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Canterbury JC 25 May 2012 – R 8

ID: JCA11497

Applicant:
Mr A Ray - Stipendiary Steward

Respondent(s):
Mr K C Walters - Apprentice Jockey

Other Person:
Ms L Allpress - Licensed Rider, Mr C Y Lui - Apprentice Jockey, Mr M Stokes - Licensed Trainer (assisting Mr K C Walters)

Information Number:
A5654

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 25 May 2012

Meet Chair:
JMillar

Meet Committee Member 1:
KHales

Race Date:
2012/05/25

Race Number:
R 8

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing Mr Walters was advised of the penalty and my reasons. His licence would be suspended from the completion of racing at Riccarton on Friday 1st June, up until the completion of racing at Timaru on 8th June 2012. Mr Walters confines himself to riding in the South Island. The suspension includes meetings on 3rd June at Wingatui and 8th June 2012 at Timaru.

Charge:

Careless Riding.

Facts:

At the commencement of the hearing Mr Hales declared a conflict of interest and withdrew.

Following the running of Race 8, The Christchurch Casino Camla Rating 65, an information was filed by Stipendiary Steward Mr A Ray alleging a breach of Rule 638 (1) (d) by Apprentice Jockey Mr K C Walters in that he rode carelessly.

The Information reads as follows:

“I, the above named informant allege that the above named Respondent committed a breach of Rule 638 (1) (d) (in that) Mr Walters allowed his mount to shift in near the 150m causing Sometime Later across the line of Likeitlikethat which had to be checked”

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

“(1) A rider shall not ride a horse: in a manner which the Judicial Authority considers to be; (d) careless;…”

Mr Walters had indicated on the information that this breach was not admitted, and he confirmed this at the hearing. He also agreed he understood the charge and the Rule it was brought under.

Submissions for Decision:

With the assistance of the race video, Stipendiary Steward Mr McLaughlin gave evidence that at about the 150m mark Mr Walters' mount, “Night Tango” had been travelling approximately 3 wide. To his inside was “Sometime Later” which was being ridden by Mr Lui. “Likeitlikethat” being ridden by Ms Allpress was travelling to the inside of “Sometime Later” on the rails.

Both “Night Tango” and “Sometime Later” were under vigorous rides.

Mr Ray, using the race video, gave evidence that “Night Tango” had moved inwards at about the 150 metre mark, bumping “Sometime Later”. His evidence was that Mr Walters had been slow to correct the line of his horse. The resulting interference caused “Sometime Later” to take Ms Allpress’s line on the rail. As a consequence Ms Allpress was required to check her mount affecting her chances in the race.

Mr Lui gave evidence that “Sometime Later” had been scary (inclined to be wary of horses about it) in the straight. He believed this may have contributed to the extent of his horse's movement into Ms Allpress’s racing room at the time of the interference.

Mr Walters in evidence said he believed he had taken corrective action as soon as his mount had shifted ground. Mr Stokes on behalf of Mr Walters, said he believed Ms Allpress did not have a clear run on the rail prior to the incident.

Mr Ray through the use of the race video demonstrated that Mr Walters was slow in responding to his horse shifting ground. Also Ms Allpress did have a clear run on the rails prior to the interference.

I adjourned to consider my decision.

Reasons for Decision:

I carefully reviewed the evidence and took into consideration the video of the race. I was satisfied “Night Tango” (Mr Walters) had shifted ground about 150 metres from the finish of the race and bumped “Sometime Later” (Mr Lui) who was racing to his inside. As a consequence “Sometime Later” moved down into the racing room of “Likeitlikethat” (Ms Allpress) who received a significant check as a result of Ms Allpress being required to pull back from her position on the rails.

I was satisfied that immediately prior to the incident Ms Allpress had a clear run on the rails inside “Sometime Later” and was entitled to be racing where she was.

While accepting Mr Lui’s evidence of the possible contribution to the check on Ms Allpress's mount through the racing manners of his horse, I was satisfied at best that this had made the incident look more serious.

Accordingly the charge was proved.

Submissions for Penalty:

Mr Ray advised that Mr Walters had two previous breaches, one in August 2011 and one in September 2011. Taking into account the number of rides he takes his record was good. He submitted that a suspension of 2 days would be appropriate.

Mr Walters requested any suspension be deferred until after racing at Riccarton on 1st June 2012 to allow him to meet prior commitments at that meeting.

Reasons for Penalty:

I took a 5 day suspension as a starting point for a penalty in this case.

There were no aggravating factors to consider, except the perception the check to “Likeitlikethat”, caused by Mr Walters' actions, was on first impression significant and cost its opportunity in the race. However I took into account Mr Lui’s evidence concerning his mount racing greenly and may have over responded when bumped from the outside. This having contributed to the extent of the interference.

The movement of Mr Walters' mount was somewhat sudden and I accept this may have taken Mr Walters by surprise. He took early steps to straighten his horse, but as submitted by Mr Ray, too late. Taking all these matters into account, and Mr Walters' comparatively good record, I determined that a reduction to a 2 day suspension was appropriate.

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: 2948ef12e1823b55a34a1f72b1561027


informantnumber: A5654


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 24/05/2012


hearing_title: Canterbury JC 25 May 2012 - R 8


charge:

Careless Riding.


facts:

At the commencement of the hearing Mr Hales declared a conflict of interest and withdrew.

Following the running of Race 8, The Christchurch Casino Camla Rating 65, an information was filed by Stipendiary Steward Mr A Ray alleging a breach of Rule 638 (1) (d) by Apprentice Jockey Mr K C Walters in that he rode carelessly.

The Information reads as follows:

“I, the above named informant allege that the above named Respondent committed a breach of Rule 638 (1) (d) (in that) Mr Walters allowed his mount to shift in near the 150m causing Sometime Later across the line of Likeitlikethat which had to be checked”

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

“(1) A rider shall not ride a horse: in a manner which the Judicial Authority considers to be; (d) careless;…”

Mr Walters had indicated on the information that this breach was not admitted, and he confirmed this at the hearing. He also agreed he understood the charge and the Rule it was brought under.


appealdecision:


isappeal:


submissionsfordecision:

With the assistance of the race video, Stipendiary Steward Mr McLaughlin gave evidence that at about the 150m mark Mr Walters' mount, “Night Tango” had been travelling approximately 3 wide. To his inside was “Sometime Later” which was being ridden by Mr Lui. “Likeitlikethat” being ridden by Ms Allpress was travelling to the inside of “Sometime Later” on the rails.

Both “Night Tango” and “Sometime Later” were under vigorous rides.

Mr Ray, using the race video, gave evidence that “Night Tango” had moved inwards at about the 150 metre mark, bumping “Sometime Later”. His evidence was that Mr Walters had been slow to correct the line of his horse. The resulting interference caused “Sometime Later” to take Ms Allpress’s line on the rail. As a consequence Ms Allpress was required to check her mount affecting her chances in the race.

Mr Lui gave evidence that “Sometime Later” had been scary (inclined to be wary of horses about it) in the straight. He believed this may have contributed to the extent of his horse's movement into Ms Allpress’s racing room at the time of the interference.

Mr Walters in evidence said he believed he had taken corrective action as soon as his mount had shifted ground. Mr Stokes on behalf of Mr Walters, said he believed Ms Allpress did not have a clear run on the rail prior to the incident.

Mr Ray through the use of the race video demonstrated that Mr Walters was slow in responding to his horse shifting ground. Also Ms Allpress did have a clear run on the rails prior to the interference.

I adjourned to consider my decision.


reasonsfordecision:

I carefully reviewed the evidence and took into consideration the video of the race. I was satisfied “Night Tango” (Mr Walters) had shifted ground about 150 metres from the finish of the race and bumped “Sometime Later” (Mr Lui) who was racing to his inside. As a consequence “Sometime Later” moved down into the racing room of “Likeitlikethat” (Ms Allpress) who received a significant check as a result of Ms Allpress being required to pull back from her position on the rails.

I was satisfied that immediately prior to the incident Ms Allpress had a clear run on the rails inside “Sometime Later” and was entitled to be racing where she was.

While accepting Mr Lui’s evidence of the possible contribution to the check on Ms Allpress's mount through the racing manners of his horse, I was satisfied at best that this had made the incident look more serious.

Accordingly the charge was proved.


Decision:

The charge was found to be proved.


sumissionsforpenalty:

Mr Ray advised that Mr Walters had two previous breaches, one in August 2011 and one in September 2011. Taking into account the number of rides he takes his record was good. He submitted that a suspension of 2 days would be appropriate.

Mr Walters requested any suspension be deferred until after racing at Riccarton on 1st June 2012 to allow him to meet prior commitments at that meeting.


reasonsforpenalty:

I took a 5 day suspension as a starting point for a penalty in this case.

There were no aggravating factors to consider, except the perception the check to “Likeitlikethat”, caused by Mr Walters' actions, was on first impression significant and cost its opportunity in the race. However I took into account Mr Lui’s evidence concerning his mount racing greenly and may have over responded when bumped from the outside. This having contributed to the extent of the interference.

The movement of Mr Walters' mount was somewhat sudden and I accept this may have taken Mr Walters by surprise. He took early steps to straighten his horse, but as submitted by Mr Ray, too late. Taking all these matters into account, and Mr Walters' comparatively good record, I determined that a reduction to a 2 day suspension was appropriate.


penalty:

On resuming the hearing Mr Walters was advised of the penalty and my reasons. His licence would be suspended from the completion of racing at Riccarton on Friday 1st June, up until the completion of racing at Timaru on 8th June 2012. Mr Walters confines himself to riding in the South Island. The suspension includes meetings on 3rd June at Wingatui and 8th June 2012 at Timaru.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Ray - Stipendiary Steward


JockeysandTrainer: Mr K C Walters - Apprentice Jockey


Otherperson: Ms L Allpress - Licensed Rider, Mr C Y Lui - Apprentice Jockey, Mr M Stokes - Licensed Trainer (assisting Mr K C Walters)


PersonPresent:


Respondent:


StipendSteward:


raceid: 1d95a30210b824581a00fc97da85d46d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f22ff0ddc12fb4cfb8e04491f7d43d6c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/05/2012


meet_title: Canterbury Racing - 25 May 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: JMillar


meet_pm1: KHales


meet_pm2: none


name: Canterbury Racing