Archive Decision

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Avondale JC 25 April 2018 – R 4 – Chair, Mr G Jones

ID: JCA11270

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr M Du Plessis - Licensed Jockey, rider of MARCIANO

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A10385

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
R 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 25 April 2018

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2018/04/25

Race Number:
R4

Decision:

As Mr Du Plessis admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Mr Du Plessis’ suspension pursuant to Rule 1106(2).

Accordingly, Mr Du Plessis had his license to ride in races suspended for a period to commence after racing on 29 April and conclude after racing on 5 May 2018.

29 April race meeting at Blenheim was not included in the penalty because the declaration of riders had closed.

Facts:

Following the running of race 4, the Sunday Markets AJC Governor Generals Cup, an Information was filed pursuant to Rule 638 (1)(d).The Informant, Mr Williamson, alleged that Mr Du Plessis allowed his mount MARCIANO to shift in when not sufficiently clear of BELLA COURT which was checked approaching the 1500 metres.

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

Mr Du Plessis acknowledged that he understood the Rule and confirmed that he admitted the breach.

Using the available video footage, Mr Jones demonstrated the incident. He identified that Mr Du Plessis allowed his mount to shift in approaching the 1500 metres when 1 length clear of BELLA COURT. He said that Miss Collett, the rider of BELLA COURT, had to check her mount for 2 to 3 strides.

Mr Du Plessis told the Committee that he thought he had cleared BELLA COURT when he allowed his mount to shift in 1 horse width.

Submissions for Penalty:

Mr Williamson produced Mr Du Plessis’ record which showed no previous breach under this Rule in the last 12 months, which he described as an outstanding record. He said the racing manners of Mr Du Plessis' mount were “not the best” and the carelessness was low level and submitted a suspension commensurate with a very low end breach.

Mr Du Plessis advised that he had engagements in Brisbane on 28 April and any proposed suspension could start after that date. He submitted that whilst acknowledging the breach, it was at the low end of carelessness.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the incident it was clear that shortly after the start Mr Du Plessis permitted his mount to shift in 1 horse width when only 1 length clear of BELLA COURT. As a consequence Miss Collett steadied her mount for a few strides when she received a minor check. Despite the check BELLA COURT won the race. The Committee deemed the level of carelessness as low range and adopted 6 national riding days as the starting point.

There were no aggravating factors.

The mitigating factors were Mr Du Plessis’ admission of the breach and his exceptional record. The Committee notes that Mr Du Plessis' last breach of this Rule occurred in November 2016. NZTR records show that Mr Du Plessis had 590 rides last season and to date this season he has had 409 rides. For these combined factors we afforded Mr Du Plessis a 2 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 4 national riding days.

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: 18d7fa721ecae02651e60870a25b4e05


informantnumber: A10385


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 25/04/2018


hearing_title: Avondale JC 25 April 2018 - R 4 - Chair, Mr G Jones


charge:


facts:

Following the running of race 4, the Sunday Markets AJC Governor Generals Cup, an Information was filed pursuant to Rule 638 (1)(d).The Informant, Mr Williamson, alleged that Mr Du Plessis allowed his mount MARCIANO to shift in when not sufficiently clear of BELLA COURT which was checked approaching the 1500 metres.

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

Mr Du Plessis acknowledged that he understood the Rule and confirmed that he admitted the breach.

Using the available video footage, Mr Jones demonstrated the incident. He identified that Mr Du Plessis allowed his mount to shift in approaching the 1500 metres when 1 length clear of BELLA COURT. He said that Miss Collett, the rider of BELLA COURT, had to check her mount for 2 to 3 strides.

Mr Du Plessis told the Committee that he thought he had cleared BELLA COURT when he allowed his mount to shift in 1 horse width.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Du Plessis admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Du Plessis’ record which showed no previous breach under this Rule in the last 12 months, which he described as an outstanding record. He said the racing manners of Mr Du Plessis' mount were “not the best” and the carelessness was low level and submitted a suspension commensurate with a very low end breach.

Mr Du Plessis advised that he had engagements in Brisbane on 28 April and any proposed suspension could start after that date. He submitted that whilst acknowledging the breach, it was at the low end of carelessness.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the incident it was clear that shortly after the start Mr Du Plessis permitted his mount to shift in 1 horse width when only 1 length clear of BELLA COURT. As a consequence Miss Collett steadied her mount for a few strides when she received a minor check. Despite the check BELLA COURT won the race. The Committee deemed the level of carelessness as low range and adopted 6 national riding days as the starting point.

There were no aggravating factors.

The mitigating factors were Mr Du Plessis’ admission of the breach and his exceptional record. The Committee notes that Mr Du Plessis' last breach of this Rule occurred in November 2016. NZTR records show that Mr Du Plessis had 590 rides last season and to date this season he has had 409 rides. For these combined factors we afforded Mr Du Plessis a 2 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 4 national riding days.


penalty:

The Committee grants a deferment to Mr Du Plessis’ suspension pursuant to Rule 1106(2).

Accordingly, Mr Du Plessis had his license to ride in races suspended for a period to commence after racing on 29 April and conclude after racing on 5 May 2018.

29 April race meeting at Blenheim was not included in the penalty because the declaration of riders had closed.


hearing_type: Hearing


Rules: R 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr M Du Plessis - Licensed Jockey, rider of MARCIANO


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7f6189884700ae6f9d3d6dcc0bf9c392


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


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race_pm1:


race_pm2:


meetid: c78346f883a6966312be256640ef74b3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


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meetdate: 25/04/2018


meet_title: Avondale JC - 25 April 2018


meet_expappcomment:


meet_km:


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tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Avondale JC