse with the whip and trying to hold him as well as push him out. She also stated that she changes her body position on the horse when she changes from using the whip to pushing out in a finish.
Mr Zarb responded to Mr Pitman’s statement by stating that the Stewards could see no evidence of THE GOVERNATOR hanging, lugging or doing anything that would have prevented Miss Morgan continuing to ride the horse out to the end of the race.
reasonsfordecision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee found the video evidence compelling and were satisfied that Miss Morgan when riding THE GOVERNATOR relaxed her ride and stopped riding her horse out approximately 15m or 2-3 strides from the post. It was clear on the lateral view video of the incident that Miss Morgan was pushing her horse out until near the 15m and then sat up, stopped pushing, relaxed her ride and was beaten on the line by GIRL OF MY DREAMS by a nose. The Committee were satisfied that THE GOVERNATOR was a neck to a head in advance of GIRL OF MY DREAMS at the 25m and when Miss Morgan stopped riding there was a reasonable chance of her horse holding 4th placing. With the official margin between 4th and 5th being a nose, we were satisfied that Miss Morgan had a reasonable chance of holding or running into 4th position for which there was a higher stake and dividend payable.
The Committee could find no evidence on the videos replays presented that supported THE GOVERNATOR was proving difficult to ride and prevent Miss Morgan from continuing to ride the horse out to the line. We also could find no video evidence that supported Mr Pitman’s submissions that Miss Morgan continued to urge her mount out to the line.
The Rule requires that riders ride their mounts out to the end of the race if they have a reasonable chance of it running into a stake or dividend bearing position. We find Miss Morgan failed to do so.
We therefore find the charge proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Zarb stated that Miss Morgan had a clear record in regard to this Rule. He submitted that a similar recent case at Rotorua on 8 November 2013 where a Northern apprentice rider had failed to ride out in regard to 4th place was given a 6 day penalty. Taking that into consideration and the fact that Miss Morgan was predominately a South Island rider, Mr Zarb submitted that a suspension of 3 to 5 days be considered as penalty in this case.
Mr Pitman submitted that due to the length of suspension to be imposed on top of the 3 day suspension Miss Morgan had already received this day he wanted to make application to seek a deferment of penalty. He also submitted that over the coming week there would be a shortage of riders especially this coming Saturday 12 April as there were 3 galloping meetings in the country on that day. Mr Pitman was reminded that the matter of deferment was dealt with at the previous hearing where it was decided, after some discussion, that Miss Morgan would not seek a deferment and wished to start her suspension immediately. Both Mr Pitman and Miss Morgan were informed that any further suspension would begin immediately after the first period of suspension.
reasonsforpenalty:
In determining penalty the Committee took into consideration Miss Morgan’s clear penalty record and the fact that she is predominately a South Island rider. The Committee also took into consideration that the breach was in regard to 4th placing with stakes payable and First 4 punters affected. The owners of THE GOVERNATOR having been denied the opportunity to gain a higher stake and may have cost them an increased stake of $575 and the betting public who had First 4 bets on the event were denied the opportunity of a dividend.
The Committee believe this incident appears to be an error of judgement on Miss Morgan's part and determine that a term of suspension at the lower end of the range submitted by Mr Zarb to be an appropriate penalty. We therefore determined that a 3 day suspension be imposed.
penalty:
Miss Morgan's licence to ride was suspended from 18 April to conclusion of racing on 24 April 2014 inclusive. The term of suspension encompasses the meetings at Riverton on 19 April, Riverton on 21 April and Blenheim on 24 April.
hearing_type: Hearing
Rules: 636(1)(d)
Informant: Mr M Zarb - Stipendiary Steward
JockeysandTrainer: Miss A Morgan - Class B Licensed Apprentice Jockey
Otherperson: Mr M Pitman - Assisting Miss Morgan
PersonPresent:
Respondent:
StipendSteward:
raceid: 3b01f8f8ef127401532d4e0d6e1eb0bb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3561f415044d68ff231c23887c20fd96
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2014
meet_title: Canterbury Racing - 5 April 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing