Archive Decision

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Canterbury R 5 August 2015 – R 2 – Chair, Mr S Ching

ID: JCA11218

Applicant:
N McIntrye- Co-Chief Stipendiary Steward

Respondent(s):
C O’Beirne-Class B Apprentice Rider

Other Person:
Mr N Harris - Apprentice Jockey Mentor

Information Number:
A3238

Hearing Type:
Hearing

New Charge:
Alleged breach of Rule 638(1)(d)-Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 5 August 2015

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2015/08/05

Race Number:
R2

Decision:

As Miss O’Beirne had admitted this breach of the Rules it was found to be proved.

Penalty:

We therefore determined that Miss O’Beirne’s Apprentice jockey's licence be suspended from the conclusion of racing on 8 August 2015 up to and including 21 August 2015. This suspension encompasses the days racing at Oamaru on 13 August and Timaru on 21 August 2015.

Facts:

Following the running of Race 2, the Classic Villa Rating 85, an Information was filed by Co-Chief Stipendiary Steward, Mr N McIntyre, against Class B Rider, Miss C O’Beirne, the rider of UPPLAND, alleging careless riding near the 300m, in that Miss O’Beirne allowed her mount to shift inwards crowding JAZZMAN, ridden by H Bennett, THE GORDONIAN, ridden by D Bothamley AND SHE’S SLINKY, ridden by J Lowry.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Miss O’Beirne had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss O’Beirne also agreed that she understood the charge and the Rule it was brought under. Miss O’Beirne was assisted at the hearing by the North Island Apprentice Jockey mentor Mr N Harris.

Mr McIntyre gave evidence and used video coverage to show that near the 300m and shortly after entering the straight, UPPLAND, ridden by Miss O’Beirne, was racing in a four wide position on the outside of JAZZMAN, THE GORDONIAN and SHE’S SLINKY. He said Miss O’Beirne began to shift inwards and crowded JAZZMAN who was forced inwards onto THE GORDONIAN and SHE’S SLINKY who both made contact. Mr McIntyre said that Miss O’Beirne put her whip away and straightened her mount relieving the pressure after the initial movement but then continued on riding her mount forward with UPPLAND continuing to shift inwards putting further pressure on the inside runners. He estimated that Miss O’Beirne had shifted 2 horse widths when shifting in. Mr McIntyre stated that Miss O’Beirne should have made a greater effort to pull her horse off the inside runners and keep it on a true line.

Miss O’Beirne stated that when she felt her horse shift inwards away from the whip she stopped riding to relieve the pressure. She also said she thought that she was clear of JAZZMAN in the secondary part of the incident. Mr Harris submitted that at least Miss O’Beirne had stopped using the whip when she realised she was initially moving in. He said that the interference would have been greater had she continued on with the whip.

Submissions for Penalty:

Mr McIntyre submitted that Miss O’Beirne had a clear record in regard to the rule and had admitted the breach at the first opportunity. He submitted that the level of carelessness was low to mid with the consequences being that three horses had been crowded in this incident. Mr McIntyre stated that the JCA Penalty Guide had a starting point of a 3 day suspension for a South Island rider for a breach of this Rule. He submitted that after taking all matters into consideration a 2 day suspension be considered as penalty in this case.

Miss O’Beirne stated that this was her first breach of the rules in her career of 12 months. She submitted that her record was good and asked for leniency with penalty.

The issue of deferment was discussed with Miss O’Beirne opting to take a deferment until Saturday 8 August as she had confirmed rides on that day.

Reasons for Penalty:

In determining penalty the Committee took into consideration Miss O’Beirne’s good penalty record and her ready admission of the breach. In taking the JCA Penalty Guide starting point of 3 days we were able to give Miss O’Beirne a discount of 1 day for her admission of the breach and good record. We therefore determined that a 2 day suspension was an appropriate penalty in this case.

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: 171c51d6d852b7e383619527f5129c2e


informantnumber: A3238


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Alleged breach of Rule 638(1)(d)-Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 09/08/2015


hearing_title: Canterbury R 5 August 2015 - R 2 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 2, the Classic Villa Rating 85, an Information was filed by Co-Chief Stipendiary Steward, Mr N McIntyre, against Class B Rider, Miss C O’Beirne, the rider of UPPLAND, alleging careless riding near the 300m, in that Miss O’Beirne allowed her mount to shift inwards crowding JAZZMAN, ridden by H Bennett, THE GORDONIAN, ridden by D Bothamley AND SHE’S SLINKY, ridden by J Lowry.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Miss O’Beirne had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss O’Beirne also agreed that she understood the charge and the Rule it was brought under. Miss O’Beirne was assisted at the hearing by the North Island Apprentice Jockey mentor Mr N Harris.

Mr McIntyre gave evidence and used video coverage to show that near the 300m and shortly after entering the straight, UPPLAND, ridden by Miss O’Beirne, was racing in a four wide position on the outside of JAZZMAN, THE GORDONIAN and SHE’S SLINKY. He said Miss O’Beirne began to shift inwards and crowded JAZZMAN who was forced inwards onto THE GORDONIAN and SHE’S SLINKY who both made contact. Mr McIntyre said that Miss O’Beirne put her whip away and straightened her mount relieving the pressure after the initial movement but then continued on riding her mount forward with UPPLAND continuing to shift inwards putting further pressure on the inside runners. He estimated that Miss O’Beirne had shifted 2 horse widths when shifting in. Mr McIntyre stated that Miss O’Beirne should have made a greater effort to pull her horse off the inside runners and keep it on a true line.

Miss O’Beirne stated that when she felt her horse shift inwards away from the whip she stopped riding to relieve the pressure. She also said she thought that she was clear of JAZZMAN in the secondary part of the incident. Mr Harris submitted that at least Miss O’Beirne had stopped using the whip when she realised she was initially moving in. He said that the interference would have been greater had she continued on with the whip.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss O’Beirne had admitted this breach of the Rules it was found to be proved.


sumissionsforpenalty:

Mr McIntyre submitted that Miss O’Beirne had a clear record in regard to the rule and had admitted the breach at the first opportunity. He submitted that the level of carelessness was low to mid with the consequences being that three horses had been crowded in this incident. Mr McIntyre stated that the JCA Penalty Guide had a starting point of a 3 day suspension for a South Island rider for a breach of this Rule. He submitted that after taking all matters into consideration a 2 day suspension be considered as penalty in this case.

Miss O’Beirne stated that this was her first breach of the rules in her career of 12 months. She submitted that her record was good and asked for leniency with penalty.

The issue of deferment was discussed with Miss O’Beirne opting to take a deferment until Saturday 8 August as she had confirmed rides on that day.


reasonsforpenalty:

In determining penalty the Committee took into consideration Miss O’Beirne’s good penalty record and her ready admission of the breach. In taking the JCA Penalty Guide starting point of 3 days we were able to give Miss O’Beirne a discount of 1 day for her admission of the breach and good record. We therefore determined that a 2 day suspension was an appropriate penalty in this case.


penalty:

We therefore determined that Miss O’Beirne’s Apprentice jockey's licence be suspended from the conclusion of racing on 8 August 2015 up to and including 21 August 2015. This suspension encompasses the days racing at Oamaru on 13 August and Timaru on 21 August 2015.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: N McIntrye- Co-Chief Stipendiary Steward


JockeysandTrainer: C O’Beirne-Class B Apprentice Rider


Otherperson: Mr N Harris - Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: dc1e67eb85c1a53c3459c71a0cbf6a82


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 09eb152029678f4cf56a4b208c8a2013


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/08/2015


meet_title: Canterbury Racing - 5 August 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Canterbury Racing