Archive Decision

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R Rotorua 27 December 2014 – R 2

ID: JCA11052

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr J Oliver - Licensed Apprentice Jockey rider of WATTLE BAY

Other Person:
Mr B McKeagg - Trainer assisting Mr Oliver, Mr J Oatham - Senior Stipendiary Steward

Information Number:
A4563

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 27 December 2014

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2014/12/27

Race Number:
R2

Decision:

As Mr Oliver admitted the breach we find the charge proved.

Penalty:

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

Accordingly, Mr Oliver had his license to ride in races suspended for a period to commence after racing on 30 December and conclude after racing on 5 January 2015 (5 North Island days).

Facts:

Following the running of race 2, Iles Casey Chartered Accountants 1950, an Information was filed pursuant to Rule 638(1)(d).  The Informant, Mr Jones, alleged that WATTLE BAY shifted out passing the 200 metres when not sufficiently clear of SOPHISTICATE which was checked.

Mr Oliver acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr McKeagg assisted his apprentice Mr Oliver at the hearing.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Oatham identified on the video films that near the 200 metres Mr Oliver angled his mount across the heels of HIACE. In doing so he shifted out 2 horse widths and continued to ride his mount forward. He said Mr Oliver was only ¾ of a length clear which resulted in SOPHISTICATE being checked.

Mr Oliver told the Committee that he let his horse come out too far without taking a hold and correcting the outward movement.

Mr McKeagg was of the opinion WATTLE BAY appeared to lay out in the straight.

Submissions for Penalty:

Mr Jones produced Mr Oliver’s record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being in June 2014 which attracted a 6 day suspension. He assessed the level of carelessness as mid–range with Mr Oliver making an error of judgement on this occasion. He added Mr Oliver had a clear record in the last 6 months.

Mr Oliver advised that he had upcoming engagements at Taupo on 30 December, and sought a deferment to any proposed suspension.

Mr McKeagg had nothing further to add.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating fact was Mr Oliver’s admission of the breach. We assess the level of carelessness as mid–range because Mr Oliver was only ¾ of a length clear of SOPHISTICATE and he continued to ride forward when shifting ground. We assess Mr Oliver’s overall record under this Rule as average.

After taking into account all the above factors we consider an appropriate penalty is a 5 day 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: 1b551aa3d980d72702078ba27152a140


informantnumber: A4563


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 13/12/2014


hearing_title: R Rotorua 27 December 2014 - R 2


charge:


facts:

Following the running of race 2, Iles Casey Chartered Accountants 1950, an Information was filed pursuant to Rule 638(1)(d).  The Informant, Mr Jones, alleged that WATTLE BAY shifted out passing the 200 metres when not sufficiently clear of SOPHISTICATE which was checked.

Mr Oliver acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr McKeagg assisted his apprentice Mr Oliver at the hearing.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Oatham identified on the video films that near the 200 metres Mr Oliver angled his mount across the heels of HIACE. In doing so he shifted out 2 horse widths and continued to ride his mount forward. He said Mr Oliver was only ¾ of a length clear which resulted in SOPHISTICATE being checked.

Mr Oliver told the Committee that he let his horse come out too far without taking a hold and correcting the outward movement.

Mr McKeagg was of the opinion WATTLE BAY appeared to lay out in the straight.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Oliver admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Jones produced Mr Oliver’s record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being in June 2014 which attracted a 6 day suspension. He assessed the level of carelessness as mid–range with Mr Oliver making an error of judgement on this occasion. He added Mr Oliver had a clear record in the last 6 months.

Mr Oliver advised that he had upcoming engagements at Taupo on 30 December, and sought a deferment to any proposed suspension.

Mr McKeagg had nothing further to add.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating fact was Mr Oliver’s admission of the breach. We assess the level of carelessness as mid–range because Mr Oliver was only ¾ of a length clear of SOPHISTICATE and he continued to ride forward when shifting ground. We assess Mr Oliver’s overall record under this Rule as average.

After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.


penalty:

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

Accordingly, Mr Oliver had his license to ride in races suspended for a period to commence after racing on 30 December and conclude after racing on 5 January 2015 (5 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr J Oliver - Licensed Apprentice Jockey rider of WATTLE BAY


Otherperson: Mr B McKeagg - Trainer assisting Mr Oliver, Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d03b411eb6f45e6892ef626e246a2cc4


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


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meetdate: 27/12/2014


meet_title: Racing Rotorua - 27 December 2014


meet_expappcomment:


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tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


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name: Racing Rotorua