Archive Decision

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Hawke’s Bay RI 5 October 2019 – R 3 – Chair, Mrs N Moffatt

ID: JCA11274

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Ms C O'Beirne - Apprentice Rider

Other Person:
Ms K Clapperton - Central Districts Apprentice Mentor, Mr D Balcombe - Stipendiary Steward

Information Number:
A11532

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 5 October 2019

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2019/10/05

Race Number:
R 3

Decision:

As Ms O’Beirne admitted the breach, it was deemed to be proved.

Penalty:

Accordingly, Ms O’Beirne’s license is suspended from the close of racing on Wednesday October 23rd up to and including racing on Saturday November 2nd 2019.

 

Facts:

Following the running of Race 3 (TUMU ITM 1200), an Information was lodged by Mr Oatham alleging a breach of Rule 638(1)(d) in that C O’Beirne angled her mount RAINBOW DUNDEE outwards near the 250m when not sufficiently clear of TIMES TICKING which was hampered having to avoid that runners heels.

At the outset of the hearing, Ms O’Beirne confirmed she understood the Rule and that she admitted the breach. She was assisted by Ms Clapperton.

The incident occurred near the 250m when Ms O’Beirne was racing back on the fence on RAINBOW DUNDEE. Suddenly she angled out sharply and took the line of Mr Riddell who was forced to take evasive action by steading to avoid heels. As a result he lost significant momentum yet his mount ran on over the final stages to get 6th. The side-on view, indicated Ms O’Beirne to be only 1 length clear of Mr Riddell when she crossed.

Ms O’Beirne said she simply erred in her judgement.

Submissions for Penalty:

Mr Oatham said Ms O’Beirne had an excellent record until today having been charged with careless riding in Race 2. The Stewards considered her level of carelessness to be reasonably high but said the degree of interference was less so. Looking at the incident in its entirety Mr Oatham said Ms O’Beirne’s culpability was, in his opinion, just above midrange.

Ms O’Beirne was invited to make submissions on penalty but declined to do so.

Reasons for Penalty:

The Committee considered all submissions. Ms O’Beirne made a very sharp and sudden outward movement resulting in her crossing Mr Riddell’s mount when only approximately 1 length clear of that runner. The interference resulted in a loss of momentum to TIMES TICKING who finished off the race well to run into 6th place. It was perhaps fortunate that Mr Riddell was an experienced rider and was able to take immediate evasive action otherwise, the consequences may have been more severe.

It was the opinion of the Committee that the incident was higher than midrange and we adopted a starting point of 9 days suspension. In mitigation, we considered Ms O’Beirne’s ready admission of the breach and notwithstanding her charge in the previous race, her record to be good.

It was our opinion that an 8-day suspension was an appropriate penalty. This is to follow on from the suspension imposed after Race 2 today.

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: 13c5332cab27d82461f4a37ed1b760b0


informantnumber: A11532


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 07/10/2019


hearing_title: Hawke's Bay RI 5 October 2019 - R 3 - Chair, Mrs N Moffatt


charge:


facts:

Following the running of Race 3 (TUMU ITM 1200), an Information was lodged by Mr Oatham alleging a breach of Rule 638(1)(d) in that C O’Beirne angled her mount RAINBOW DUNDEE outwards near the 250m when not sufficiently clear of TIMES TICKING which was hampered having to avoid that runners heels.

At the outset of the hearing, Ms O’Beirne confirmed she understood the Rule and that she admitted the breach. She was assisted by Ms Clapperton.

The incident occurred near the 250m when Ms O’Beirne was racing back on the fence on RAINBOW DUNDEE. Suddenly she angled out sharply and took the line of Mr Riddell who was forced to take evasive action by steading to avoid heels. As a result he lost significant momentum yet his mount ran on over the final stages to get 6th. The side-on view, indicated Ms O’Beirne to be only 1 length clear of Mr Riddell when she crossed.

Ms O’Beirne said she simply erred in her judgement.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms O’Beirne admitted the breach, it was deemed to be proved.


sumissionsforpenalty:

Mr Oatham said Ms O’Beirne had an excellent record until today having been charged with careless riding in Race 2. The Stewards considered her level of carelessness to be reasonably high but said the degree of interference was less so. Looking at the incident in its entirety Mr Oatham said Ms O’Beirne’s culpability was, in his opinion, just above midrange.

Ms O’Beirne was invited to make submissions on penalty but declined to do so.


reasonsforpenalty:

The Committee considered all submissions. Ms O’Beirne made a very sharp and sudden outward movement resulting in her crossing Mr Riddell’s mount when only approximately 1 length clear of that runner. The interference resulted in a loss of momentum to TIMES TICKING who finished off the race well to run into 6th place. It was perhaps fortunate that Mr Riddell was an experienced rider and was able to take immediate evasive action otherwise, the consequences may have been more severe.

It was the opinion of the Committee that the incident was higher than midrange and we adopted a starting point of 9 days suspension. In mitigation, we considered Ms O’Beirne’s ready admission of the breach and notwithstanding her charge in the previous race, her record to be good.

It was our opinion that an 8-day suspension was an appropriate penalty. This is to follow on from the suspension imposed after Race 2 today.


penalty:

Accordingly, Ms O’Beirne’s license is suspended from the close of racing on Wednesday October 23rd up to and including racing on Saturday November 2nd 2019.

 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Ms C O'Beirne - Apprentice Rider


Otherperson: Ms K Clapperton - Central Districts Apprentice Mentor, Mr D Balcombe - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 0c5cf759e602773793ca351009acb175


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


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meetid: d02c4d82dfe3cdd32d1da6859395f895


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meetdate: 05/10/2019


meet_title: Hawkes Bay RI - 5 October 2019


meet_expappcomment:


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tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: NMcCutcheon


meet_pm2: none


name: Hawkes Bay RI