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Wanganui JC 19 September 2019 – R 4 – Chair, Mr T Utikere

ID: JCA11425

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Mrs L Allpress - Licensed Rider

Other Person:
Mr N Goodwin - Stipendiary Steward

Information Number:
A11625

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 19 September 2019

Meet Chair:
TUtikere

Meet Committee Member 1:
NMoffatt

Race Date:
2019/09/19

Race Number:
R4

Decision:

As the charge was admitted, the Committee deemed the charge proved.

Penalty:

Mrs Allpress is suspended from the close of racing on Saturday 21 September, until the close of racing on Friday 4 October 2019. In reaching this penalty, the Committee noted that Declarations for Counties on 22 September had already closed, and that Mrs Allpress was not eligible to ride at the Te Aroha Meeting on 29 September.

Facts:

Following the running of Race 4 (WANGANUI GREYHOUND RACING CLUB MDN 1200m), Information A11625 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Rider Mrs L Allpress. The Information alleged that: ”...L Allpress (NUBIAN SMILE) allowed her mount to shift inwards in the back straight when not clear of CAPITAL GAINS, QUEEN KAMADA, LOVE POTION, ATLANTIC FLYER and EMPOWER”.

Rule 638(1)(d) states:

“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”

Mrs Allpress confirmed to the committee that she understood Rule 638(1)(d), and that she did admit the breach.

Using the head-on film, Mr Goodwin identified Mrs Allpress on NUBIAN SMILE racing wider on the track some 200 metres after the start. To her inside was Ms Myers (CAPITAL GAINS), to her inside was Mr Singh (QUEEN KAMADA) and Mr Elliot (LOVE POTION) to his inside. Positioned closest to the rail was Ms Hemi (ATLANTIC FLYER) with Ms Andrew (EMPOWER) positioned between her and Mr Elliot.

Mrs Allpress was observed to have sought a run closer to the rail, and in doing so had tightened Ms Myers who in turn caused tightening to Messrs Singh and Elliot, who was then forced into the line of Ms Hemi who had to take evasive action. Ms Andrew was checked as a result. Mr Goodwin believed that although the movement from Mrs Allpress was gradual, she was never the required distance clear of Ms Myers when shifting ground. In response to a question from the Committee, Mr Goodwin stated that when questioned, Ms Myers thought Mrs Allpress was 1 ½ Lengths clear; the stipendiary stewards placed the distance somewhere between 1 and 1 ½ Lengths.

Mrs Allpress said that she had no intention to cause a check and she presumed that she was clear at the time. She had been comfortably in the three-wide position and that there had been no calling out. Once the interference had occurred, she pointed out on the films that she had then come out a bit. On the side-on film she pointed out that she had been riding forward and that Mr Bradley, who was racing slightly ahead of her, had taken a hold and that initially she had thought he was responsible for what happened, but that was not the case.

Submissions for Penalty:

Mr Balcombe identified four previous breaches within a 12 month period. Cambridge, 27 April - 10 days suspension; Woodville, 17 March - 6 days suspension; Riccarton, 9 February - 5 days suspension; Auckland, 6 November - 5 days suspension. He stated that Mrs Allpress was a busy rider who had 830 rides over the 12 months, with more than 250 rides since her last suspension some five months ago. In such circumstances he submitted that her record was neutral. The stewards also submitted the carelessness to sit within the mid-range and sought a period of suspension.

Mrs Allpress confirmed that she was a very busy rider, and that it had been some time since her last suspension. She believed that having more than 250 rides since that suspension equated to a good record, and that this was a simple misdemeanour. She agreed that the level of carelessness was within the mid-range but that it was also a Maiden 1200, which meant that green horses were running erratically, along with some inexperienced riders in the race as well. Mrs Allpress advised that any suspension could commence after racing at Hawke’s Bay on Saturday 21 September.

Reasons for Penalty:

The Committee considered all of the submissions placed before it. Mrs Allpress came from a position much wider on the track, seeking to obtain a position closer to the running rail. The head-on film establishes that Mrs Allpress turned her head inwards to check on her movement relative to other runners some 5 to 6 strides immediately prior to her carelessness, so she was aware of her surrounds. In shifting ground, it is clear from the side-on view that she had been 1 ½ Lengths, rather than the required 2 Lengths clear of Ms Myers. This movement, whilst gradual, did result in a consequential impact upon a number of runners positioned to her inside, with the most significant impact upon Ms Andrew who was required to check. This does not mean the incident could simply be described as a misdemeanour as Mrs Allpress has suggested. The action she had taken once the interference had already taken place was also too late. The Committee independently place the carelessness within the mid-range and adopt the JCA Penalty Guide starting point of an 8 days period of suspension. There are no aggravating features to warrant an uplift. In mitigation the Committee applies her early admission of the breach and her record. The Committee views her record as a good one, not neutral as submitted by the stewards, due to her having more than 250 rides since her last suspension. The end result will be a seven days period of 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: 1e9d61dfa62c69e7180e69c8ff5e7b9f


informantnumber: A11625


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 19/09/2019


hearing_title: Wanganui JC 19 September 2019 - R 4 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 4 (WANGANUI GREYHOUND RACING CLUB MDN 1200m), Information A11625 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Rider Mrs L Allpress. The Information alleged that: ”...L Allpress (NUBIAN SMILE) allowed her mount to shift inwards in the back straight when not clear of CAPITAL GAINS, QUEEN KAMADA, LOVE POTION, ATLANTIC FLYER and EMPOWER”.

Rule 638(1)(d) states:

“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”

Mrs Allpress confirmed to the committee that she understood Rule 638(1)(d), and that she did admit the breach.

Using the head-on film, Mr Goodwin identified Mrs Allpress on NUBIAN SMILE racing wider on the track some 200 metres after the start. To her inside was Ms Myers (CAPITAL GAINS), to her inside was Mr Singh (QUEEN KAMADA) and Mr Elliot (LOVE POTION) to his inside. Positioned closest to the rail was Ms Hemi (ATLANTIC FLYER) with Ms Andrew (EMPOWER) positioned between her and Mr Elliot.

Mrs Allpress was observed to have sought a run closer to the rail, and in doing so had tightened Ms Myers who in turn caused tightening to Messrs Singh and Elliot, who was then forced into the line of Ms Hemi who had to take evasive action. Ms Andrew was checked as a result. Mr Goodwin believed that although the movement from Mrs Allpress was gradual, she was never the required distance clear of Ms Myers when shifting ground. In response to a question from the Committee, Mr Goodwin stated that when questioned, Ms Myers thought Mrs Allpress was 1 ½ Lengths clear; the stipendiary stewards placed the distance somewhere between 1 and 1 ½ Lengths.

Mrs Allpress said that she had no intention to cause a check and she presumed that she was clear at the time. She had been comfortably in the three-wide position and that there had been no calling out. Once the interference had occurred, she pointed out on the films that she had then come out a bit. On the side-on film she pointed out that she had been riding forward and that Mr Bradley, who was racing slightly ahead of her, had taken a hold and that initially she had thought he was responsible for what happened, but that was not the case.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the Committee deemed the charge proved.


sumissionsforpenalty:

Mr Balcombe identified four previous breaches within a 12 month period. Cambridge, 27 April - 10 days suspension; Woodville, 17 March - 6 days suspension; Riccarton, 9 February - 5 days suspension; Auckland, 6 November - 5 days suspension. He stated that Mrs Allpress was a busy rider who had 830 rides over the 12 months, with more than 250 rides since her last suspension some five months ago. In such circumstances he submitted that her record was neutral. The stewards also submitted the carelessness to sit within the mid-range and sought a period of suspension.

Mrs Allpress confirmed that she was a very busy rider, and that it had been some time since her last suspension. She believed that having more than 250 rides since that suspension equated to a good record, and that this was a simple misdemeanour. She agreed that the level of carelessness was within the mid-range but that it was also a Maiden 1200, which meant that green horses were running erratically, along with some inexperienced riders in the race as well. Mrs Allpress advised that any suspension could commence after racing at Hawke’s Bay on Saturday 21 September.


reasonsforpenalty:

The Committee considered all of the submissions placed before it. Mrs Allpress came from a position much wider on the track, seeking to obtain a position closer to the running rail. The head-on film establishes that Mrs Allpress turned her head inwards to check on her movement relative to other runners some 5 to 6 strides immediately prior to her carelessness, so she was aware of her surrounds. In shifting ground, it is clear from the side-on view that she had been 1 ½ Lengths, rather than the required 2 Lengths clear of Ms Myers. This movement, whilst gradual, did result in a consequential impact upon a number of runners positioned to her inside, with the most significant impact upon Ms Andrew who was required to check. This does not mean the incident could simply be described as a misdemeanour as Mrs Allpress has suggested. The action she had taken once the interference had already taken place was also too late. The Committee independently place the carelessness within the mid-range and adopt the JCA Penalty Guide starting point of an 8 days period of suspension. There are no aggravating features to warrant an uplift. In mitigation the Committee applies her early admission of the breach and her record. The Committee views her record as a good one, not neutral as submitted by the stewards, due to her having more than 250 rides since her last suspension. The end result will be a seven days period of suspension.


penalty:

Mrs Allpress is suspended from the close of racing on Saturday 21 September, until the close of racing on Friday 4 October 2019. In reaching this penalty, the Committee noted that Declarations for Counties on 22 September had already closed, and that Mrs Allpress was not eligible to ride at the Te Aroha Meeting on 29 September.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Mrs L Allpress - Licensed Rider


Otherperson: Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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meetdate: 19/09/2019


meet_title: Wanganui JC - 19 September 2019


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