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Taranaki TR 17 January 2013 – R 2

ID: JCA11130

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr D Turner - Apprentice Rider

Other Person:
Mr L Molloy - Licensed Trainer assisting Mr Turner, Mr M Barnsley - present for the decision

Information Number:
A4052

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taranaki RC - 17 January 2013

Meet Chair:
ISmith

Meet Committee Member 1:
PWilliams

Race Date:
2013/01/17

Race Number:
R 2

Decision:

As Mr Turner has admitted the breach the committee find the charge proved.

Penalty:

Mr Turner is suspended from the close of racing on Wednesday 23 January 2013 up to and including Wednesday 13 February 2013 (3 weeks, which equates to 12 North Island riding days).

Charge:

Carless Riding.

Facts:

The stewards allege Mr D Turner committed a breach of rule 638(1)(d) in that he allowed his mount "Girl of my Dreams" to shift inwards near the 800 metres dictating "Fergalicious" (A Forbes) inwards into the line of "The Alcippe" (S Shirahama) which was tightened and dislodged its rider. Rule 638(1)(d) was read and confirmed as understood.

Mr Goodwin identified on the films available the parties concerned at the 800 metres. On the fence was "The Alcippe’ (S Shirahama). To his outside was "Fergalicious" (A Forbes) and out further about four horse widths off the rail "Girl of my Dreams" (D Turner).

Mr Goodwin said Mr Turner can be seen making a gradual movement across towards the rail and looking in on at least three separate occasions. He said at the beginning of the top bend Mr Turner is still moving inwards and at that point dictates Mr Forbes into the path of Mr Shirahama who runs out of room, blunders and as a result is dislodged. Mr Goodwin said he had spoken to Mr Forbes who had told him he was aware Mr Turner was attempting a move inwards, had called to him several times and that he could not relieve the pressure into Mr Shirahama because of Mr Turner’s inward movement.

In Mr Turner’s defence Mr Goodwin said it was not a sudden movement, it was gradual, however the end result has been Mr Shirahama has been dislodged from his mount caused by the inwards movement by Mr Turner.

In reply to a question from the committee Mr Turner said he did not hear any call at all from anyone.

Mr Molloy, on behalf of Mr Turner, stated there was clearly some culpability here and they accepted Mr Turner had been careless but there were mitigating circumstances. He said today was a day for Apprentice Riders only and this race was for a two year old maiden horses. He said "The Alcippe" had a history of racing in a green fashion and was not easy to ride. He said the films showed it is racing with its head on the left side and being difficult to manage. He said the greenness of "The Alcippe" clearly contributed to its own demise down on the inside of A Forbes and there was no intent by Mr Turner to cause any interference to either Mr Forbes or Mr Shirahama.

Submissions for Penalty:

Mr Goodwin stated this was Mr Turner’s first charge under this rule. However, on this occasion a rider has been dislodged. He said the normal penalty for a rider charged when a rider has been dislodged is one month. He also said there were some mitigating circumstances as Mr Shirahama’s mount was going keenly at the time of the incident and also that at the 800 metre point it has never been easy for riders racing into this bend. The onus, however, was for all riders to keep their lines.

Mr Molloy said he understood the standard penalty for this type of offence is one month but a guilty plea is worth a one week reduction in penalty and a further week’s relief was justified there was no good head on camera angle to show clearly and conclusively how much "Girl of my Dreams" actually changed ground. He also repeated the mitigating factors he stated earlier.

Mr Molloy informed the committee when questioned as to Mr Turner’s riding commitments that they sought leave to have any suspension to commence after racing on Wednesday 23 January 2013.

Reasons for Penalty:

In reaching a decision on penalty the committee have carefully considered all the evidence presented. With a starting point of one month’s suspension, the committee have taken into consideration that Mr Turner has admitted the breach at the earliest possible opportunity and this is his first breach of this rule. Having reviewed all the films, we note the head-on film is particularly helpful. The gradual movement is over approximately 50 to 80 metres. Mr Turner is looking around in the early stages of his movement but did not look inwards when approaching the 800m point. Mr Turner’s horse was running kindly as was Mr Forbes. Whilst Mr Shirahama’s horse was going keenly he was only dislodged following Mr Forbes’ moving in onto him as a result of being crowded by Mr Turner. Mr Forbes did call out but unfortunately Mr Turner did not hear him. 

The committee have reviewed penalties back to April 2011 to assist in consistency and believe a period of suspension is warranted.

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: 149f2349410bf5d96a00265de6357ee8


informantnumber: A4052


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Taranaki TR 17 January 2013 - R 2


charge:

Carless Riding.


facts:

The stewards allege Mr D Turner committed a breach of rule 638(1)(d) in that he allowed his mount "Girl of my Dreams" to shift inwards near the 800 metres dictating "Fergalicious" (A Forbes) inwards into the line of "The Alcippe" (S Shirahama) which was tightened and dislodged its rider. Rule 638(1)(d) was read and confirmed as understood.

Mr Goodwin identified on the films available the parties concerned at the 800 metres. On the fence was "The Alcippe’ (S Shirahama). To his outside was "Fergalicious" (A Forbes) and out further about four horse widths off the rail "Girl of my Dreams" (D Turner).

Mr Goodwin said Mr Turner can be seen making a gradual movement across towards the rail and looking in on at least three separate occasions. He said at the beginning of the top bend Mr Turner is still moving inwards and at that point dictates Mr Forbes into the path of Mr Shirahama who runs out of room, blunders and as a result is dislodged. Mr Goodwin said he had spoken to Mr Forbes who had told him he was aware Mr Turner was attempting a move inwards, had called to him several times and that he could not relieve the pressure into Mr Shirahama because of Mr Turner’s inward movement.

In Mr Turner’s defence Mr Goodwin said it was not a sudden movement, it was gradual, however the end result has been Mr Shirahama has been dislodged from his mount caused by the inwards movement by Mr Turner.

In reply to a question from the committee Mr Turner said he did not hear any call at all from anyone.

Mr Molloy, on behalf of Mr Turner, stated there was clearly some culpability here and they accepted Mr Turner had been careless but there were mitigating circumstances. He said today was a day for Apprentice Riders only and this race was for a two year old maiden horses. He said "The Alcippe" had a history of racing in a green fashion and was not easy to ride. He said the films showed it is racing with its head on the left side and being difficult to manage. He said the greenness of "The Alcippe" clearly contributed to its own demise down on the inside of A Forbes and there was no intent by Mr Turner to cause any interference to either Mr Forbes or Mr Shirahama.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Turner has admitted the breach the committee find the charge proved.


sumissionsforpenalty:

Mr Goodwin stated this was Mr Turner’s first charge under this rule. However, on this occasion a rider has been dislodged. He said the normal penalty for a rider charged when a rider has been dislodged is one month. He also said there were some mitigating circumstances as Mr Shirahama’s mount was going keenly at the time of the incident and also that at the 800 metre point it has never been easy for riders racing into this bend. The onus, however, was for all riders to keep their lines.

Mr Molloy said he understood the standard penalty for this type of offence is one month but a guilty plea is worth a one week reduction in penalty and a further week’s relief was justified there was no good head on camera angle to show clearly and conclusively how much "Girl of my Dreams" actually changed ground. He also repeated the mitigating factors he stated earlier.

Mr Molloy informed the committee when questioned as to Mr Turner’s riding commitments that they sought leave to have any suspension to commence after racing on Wednesday 23 January 2013.


reasonsforpenalty:

In reaching a decision on penalty the committee have carefully considered all the evidence presented. With a starting point of one month’s suspension, the committee have taken into consideration that Mr Turner has admitted the breach at the earliest possible opportunity and this is his first breach of this rule. Having reviewed all the films, we note the head-on film is particularly helpful. The gradual movement is over approximately 50 to 80 metres. Mr Turner is looking around in the early stages of his movement but did not look inwards when approaching the 800m point. Mr Turner’s horse was running kindly as was Mr Forbes. Whilst Mr Shirahama’s horse was going keenly he was only dislodged following Mr Forbes’ moving in onto him as a result of being crowded by Mr Turner. Mr Forbes did call out but unfortunately Mr Turner did not hear him. 

The committee have reviewed penalties back to April 2011 to assist in consistency and believe a period of suspension is warranted.


penalty:

Mr Turner is suspended from the close of racing on Wednesday 23 January 2013 up to and including Wednesday 13 February 2013 (3 weeks, which equates to 12 North Island riding days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr D Turner - Apprentice Rider


Otherperson: Mr L Molloy - Licensed Trainer assisting Mr Turner, Mr M Barnsley - present for the decision


PersonPresent:


Respondent:


StipendSteward:


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race_title: R 2


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meetdate: 17/01/2013


meet_title: Taranaki RC - 17 January 2013


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meet_racingtype: thoroughbred-racing


meet_chair: ISmith


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name: Taranaki RC