Archive Decision

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Manawatu RC 26 December 2015 – R7 – Chair, Mr T Utikere

ID: JCA12050

Applicant:
Mr R Neal - Co-Chief Stipendiary Steward

Respondent(s):
Mr D Turner - Apprentice Jockey

Other Person:
Mr H Tinsley - Licensed Jockey assisting Apprentice Turner, Miss R Myers - Licensed Jockey, Mr N Goodwin - Stipendiary Steward

Information Number:
A3522

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Manawatu RC - 26 December 2015

Meet Chair:
TUtikere

Meet Committee Member 1:
NMoffatt

Race Date:
2015/12/26

Race Number:
R7

Decision:

 The charge was dismissed.

Facts:

Following the running of Race 7 (The Speight's Ale House Handicap 1400m), Information A3522 was filed with the judicial committee. It alleged a breach of Rule 638(1)(d) in that "passing the 200 metres Apprentice Turner (ASTRID) attempted to shift ground out when not clear of WILLS ROAD which was hampered for some distance - and over the final stages ASTRID continued to shift out again hampering WILLS ROAD."

Mr Turner, assisted by Mr Tinsley, confirmed that he understood the rule and that he did not admit the breach.

Submissions for Decision:

Using the head-on film, Stipendiary Steward, Mr Goodwin identified ASTRID approaching the 200 metres where no run had been presented. He then pointed out some slight inwards movement from WILLS ROAD (R Myers) to Mr Turner's outside. Mr Goodwin believed Mr Turner had at this point pushed Miss Myers off her rightful line of running. He noted that while there was some movement from Mr Parkes (SHADOW FOX), that had nothing to do with Mr Turner's riding. He also observed that it was clear that Mr Turner was also riding with some vigour. He used the rear-view to support the proposition that there had been no run available to Mr Turner. The side-on view identified Mr Turner to be racing in some restricted room with nowhere for him to improve. It was clear to the stewards that while ASTRID was racing very well, the outwards movement from Mr Turner had required Miss Myers to place both hands back on the reins and that over the final stages he had shifted her over extra ground.

Mr Tinsley and Mr Turner had no questions for Mr Goodwin.

Mr Neal called Miss Myers as a witness. She confirmed she had been the rider of WILLS ROAD and that near the 200 metres she took a gap that was marginal, and that Mr Turner had gone for the gap as well. She believed SHADOW FOX had also moved in towards the running rail and then had also moved out. Miss Myers also believed she was dictated to over the final stages as a consequence of ASTRID shifting outwards. The effect of this was that her horse was unable to let down as well as she would have hoped and had received some buffering. While she was unable to ride the horse out to the best of her ability, she did conclude by stating that it was obvious to her that SHADOW FOX had also moved outwards as well.

Mr Tinsley and Mr Turner had no questions for Miss Myers.

Mr Neal submitted that Mr Turner had angled his mount to shift outwards near the 200 metres causing inconvenience to Miss Myers. Further to that, the stewards believed that Mr Turner had allowed his horse to drift outwards over the concluding stages without taking the appropriate action to straighten his mount. The consequence for WILLS ROAD was an inability to let down due to the pressure received from ASTRID.

Using the head-on film, Mr Tinsley invited the committee to watch the racing manners of SHADOW FOX, which was located directly in front of Mr Turner. Mr Tinsley believed that approaching the 200 metres, that horse had rolled in, presenting a gap for Mr Turner, then had rolled out again, marginally blocking his run. He then invited the committee to observe the racing manners of WILLS ROAD, where Miss Myers had attempted to hold Mr Turner in. Mr Tinsley submitted that Mr Turner had not ridden carelessly, as he had been presented with a gap, and it was his rightful line to take. Mr Tinsley acknowledged that Miss Myers stated that she had been inconvenienced over the concluding stages. He submitted that Mr Turner's outwards movement was a result of his horse lugging outwards, not due to Mr Turner forcing his horse over the extra ground. Using the head-on film, Mr Tinsley drew the committee's attention to Mr Turner's left elbow which indicated he was trying to keep his horse on a straight line, as he was obliged to do.

In summary, Mr Neal acknowledged that there was some waywardness from SHADOW FOX, and that half a run had been presented. In fairness to Mr Turner, the stewards acknowledged there was some attempt to straighten his mount, but believed this attempt to be taken too late in this instance.

In response, Mr Tinsley concurred with Mr Neal in that a gap had been presented and that Mr Parkes and Miss Myers had tried to deny what was rightfully Mr Turner's to take.

Reasons for Decision:

The committee considered all of the submissions placed before it. We also had the benefit of reviewing the available films. The suggestion of carelessness on the part of Mr Turner was broken down into two parts. The first was when Mr Turner was approaching the 200 metres. SHADOW FOX, racing directly in front of Mr Turner rolled in and the rear-view film firmly established that there was a gap for Mr Turner to take. SHADOW FOX then rolls back out, while WILLS ROAD concurrently moves inwards, compounding the available gap to the point where it can no longer be considered a viable option for Mr Turner. While the gap could be described as narrow, as a result of the inwards movement from WILLS ROAD and outwards movement from SHADOW FOX, we determined that Mr Turner was not to be considered careless in attempting to go for the gap that had been presented, and was rightfully his to take. Having disposed of the first part, we then turned to the second part of the alleged carelessness. Over the concluding stages, it was clear that there was outwards movement as a result of SHADOW FOX's initial outwards movement which forced both ASTRID and WILLS ROAD wider on the track. It was clear that Mr Turner gave his mount a strike with the whip, when perhaps he should not have, but the head-on film clearly indicated that approximately seven to eight strides prior to the line, Mr Turner did take some form of corrective action in attempting to straighten his mount. This was evidenced by the motion of Mr Turner's left elbow demonstrating the action that a rider in similar circumstances would be expected to take. Accordingly, we find that the charge had not been proved. 

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: 2c20e2dfad43930ee6ad32ebcfd84372


informantnumber: A3522


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: denied


penaltyrequired: 0


decisiondate: 30/12/2015


hearing_title: Manawatu RC 26 December 2015 - R7 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 7 (The Speight's Ale House Handicap 1400m), Information A3522 was filed with the judicial committee. It alleged a breach of Rule 638(1)(d) in that "passing the 200 metres Apprentice Turner (ASTRID) attempted to shift ground out when not clear of WILLS ROAD which was hampered for some distance - and over the final stages ASTRID continued to shift out again hampering WILLS ROAD."

Mr Turner, assisted by Mr Tinsley, confirmed that he understood the rule and that he did not admit the breach.


appealdecision:


isappeal:


submissionsfordecision:

Using the head-on film, Stipendiary Steward, Mr Goodwin identified ASTRID approaching the 200 metres where no run had been presented. He then pointed out some slight inwards movement from WILLS ROAD (R Myers) to Mr Turner's outside. Mr Goodwin believed Mr Turner had at this point pushed Miss Myers off her rightful line of running. He noted that while there was some movement from Mr Parkes (SHADOW FOX), that had nothing to do with Mr Turner's riding. He also observed that it was clear that Mr Turner was also riding with some vigour. He used the rear-view to support the proposition that there had been no run available to Mr Turner. The side-on view identified Mr Turner to be racing in some restricted room with nowhere for him to improve. It was clear to the stewards that while ASTRID was racing very well, the outwards movement from Mr Turner had required Miss Myers to place both hands back on the reins and that over the final stages he had shifted her over extra ground.

Mr Tinsley and Mr Turner had no questions for Mr Goodwin.

Mr Neal called Miss Myers as a witness. She confirmed she had been the rider of WILLS ROAD and that near the 200 metres she took a gap that was marginal, and that Mr Turner had gone for the gap as well. She believed SHADOW FOX had also moved in towards the running rail and then had also moved out. Miss Myers also believed she was dictated to over the final stages as a consequence of ASTRID shifting outwards. The effect of this was that her horse was unable to let down as well as she would have hoped and had received some buffering. While she was unable to ride the horse out to the best of her ability, she did conclude by stating that it was obvious to her that SHADOW FOX had also moved outwards as well.

Mr Tinsley and Mr Turner had no questions for Miss Myers.

Mr Neal submitted that Mr Turner had angled his mount to shift outwards near the 200 metres causing inconvenience to Miss Myers. Further to that, the stewards believed that Mr Turner had allowed his horse to drift outwards over the concluding stages without taking the appropriate action to straighten his mount. The consequence for WILLS ROAD was an inability to let down due to the pressure received from ASTRID.

Using the head-on film, Mr Tinsley invited the committee to watch the racing manners of SHADOW FOX, which was located directly in front of Mr Turner. Mr Tinsley believed that approaching the 200 metres, that horse had rolled in, presenting a gap for Mr Turner, then had rolled out again, marginally blocking his run. He then invited the committee to observe the racing manners of WILLS ROAD, where Miss Myers had attempted to hold Mr Turner in. Mr Tinsley submitted that Mr Turner had not ridden carelessly, as he had been presented with a gap, and it was his rightful line to take. Mr Tinsley acknowledged that Miss Myers stated that she had been inconvenienced over the concluding stages. He submitted that Mr Turner's outwards movement was a result of his horse lugging outwards, not due to Mr Turner forcing his horse over the extra ground. Using the head-on film, Mr Tinsley drew the committee's attention to Mr Turner's left elbow which indicated he was trying to keep his horse on a straight line, as he was obliged to do.

In summary, Mr Neal acknowledged that there was some waywardness from SHADOW FOX, and that half a run had been presented. In fairness to Mr Turner, the stewards acknowledged there was some attempt to straighten his mount, but believed this attempt to be taken too late in this instance.

In response, Mr Tinsley concurred with Mr Neal in that a gap had been presented and that Mr Parkes and Miss Myers had tried to deny what was rightfully Mr Turner's to take.


reasonsfordecision:

The committee considered all of the submissions placed before it. We also had the benefit of reviewing the available films. The suggestion of carelessness on the part of Mr Turner was broken down into two parts. The first was when Mr Turner was approaching the 200 metres. SHADOW FOX, racing directly in front of Mr Turner rolled in and the rear-view film firmly established that there was a gap for Mr Turner to take. SHADOW FOX then rolls back out, while WILLS ROAD concurrently moves inwards, compounding the available gap to the point where it can no longer be considered a viable option for Mr Turner. While the gap could be described as narrow, as a result of the inwards movement from WILLS ROAD and outwards movement from SHADOW FOX, we determined that Mr Turner was not to be considered careless in attempting to go for the gap that had been presented, and was rightfully his to take. Having disposed of the first part, we then turned to the second part of the alleged carelessness. Over the concluding stages, it was clear that there was outwards movement as a result of SHADOW FOX's initial outwards movement which forced both ASTRID and WILLS ROAD wider on the track. It was clear that Mr Turner gave his mount a strike with the whip, when perhaps he should not have, but the head-on film clearly indicated that approximately seven to eight strides prior to the line, Mr Turner did take some form of corrective action in attempting to straighten his mount. This was evidenced by the motion of Mr Turner's left elbow demonstrating the action that a rider in similar circumstances would be expected to take. Accordingly, we find that the charge had not been proved. 


Decision:

 The charge was dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr R Neal - Co-Chief Stipendiary Steward


JockeysandTrainer: Mr D Turner - Apprentice Jockey


Otherperson: Mr H Tinsley - Licensed Jockey assisting Apprentice Turner, Miss R Myers - Licensed Jockey, Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: a2edbbabd4dc2ecafcbe3c8616a05e34


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


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meetid: 6d6d4289ae8b2327cda284191c5051d4


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meet_noreport: 0


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meet_emailed1: 0


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meetdate: 26/12/2015


meet_title: Manawatu RC - 26 December 2015


meet_expappcomment:


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tracklocation: manawatu-rc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


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name: Manawatu RC