Archive Decision

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Ashburton RC 16 March 2012 – R 4

ID: JCA11623

Applicant:
Mr J M McLaughlin - Stipendiary Steward

Respondent(s):
Mr J S Bullard - Licensed Jockey

Other Person:
Mr C Y Lui - Apprentice Jockey

Information Number:
A5356

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Ashburton RC - 16 March 2012

Meet Chair:
JPhelan

Meet Committee Member 1:
GHall

Race Date:
2012/03/16

Race Number:
R 4

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing we advised the parties of our reasons (as set out above) and that Mr Bullard’s Jockey’s Licence was suspended from after the completion of racing on 18 March 2012 until after the completion of racing on 24 March 2012. This is a four day suspension – the days being Taranaki on 20 March 2012, Otago on 22 March 2012, Waipukurau on 23 March 2012, and CJC on 24 March 2012.

Charge:

Careless riding.

Facts:

Following the running of Race 4, the RD1 & Ecolab Big Day Out Rating 65, an information was filed by Stipendiary Steward Mr J. M. McLaughlin alleging a breach of Rule 638(1)(d) by Licensed Jockey Mr J. S. Bullard 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 Bullard allowed his mount to shift in near the 1300m crowding the running of ORABELLA which was checked, clipped heels, blundered and lost ground.”

Rules 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…”

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

Submissions for Decision:

Mr McLaughlin gave evidence and had Stipendiary Seward Mr Ray use video coverage to show that shortly after the start of this 1400 metre race Mr Bullard’s horse “Fast Fame” (11), which had drawn wide, was allowed to shift inwards across the field, and in doing so crowded “Orabella” (4), ridden by Apprentice Jockey Mr C. Y. Lui. As a result “Orabella” ran out of room and was restrained, resulting in it clipping heels, blundering, and losing ground.

Mr Lui gave evidence that shortly after the start he had moved forward and was on the inside of “Fast Fame”. There was then pressure from his outside by “Fast Fame” which resulted in him having to restrain his horse onto the heels of another horse. Mr Lui also said that there was no pressure from his inside, and that Mr Bullard was “not really” clear of him when he crossed.

In answer to a question Mr Lui agreed that his horse was wearing blinkers for the first time, and also confirmed that he clipped heels.

Mr Bullard gave evidence that Mr Lui’s horse had been slow away and that he believed he was clear of Mr Lui when he moved across. He also said that in his opinion Mr Lui “ran up his backside” rather than Mr Lui being squeezed for room.

We adjourned to consider our decision.
 

Reasons for Decision:

We carefully reviewed the evidence and the video coverage. We were satisfied that shortly after the start “Orabella” clipped the heels of “Fast Time”, blundered and lost ground. Mr Lui’s evidence was that he received pressure from the outside by “Fast Fame” and that this horse was “not really” clear of him at that time. Mr Lui also said that there no pressure from his inside.

Mr Bullard said that he believed that he was clear of ”Orabella” and that this horse “ran up his backside”.

We were satisfied that Mr Bullard moved inwards when “Orabella” was already established on his inside. We find that Mr Bullard made his move when not clear, and that the charge had been proved.

Submissions for Penalty:

In relation to penalty Mr McLaughlin advised that Mr Bullard had two previous breaches of this Rule in the last 12 months. It was also established that Mr Bullard is a very busy rider and that his record is very good. Mr McLaughlin made submissions that a suspension for 3 – 4 days would be appropriate in this case.

It was also established that Mr Bullard rode at meetings in the lower half of the North Island on a regular basis. Mr Bullard did not wish to defer his suspension as allowed under the Rules, but had no other submissions to make.

We adjourned to consider the matter of penalty.

Reasons for Penalty:

In considering an appropriate penalty in this case we took into account that the Stipendiary Stewards considered Mr Bullard’s riding record to be good, despite the previous breaches. We agree. We are also satisfied that this breach is at the lower end of the scale of seriousness, and that he was taken a little bit by surprise by Mr Lui’s fast forward movement.

Taking all the above matters into account we decided that a four day suspension was appropriate 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: 218e91c39c4af80017ab79277ad742dc


informantnumber: A5356


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 12/03/2012


hearing_title: Ashburton RC 16 March 2012 - R 4


charge:

Careless riding.


facts:

Following the running of Race 4, the RD1 & Ecolab Big Day Out Rating 65, an information was filed by Stipendiary Steward Mr J. M. McLaughlin alleging a breach of Rule 638(1)(d) by Licensed Jockey Mr J. S. Bullard 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 Bullard allowed his mount to shift in near the 1300m crowding the running of ORABELLA which was checked, clipped heels, blundered and lost ground.”

Rules 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…”

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


appealdecision:


isappeal:


submissionsfordecision:

Mr McLaughlin gave evidence and had Stipendiary Seward Mr Ray use video coverage to show that shortly after the start of this 1400 metre race Mr Bullard’s horse “Fast Fame” (11), which had drawn wide, was allowed to shift inwards across the field, and in doing so crowded “Orabella” (4), ridden by Apprentice Jockey Mr C. Y. Lui. As a result “Orabella” ran out of room and was restrained, resulting in it clipping heels, blundering, and losing ground.

Mr Lui gave evidence that shortly after the start he had moved forward and was on the inside of “Fast Fame”. There was then pressure from his outside by “Fast Fame” which resulted in him having to restrain his horse onto the heels of another horse. Mr Lui also said that there was no pressure from his inside, and that Mr Bullard was “not really” clear of him when he crossed.

In answer to a question Mr Lui agreed that his horse was wearing blinkers for the first time, and also confirmed that he clipped heels.

Mr Bullard gave evidence that Mr Lui’s horse had been slow away and that he believed he was clear of Mr Lui when he moved across. He also said that in his opinion Mr Lui “ran up his backside” rather than Mr Lui being squeezed for room.

We adjourned to consider our decision.
 


reasonsfordecision:

We carefully reviewed the evidence and the video coverage. We were satisfied that shortly after the start “Orabella” clipped the heels of “Fast Time”, blundered and lost ground. Mr Lui’s evidence was that he received pressure from the outside by “Fast Fame” and that this horse was “not really” clear of him at that time. Mr Lui also said that there no pressure from his inside.

Mr Bullard said that he believed that he was clear of ”Orabella” and that this horse “ran up his backside”.

We were satisfied that Mr Bullard moved inwards when “Orabella” was already established on his inside. We find that Mr Bullard made his move when not clear, and that the charge had been proved.


Decision:

The charge was found to be proved.


sumissionsforpenalty:

In relation to penalty Mr McLaughlin advised that Mr Bullard had two previous breaches of this Rule in the last 12 months. It was also established that Mr Bullard is a very busy rider and that his record is very good. Mr McLaughlin made submissions that a suspension for 3 – 4 days would be appropriate in this case.

It was also established that Mr Bullard rode at meetings in the lower half of the North Island on a regular basis. Mr Bullard did not wish to defer his suspension as allowed under the Rules, but had no other submissions to make.

We adjourned to consider the matter of penalty.


reasonsforpenalty:

In considering an appropriate penalty in this case we took into account that the Stipendiary Stewards considered Mr Bullard’s riding record to be good, despite the previous breaches. We agree. We are also satisfied that this breach is at the lower end of the scale of seriousness, and that he was taken a little bit by surprise by Mr Lui’s fast forward movement.

Taking all the above matters into account we decided that a four day suspension was appropriate in this case.


penalty:

On resuming the hearing we advised the parties of our reasons (as set out above) and that Mr Bullard’s Jockey’s Licence was suspended from after the completion of racing on 18 March 2012 until after the completion of racing on 24 March 2012. This is a four day suspension – the days being Taranaki on 20 March 2012, Otago on 22 March 2012, Waipukurau on 23 March 2012, and CJC on 24 March 2012.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J M McLaughlin - Stipendiary Steward


JockeysandTrainer: Mr J S Bullard - Licensed Jockey


Otherperson: Mr C Y Lui - Apprentice Jockey


PersonPresent:


Respondent:


StipendSteward:


raceid: ee6ed112b70a6b309586f8e84475b661


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: bdbe21809e40405d4099808828d15b58


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/03/2012


meet_title: Ashburton RC - 16 March 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: JPhelan


meet_pm1: GHall


meet_pm2: none


name: Ashburton RC