Pakuranga HC 4 October 2020 – R 6 – Chair, Mr G Jones
ID: JCA11850
Code:
Thoroughbred
Meet Title:
Pakuranga HC - 4 October 2020
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2020/10/04
Race Number:
R 4
Decision:
As Mr Donoghue admitted the breach the Committee found the charge proved.
Penalty:
We impose a fine of $200.
Facts:
Following the running of Race 6, the CLC Pakuranga Hunt Cup, an Information was filed pursuant to Rule 638(2). The Informant, Mr Oatham, alleged that Class D Rider, Mr Donoghue made a celebratory gesture prior to passing the winning post when riding MAGIC WONDER.
Mr Donoghue acknowledged that he now understands the Rule, but prior to today’s racing, he said, he was unaware that the rule existed. He confirmed his admission of the breach.
Rule 638(2) provides: A Rider shall not make a celebratory gesture prior to his horse passing the winning post.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Donoghue’s mount (MAGIC WONDER) over the concluding stages of the race. He pointed out that approximately 5 or 6 strides prior to the winning post, Mr Donoghue raised his whip made a celebratory gesture. Mr Oatham said that this rule is in place for horse and rider safety reasons and the incident was made worse due to the fact that MAGIC WONDER shifted very close to the outside running rail when Mr Donoghue stood up.
In response Mr Donoghue said that he got excited due to the fact he was going to win the race. He said that he has only been riding in New Zealand for a very short time and was not aware of the rule prohibiting a rider from making a celebratory gesture.
Submissions for Penalty:
Mr Oatham said that Mr Donoghue freely admitted the breach and he has a clear record under this rule. He said that Mr Donoghue has not had many race rides and he had some sympathy for the position he now finds himself in.
Mr Oatham said that similar breaches by Jumps Riders have resulted in fines between $100 (low level) and $300 for the 2017 winning rider of the Grand National. He submitted that a fine in the vicinity of $200 would be appropriate.
Ms Donoghue submitted that he would accept whatever penalty is imposed and that “it won’t happen again”.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The JCA Penalty Guide recommended starting point for a breach of this Rule is a $300 fine.
The Committee did not identify any aggravating factors, but did note the breach occurred in a race carrying a stake $50,000.
Although we can appreciate that Mr Donoghue was excited by the prospect of winning the Prestige Jumps Race, it is no reasonable excuse and does not lessen or mitigate his actions.
Mitigating factors included Mr Donoghue’s admission of the breach and his clear record under this rule. The Committee also noted that the breach itself was not overly extravagant but it is of concern, as highlighted by Mr Oatham, that when Mr Donoghue stood up his mount drifted very close to the outside running rail.
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: 33646bc297dabee77db90fac43fa7abb
informantnumber: A13422
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Celebratory Gesture
plea: admitted
penaltyrequired: 1
decisiondate: 05/10/2020
hearing_title: Pakuranga HC 4 October 2020 – R 6 – Chair, Mr G Jones
charge:
facts:
Following the running of Race 6, the CLC Pakuranga Hunt Cup, an Information was filed pursuant to Rule 638(2). The Informant, Mr Oatham, alleged that Class D Rider, Mr Donoghue made a celebratory gesture prior to passing the winning post when riding MAGIC WONDER.
Mr Donoghue acknowledged that he now understands the Rule, but prior to today’s racing, he said, he was unaware that the rule existed. He confirmed his admission of the breach.
Rule 638(2) provides: A Rider shall not make a celebratory gesture prior to his horse passing the winning post.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Donoghue’s mount (MAGIC WONDER) over the concluding stages of the race. He pointed out that approximately 5 or 6 strides prior to the winning post, Mr Donoghue raised his whip made a celebratory gesture. Mr Oatham said that this rule is in place for horse and rider safety reasons and the incident was made worse due to the fact that MAGIC WONDER shifted very close to the outside running rail when Mr Donoghue stood up.
In response Mr Donoghue said that he got excited due to the fact he was going to win the race. He said that he has only been riding in New Zealand for a very short time and was not aware of the rule prohibiting a rider from making a celebratory gesture.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Donoghue admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Mr Donoghue freely admitted the breach and he has a clear record under this rule. He said that Mr Donoghue has not had many race rides and he had some sympathy for the position he now finds himself in.
Mr Oatham said that similar breaches by Jumps Riders have resulted in fines between $100 (low level) and $300 for the 2017 winning rider of the Grand National. He submitted that a fine in the vicinity of $200 would be appropriate.
Ms Donoghue submitted that he would accept whatever penalty is imposed and that “it won’t happen again”.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The JCA Penalty Guide recommended starting point for a breach of this Rule is a $300 fine.
The Committee did not identify any aggravating factors, but did note the breach occurred in a race carrying a stake $50,000.
Although we can appreciate that Mr Donoghue was excited by the prospect of winning the Prestige Jumps Race, it is no reasonable excuse and does not lessen or mitigate his actions.
Mitigating factors included Mr Donoghue’s admission of the breach and his clear record under this rule. The Committee also noted that the breach itself was not overly extravagant but it is of concern, as highlighted by Mr Oatham, that when Mr Donoghue stood up his mount drifted very close to the outside running rail.
penalty:
We impose a fine of $200.
hearing_type: Hearing
Rules: Rule 638(2)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr B Donoghue (rider of MAGIC WONDER)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 55829442be1ba11f440a07f52e1db2f5
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: a346c672c30da9810726169c44e1fc4a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/10/2020
meet_title: Pakuranga HC - 4 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: pakuranga-hc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ASmith
meet_pm2: none
name: Pakuranga HC