Archive Decision

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Central Otago RC 2 March 2012 – R 4

ID: JCA11727

Applicant:
M Davidson - Stipendiary Steward

Respondent(s):
K Williams - Licensed Jockey

Information Number:
A5876

Hearing Type:
Hearing

Rules:
Rule 636(1) A Person:, (c) being the rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Central Otago RC - 2 March 2012

Meet Chair:
KHales

Meet Committee Member 1:
PKnowles

Race Date:
2012/03/02

Race Number:
R4

Decision:

As Ms Williams has admitted the charge it is therefore deemed to be proved.

Penalty:

Ms Williams is fined $550.

Charge:

It was alleged that Ms Williams failed to ride her mount out to the finish of the race. Her mount "Bacio Francese" finished 5th beaten for 4th by a nose.

Facts:

At the commencement of the hearing, Ms Williams was advised by the Chairman, that as the charge was a reasonably serious charge that if she so wished, the hearing of the matter could be adjourned so that she could take advice on penalty submissions to be made. Ms Williams informed the hearing that she wished to proceed and did not require an adjournment.

The evidence which gave rise to the charge was explained to the hearing by Mr AL Ray, Stipendiary Steward, using the video coverage. In the closing stages of the race, Ms Williams on "Bacio Francese" was running in 4th place. However, approximately 2 strides from the winning post, Ms Williams stopped riding with vigour, and "stood up" in the stirrups. "Gufi" ridden by CK Lui was finishing quickly, and got up to beat "Bacio Francese" by a nose.

By way of explanation, Ms Williams admitted her actions which she described as an error of judgement on her part. She said that in her view, her mount did not have anything more to give.

Mr Davidson, Stipendiary Steward, said that "Bacio Francese" was racing greenly in the early stages of the race, which may have taken the "sting" out of it.

Submissions for Decision:

It was submitted that Ms Williams did not take all steps required of her by continuing her ride with vigour to the end of the race.

Reasons for Decision:

It was clear from the video coverage that at a crucial stage of the race, Ms Williams did not ride her mount out, in the manner required.

Submissions for Penalty:

Mr Davidson submitted that Ms Williams had an onus to keep riding out to the finish. Because she did not, she lost 4th place with the consequential loss of stake money to the connections of the horse, and with an effect on the dividend for first four placings bets. Furthermore, the horse was the favourite for the race.

Mr Davidson submitted that as Ms Williams had a good record insofar as this rule was concerned that a fine would be an appropriate penalty, but that it ought to be in the region of $400 - $500.

Ms Williams did not have any submissions to make on the matter of penalty.

Reasons for Penalty:

The Judicial Committee gave careful consideration to the question of penalty. Ms Williams made an error of judgement at a crucial stage of the race. She was beaten by a nose by a fast finishing horse. The Judicial Committee considered the penalty data base, and noted that there was no pattern to the penalties that have been imposed of recent times with regard to such a charge. Clearly, each factual situation differs, due to the position that a horse may have lost, the status of the race, and the stage at which a jockey failed to ride his mount out in the manner prescribed.

Reference was made to the Judicial Control Authority's Penalty Guide which provides for a starting point of a three week suspension. From a starting point a Judicial Committee can then work the penalty either upwards or downwards, depending on the fact situation  in the particular case before it. Thus the Judicial Committee in the present case would have been fully justified in imposing a period of suspension rather than imposing a fine as was submitted by the Stipendiary Stewards.

However, in this case the Committee has taken into account Ms Williams good record, her early admission of the charge, and Mr Davidson's submission that her horse had been racing greenly, and Ms Williams view that her horse was at that stage of the race, spent.

Thus by the narrowest of margins, a fine will be imposed. However, that fine must reflect the fact that the connections were deprived of stake money, in the sum of $175 and that the horse lost a dividend bearing position.

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: 304c86327aa438fe8fba20b944728383


informantnumber: A5876


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 28/02/2012


hearing_title: Central Otago RC 2 March 2012 - R 4


charge:

It was alleged that Ms Williams failed to ride her mount out to the finish of the race. Her mount "Bacio Francese" finished 5th beaten for 4th by a nose.


facts:

At the commencement of the hearing, Ms Williams was advised by the Chairman, that as the charge was a reasonably serious charge that if she so wished, the hearing of the matter could be adjourned so that she could take advice on penalty submissions to be made. Ms Williams informed the hearing that she wished to proceed and did not require an adjournment.

The evidence which gave rise to the charge was explained to the hearing by Mr AL Ray, Stipendiary Steward, using the video coverage. In the closing stages of the race, Ms Williams on "Bacio Francese" was running in 4th place. However, approximately 2 strides from the winning post, Ms Williams stopped riding with vigour, and "stood up" in the stirrups. "Gufi" ridden by CK Lui was finishing quickly, and got up to beat "Bacio Francese" by a nose.

By way of explanation, Ms Williams admitted her actions which she described as an error of judgement on her part. She said that in her view, her mount did not have anything more to give.

Mr Davidson, Stipendiary Steward, said that "Bacio Francese" was racing greenly in the early stages of the race, which may have taken the "sting" out of it.


appealdecision:


isappeal:


submissionsfordecision:

It was submitted that Ms Williams did not take all steps required of her by continuing her ride with vigour to the end of the race.


reasonsfordecision:

It was clear from the video coverage that at a crucial stage of the race, Ms Williams did not ride her mount out, in the manner required.


Decision:

As Ms Williams has admitted the charge it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Davidson submitted that Ms Williams had an onus to keep riding out to the finish. Because she did not, she lost 4th place with the consequential loss of stake money to the connections of the horse, and with an effect on the dividend for first four placings bets. Furthermore, the horse was the favourite for the race.

Mr Davidson submitted that as Ms Williams had a good record insofar as this rule was concerned that a fine would be an appropriate penalty, but that it ought to be in the region of $400 - $500.

Ms Williams did not have any submissions to make on the matter of penalty.


reasonsforpenalty:

The Judicial Committee gave careful consideration to the question of penalty. Ms Williams made an error of judgement at a crucial stage of the race. She was beaten by a nose by a fast finishing horse. The Judicial Committee considered the penalty data base, and noted that there was no pattern to the penalties that have been imposed of recent times with regard to such a charge. Clearly, each factual situation differs, due to the position that a horse may have lost, the status of the race, and the stage at which a jockey failed to ride his mount out in the manner prescribed.

Reference was made to the Judicial Control Authority's Penalty Guide which provides for a starting point of a three week suspension. From a starting point a Judicial Committee can then work the penalty either upwards or downwards, depending on the fact situation  in the particular case before it. Thus the Judicial Committee in the present case would have been fully justified in imposing a period of suspension rather than imposing a fine as was submitted by the Stipendiary Stewards.

However, in this case the Committee has taken into account Ms Williams good record, her early admission of the charge, and Mr Davidson's submission that her horse had been racing greenly, and Ms Williams view that her horse was at that stage of the race, spent.

Thus by the narrowest of margins, a fine will be imposed. However, that fine must reflect the fact that the connections were deprived of stake money, in the sum of $175 and that the horse lost a dividend bearing position.


penalty:

Ms Williams is fined $550.


hearing_type: Hearing


Rules: Rule 636(1) A Person:, (c) being the rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared


Informant: M Davidson - Stipendiary Steward


JockeysandTrainer: K Williams - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d1f6786e65de8be63746e2fa324cf838


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 17dcb47cc298991ffef239366b553be4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/03/2012


meet_title: Central Otago RC - 2 March 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: central-otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: PKnowles


meet_pm2: none


name: Central Otago RC