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Kumara RC 11 January 2014 – R 8

ID: JCA11771

Applicant:
Mr M Zarb - Stipendiary Steward

Respondent(s):
Mrs B Pitman - Class B Rider

Other Person:
Mr M Pitman - Licensed Trainer assisting Mrs Pitman, Miss T Direen - Class B Rider, Mr J Oatham - Senior Stipendiary Steward

Information Number:
A6215

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Kumara RC - 11 January 2014

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2014/01/11

Race Number:
R 8

Decision:

The charge was found to be proved.

Penalty:

We therefore determined that Mrs Pitman’s licence to ride be suspended from the conclusion of racing on 18 January 2014 up to and including 25 January 2014 which encompasses the days racing at Wellington on 20 January, Gore on 23 January and Canterbury on 25 January 2014.

Facts:

Following the running of Race 8, the Primepanels (NZ) Ltd Sprint, an Information was filed by Stipendiary Steward, Mr M Zarb, against Class B Rider, Mrs B Pitman, the rider of VENETIAN RAIDER alleging careless riding near the 1000m when she allowed her mount to shift inwards, when insufficiently clear, causing a check to BOWLING BOY .

Rule 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”

Mrs Pitman had indicated on the Information that this breach of the Rules was not admitted and she confirmed this at the hearing. Mrs Pitman also agreed that she understood the charge and the Rule it was brought under. As Mrs Pitman was a Class B Apprentice Rider she was assisted at the hearing by her employer, Mr M Pitman.

Submissions for Decision:

Mr Zarb gave evidence and used video coverage, with the assistance of Senior Stipendiary Steward Mr J Oatham, to show that near the 1000m and approximately 150 metres from the start, VENETIAN RAIDER, ridden by Mrs Pitman, was improving forward in an attempt to take the lead. Mr Oatham stated that VENETIAN RAIDER had drawn the outside barrier, had improved quickly over the early stages and was in the process of assuming the lead when Mrs Pitman allowed VENETIAN RAIDER to shift in when not clear of BOWLING BOY, ridden by Miss T Direen, causing that horse to check. Mr Oatham stated that Mrs Pitman was never more than a bare length ahead of BOWLING BALL throughout the movement and that was the reason Miss Direen had to check her mount off the heels of VENETIAN RAIDER. Mr Oatham stated that it was clear that Miss Direen was prepared to let Mrs Pitman improve past her to assume the lead but at no point was Mrs Pitman clear during this manoeuvre.

Miss Direen gave evidence for Mrs Pitman and stated that she had jumped well from an inside gate to be in a handy position in the early stages. She said that she saw Mrs Pitman improving on her outer and knew VENETIAN RAIDER was the speed in the race. She stated that she took a hold of her horse so that Mrs Pitman could shift across and assume the lead. Miss Direen stated that her horse “got up on the bridle” and started racing keenly as Mrs Pitman was shifting in and improving forward. In answer to a question from Mr Zarb, Miss Direen conceded that Mrs Pitman was never 2 lengths clear as required, during the manoeuvre to assume the lead. In answer to a question from the Committee Miss Direen stated that Mrs Pitman was only a length clear when crossing her.

Mr Pitman submitted that the side on film was at such an angle that it was inconclusive to say that Mrs Pitman was not clear when shifting in. He stated that the angle of the side films made the gap between the two runners look closer than it actually was and that there was ample room between VENETIAN RAIDER and BOWLING BOY during the movement. Mr Pitman submitted that the films show Miss Direen take a hold when there was plenty of room between the two horses and that it was a case where the benefit of the doubt should be exercised.

Reasons for Decision:

We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that BOWLING BOY had to check off the heels of VENETIAN RAIDER when that horse was attempting to take the lead. We were also satisfied that although Miss Direen was happy to allow Mrs Pitman to take the lead, Mrs Pitman had a duty of care and an obligation under the rules, to ensure she is the required 2 lengths clear when carrying out this manoeuvre, regardless of whether or not Miss Direen’s mount had grabbed up the bit and started racing keenly. We find the films of the incident and Miss Direen’s evidence compelling and find that Mrs Pitman was only a bare length clear of Miss Direen’s mount when crossing that horse. In crossing Miss Direen when only her own bare length clear, we find that Mrs Pitman rode carelessly and we therefore find the charge proved.

Submissions for Penalty:

Mr Zarb stated that the Stewards would consider the degree of carelessness and interference in this incident to be at the lower end of the scale. He stated that Mrs Pitman had a “near excellent record” which showed a 2 day suspension under this rule at Canterbury on 23 March 2013 being her only career suspension. He stated that Mrs Pitman had 120 rides since her last suspension with total career rides at approximately 620. Mr Zarb submitted that taking all factors into consideration that a 2 day suspension be considered as penalty.

Mr Pitman submitted that Mrs Pitman would be seeking a deferment to her penalty for one week allowing her to ride at the meetings at Hokitika on 15 January and Gore on 18 January where she had riding engagements. Mr Pitman also stated that he was intending to take a team of 6 horses to Trentham on 20 January and that Mrs Pitman was to ride at that meeting.

Mrs Pitman and Mr Pitman submitted that a minimal penalty be imposed on this occasion.

Mr Zarb submitted that the Stewards would not consider the meeting at Wellington to be relevant in regard to any suspension as Mrs Pitman was predominantly a South Island rider. However, the Committee accepted Mr Pitman’s submission that Mrs Pitman would be riding at that Wellington meeting.

Reasons for Penalty:

In determining penalty the Committee took into consideration Mrs Pitman’s very good penalty record, the fact that she is a predominantly South Island rider and the degree of carelessness and interference we determined to be low. Taking the JCA Penalty Guide recommended starting point of 5 days we were able to give a discount of 1 day for the fact that Mrs Pitman is predominantly a South Island rider and the breach being at the lower end. We were also able to give a further discount of 1 day for her very good penalty record. We therefore determined that a 3 day suspension was an appropriate penalty.

The Committee also granted a deferment of penalty for 7 days with the suspension beginning after racing on 18 January 2014.

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: 3155d71ce6f6c008b02210bf4bbe6dbc


informantnumber: A6215


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: denied


penaltyrequired: 1


decisiondate: 06/01/2014


hearing_title: Kumara RC 11 January 2014 - R 8


charge:


facts:

Following the running of Race 8, the Primepanels (NZ) Ltd Sprint, an Information was filed by Stipendiary Steward, Mr M Zarb, against Class B Rider, Mrs B Pitman, the rider of VENETIAN RAIDER alleging careless riding near the 1000m when she allowed her mount to shift inwards, when insufficiently clear, causing a check to BOWLING BOY .

Rule 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”

Mrs Pitman had indicated on the Information that this breach of the Rules was not admitted and she confirmed this at the hearing. Mrs Pitman also agreed that she understood the charge and the Rule it was brought under. As Mrs Pitman was a Class B Apprentice Rider she was assisted at the hearing by her employer, Mr M Pitman.


appealdecision:


isappeal:


submissionsfordecision:

Mr Zarb gave evidence and used video coverage, with the assistance of Senior Stipendiary Steward Mr J Oatham, to show that near the 1000m and approximately 150 metres from the start, VENETIAN RAIDER, ridden by Mrs Pitman, was improving forward in an attempt to take the lead. Mr Oatham stated that VENETIAN RAIDER had drawn the outside barrier, had improved quickly over the early stages and was in the process of assuming the lead when Mrs Pitman allowed VENETIAN RAIDER to shift in when not clear of BOWLING BOY, ridden by Miss T Direen, causing that horse to check. Mr Oatham stated that Mrs Pitman was never more than a bare length ahead of BOWLING BALL throughout the movement and that was the reason Miss Direen had to check her mount off the heels of VENETIAN RAIDER. Mr Oatham stated that it was clear that Miss Direen was prepared to let Mrs Pitman improve past her to assume the lead but at no point was Mrs Pitman clear during this manoeuvre.

Miss Direen gave evidence for Mrs Pitman and stated that she had jumped well from an inside gate to be in a handy position in the early stages. She said that she saw Mrs Pitman improving on her outer and knew VENETIAN RAIDER was the speed in the race. She stated that she took a hold of her horse so that Mrs Pitman could shift across and assume the lead. Miss Direen stated that her horse “got up on the bridle” and started racing keenly as Mrs Pitman was shifting in and improving forward. In answer to a question from Mr Zarb, Miss Direen conceded that Mrs Pitman was never 2 lengths clear as required, during the manoeuvre to assume the lead. In answer to a question from the Committee Miss Direen stated that Mrs Pitman was only a length clear when crossing her.

Mr Pitman submitted that the side on film was at such an angle that it was inconclusive to say that Mrs Pitman was not clear when shifting in. He stated that the angle of the side films made the gap between the two runners look closer than it actually was and that there was ample room between VENETIAN RAIDER and BOWLING BOY during the movement. Mr Pitman submitted that the films show Miss Direen take a hold when there was plenty of room between the two horses and that it was a case where the benefit of the doubt should be exercised.


reasonsfordecision:

We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that BOWLING BOY had to check off the heels of VENETIAN RAIDER when that horse was attempting to take the lead. We were also satisfied that although Miss Direen was happy to allow Mrs Pitman to take the lead, Mrs Pitman had a duty of care and an obligation under the rules, to ensure she is the required 2 lengths clear when carrying out this manoeuvre, regardless of whether or not Miss Direen’s mount had grabbed up the bit and started racing keenly. We find the films of the incident and Miss Direen’s evidence compelling and find that Mrs Pitman was only a bare length clear of Miss Direen’s mount when crossing that horse. In crossing Miss Direen when only her own bare length clear, we find that Mrs Pitman rode carelessly and we therefore find the charge proved.


Decision:

The charge was found to be proved.


sumissionsforpenalty:

Mr Zarb stated that the Stewards would consider the degree of carelessness and interference in this incident to be at the lower end of the scale. He stated that Mrs Pitman had a “near excellent record” which showed a 2 day suspension under this rule at Canterbury on 23 March 2013 being her only career suspension. He stated that Mrs Pitman had 120 rides since her last suspension with total career rides at approximately 620. Mr Zarb submitted that taking all factors into consideration that a 2 day suspension be considered as penalty.

Mr Pitman submitted that Mrs Pitman would be seeking a deferment to her penalty for one week allowing her to ride at the meetings at Hokitika on 15 January and Gore on 18 January where she had riding engagements. Mr Pitman also stated that he was intending to take a team of 6 horses to Trentham on 20 January and that Mrs Pitman was to ride at that meeting.

Mrs Pitman and Mr Pitman submitted that a minimal penalty be imposed on this occasion.

Mr Zarb submitted that the Stewards would not consider the meeting at Wellington to be relevant in regard to any suspension as Mrs Pitman was predominantly a South Island rider. However, the Committee accepted Mr Pitman’s submission that Mrs Pitman would be riding at that Wellington meeting.


reasonsforpenalty:

In determining penalty the Committee took into consideration Mrs Pitman’s very good penalty record, the fact that she is a predominantly South Island rider and the degree of carelessness and interference we determined to be low. Taking the JCA Penalty Guide recommended starting point of 5 days we were able to give a discount of 1 day for the fact that Mrs Pitman is predominantly a South Island rider and the breach being at the lower end. We were also able to give a further discount of 1 day for her very good penalty record. We therefore determined that a 3 day suspension was an appropriate penalty.

The Committee also granted a deferment of penalty for 7 days with the suspension beginning after racing on 18 January 2014.


penalty:

We therefore determined that Mrs Pitman’s licence to ride be suspended from the conclusion of racing on 18 January 2014 up to and including 25 January 2014 which encompasses the days racing at Wellington on 20 January, Gore on 23 January and Canterbury on 25 January 2014.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Zarb - Stipendiary Steward


JockeysandTrainer: Mrs B Pitman - Class B Rider


Otherperson: Mr M Pitman - Licensed Trainer assisting Mrs Pitman, Miss T Direen - Class B Rider, Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7a9448a50b1c40117f339c9be310fcea


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: 3e4d6b1da0696225614b41ef3dcee726


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


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meetdate: 11/01/2014


meet_title: Kumara RC - 11 January 2014


meet_expappcomment:


meet_km:


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tracklocation: kumara-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


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name: Kumara RC