Waikato RC 19 May 2012 – R 5
ID: JCA12075
Code:
Thoroughbred
Meet Title:
Waikato RC - 19 May 2012
Meet Chair:
RSeabrook
Meet Committee Member 1:
ADooley
Race Date:
2012/05/19
Race Number:
R 5
Decision:
For all these reasons above we find the charge proved.
Penalty:
Accordingly after taking all the above into account we find the appropriate penalty is a one month’s suspension. Mr McFarlane’s license to ride in races is suspended from after the conclusion of racing on 21 May and concludes after racing on 21 June 2012.
Charge:
Misconduct charge.
Facts:
As this was a serious charge Mr McFarlane was asked by the committee at the commencement of the hearing if he wished for an adjournment to seek representation. He declined and said he was happy to proceed with the charge.
Following race 5 an information was filed pursuant to rule 340. The informant Mr J Oatham alleged that Mr L McFarlane remounted the horse SPORTAVIAN which had fallen at the second to last fence after being directed not to do so by the veterinarian.
Submissions for Decision:
Mr Oatham explained to the committee circumstances regarding the charge following the Waikato Steeples. He said SPORTAVIAN, ridden by Mr McFarlane fell heavily at the second to last fence which caused significant bleeding in the horse’s right nostril. Mr Oatham stated the course veterinarian Mr Douglas Black arrived promptly and upon seeing the horse instructed Mr McFarlane not to complete the race. However Mr McFarlane chose to ignore this directive by remounting the horse and jumping the last fence.
Mr Oatham informed the committee he was going to call stipendiary steward Mr M Williamson as a witness to explain the directive given to all jumps riders who were present at Te Rapa on 5 May 2012. These directives encompassed horse and rider welfare.
Mr Douglas Black, course veterinarian, was then called by Mr Oatham as a witness. He explained he was present shortly after the fall and asked Mr McFarlane if the horse was all right. Mr McFarlane replied that there was blood coming out of one nostril which caused Mr Black to tell him he should not jump the last fence in the interests of animal welfare. Mr McFarlane said he was just going to pop SPORTAVIAN over the last fence. In answer to a question from the committee Mr Black was adamant that Mr McFarlane had heard his instructions and was most disappointed that Mr McFarlane had disregarded his request.
Mr Oatham then called assistant stipendiary steward Mr W Robinson as his next witness. Mr Robinson told the committee he was in the crash crew following the race. He said he saw the horse have a heavy fall but by the time he arrived back at the fence Mr McFarlane had remounted. Mr Robinson noticed blood coming out of one nostril and told the committee he heard the veterinarian instructing Mr McFarlane not to jump the last fence. Mr Robinson had no doubt that Mr McFarlane would have heard these instructions.
Mr Williamson, stipendiary steward, was then called as a witness. He told the committee he was chairman on 5 May when, prior to the commencement of the 3 jump races that day, all jumps riders were called to a meeting outlining their obligations. These included animal welfare issues particularly relating to jumps racing. The riders were told that if a fall occurred they must be fully satisfied that the condition of horse and rider were unaffected by the fall before continuing in the race. In particular they were told that if there were any issues with the horse and a vet was present they should get the vet’s clearance before continuing the race.
In response to a question from the committee Mr McFarlane confirmed he was present on 5 May and had heard the directives given by Mr Williamson and chief stipendiary steward Mr C George who was also present at that meeting.
Mr McFarlane in his evidence said following the fall he noticed blood coming from the horse’s nose but all the time was mindful there was 5th prize money available if he completed the race. He acknowledged the vet asked him if the horse was all right but denied hearing the vet instructing him not to jump the last fence.
Mr McFarlane called Mr D Anaki (ground staff) as a witness. He confirmed he was present at the fence in question and heard the vet say to Mr McFarlane that he should not jump the last fence. Mr Anaki told the committee he did not believe this came across as an order not to jump the fence.
Mr Oatham in summing up said the major concern in this incident was one of animal welfare. He said the horse had taken a heavy fall and Mr McFarlane had acknowledged he was aware of blood flowing from one nostril. As all riders had been put on notice two weeks ago regarding their obligations in jumps races, a rider of Mr McFarlane’s experience should have known better. Mr Oatham submitted that Mr McFarlane put himself and horse at risk, and that anything said by Mr Black should have been heard by Mr McFarlane. Mr Oatham concluded by saying Mr Black was very agitated when he returned to the birdcage.
Reasons for Decision:
The committee has carefully considered all evidence and submissions as presented. Clearly we have conflicting evidence between the parties as to the words spoken by the vet Mr Black to Mr McFarlane and Mr Anaki. However not in dispute is the directive given to all riders at Te Rapa on 5 May. On that day there were 3 jumps races and prior to commencement all jockeys were addressed on animal welfare issues. Mr McFarlane confirmed to the committee he was present on that day and heard the directives given. The most important factors discussed that day which relate to this charge are as follows:
Riders’ obligations relating to animal welfare particularly with the pressure jumps racing is coming under from the public.
If a fall occurred the riders must be fully satisfied that the condition of horse and rider were unaffected before continuing the race.
If a vet is present it is desirable to get their clearance before continuing the race.
Regarding the charge today Mr McFarlane acknowledged there was blood coming out of one nostril but was aware there was fifth prize money so he remounted and jumped the last fence. Clearly if there is blood present and which Mr McFarlane was aware of the horse was not fit to continue. It follows that a rider of Mr McFarlane’s experience should have known better.
The committee finds Mr McFarlane’s actions to be a blatant disregard of the directive given by Mr Williamson and Mr George. He has chosen to put himself and the horse at risk by jumping the last fence without obtaining clearance from the vet and with the knowledge that blood was coming out of 1 nostril.
Submissions for Penalty:
Mr Oatham said Mr McFarlane had a clear record in the last 12 months. He emphasized the seriousness of the horse’s welfare which Mr McFarlane put in jeopardy by jumping the last fence.
He submitted as a jumps rider Mr McFarlane had limited riding opportunities and believed a suspension of 4 – 6 weeks would be appropriate.
Mr McFarlane said he had no firm commitments but accepted that he had the opportunity to take rides at Hawkes Bay on 24 May. He said the penalty submissions by Mr Oatham were too harsh and 2 weeks would be plenty. Mr McFarlane concluded by saying that the main reason he remounted was because there was 5th prize available. He said that on previous occasions riders had remounted in similar circumstances without incurring any penalty.
Reasons for Penalty:
The committee carefully considered all submissions as presented. Having already found the charge proved any penalty must reflect the seriousness of the charge. Although it is not conclusive that Mr McFarlane heard the full instructions from Mr Black following the fall, although highly probable from the evidence heard, our attention was drawn to the 5 May meeting when the riders were told to be certain of the horse’s welfare before continuing. They were also told it was desirable if a vet was present the horse should be cleared before continuing the race. The committee places emphasis on the relevance between the 5 May meeting directive and today’s incident. We have included this evidence as it makes the fact more probable than it would have without it.
The only mitigating factor is Mr McFarlane’s clear record in the last 12 months.
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: 2dfc773d23a6e3d8c2f757df38167149
informantnumber: 4507
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 06/05/2012
hearing_title: Waikato RC 19 May 2012 - R 5
charge:
Misconduct charge.
facts:
As this was a serious charge Mr McFarlane was asked by the committee at the commencement of the hearing if he wished for an adjournment to seek representation. He declined and said he was happy to proceed with the charge.
Following race 5 an information was filed pursuant to rule 340. The informant Mr J Oatham alleged that Mr L McFarlane remounted the horse SPORTAVIAN which had fallen at the second to last fence after being directed not to do so by the veterinarian.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham explained to the committee circumstances regarding the charge following the Waikato Steeples. He said SPORTAVIAN, ridden by Mr McFarlane fell heavily at the second to last fence which caused significant bleeding in the horse’s right nostril. Mr Oatham stated the course veterinarian Mr Douglas Black arrived promptly and upon seeing the horse instructed Mr McFarlane not to complete the race. However Mr McFarlane chose to ignore this directive by remounting the horse and jumping the last fence.
Mr Oatham informed the committee he was going to call stipendiary steward Mr M Williamson as a witness to explain the directive given to all jumps riders who were present at Te Rapa on 5 May 2012. These directives encompassed horse and rider welfare.
Mr Douglas Black, course veterinarian, was then called by Mr Oatham as a witness. He explained he was present shortly after the fall and asked Mr McFarlane if the horse was all right. Mr McFarlane replied that there was blood coming out of one nostril which caused Mr Black to tell him he should not jump the last fence in the interests of animal welfare. Mr McFarlane said he was just going to pop SPORTAVIAN over the last fence. In answer to a question from the committee Mr Black was adamant that Mr McFarlane had heard his instructions and was most disappointed that Mr McFarlane had disregarded his request.
Mr Oatham then called assistant stipendiary steward Mr W Robinson as his next witness. Mr Robinson told the committee he was in the crash crew following the race. He said he saw the horse have a heavy fall but by the time he arrived back at the fence Mr McFarlane had remounted. Mr Robinson noticed blood coming out of one nostril and told the committee he heard the veterinarian instructing Mr McFarlane not to jump the last fence. Mr Robinson had no doubt that Mr McFarlane would have heard these instructions.
Mr Williamson, stipendiary steward, was then called as a witness. He told the committee he was chairman on 5 May when, prior to the commencement of the 3 jump races that day, all jumps riders were called to a meeting outlining their obligations. These included animal welfare issues particularly relating to jumps racing. The riders were told that if a fall occurred they must be fully satisfied that the condition of horse and rider were unaffected by the fall before continuing in the race. In particular they were told that if there were any issues with the horse and a vet was present they should get the vet’s clearance before continuing the race.
In response to a question from the committee Mr McFarlane confirmed he was present on 5 May and had heard the directives given by Mr Williamson and chief stipendiary steward Mr C George who was also present at that meeting.
Mr McFarlane in his evidence said following the fall he noticed blood coming from the horse’s nose but all the time was mindful there was 5th prize money available if he completed the race. He acknowledged the vet asked him if the horse was all right but denied hearing the vet instructing him not to jump the last fence.
Mr McFarlane called Mr D Anaki (ground staff) as a witness. He confirmed he was present at the fence in question and heard the vet say to Mr McFarlane that he should not jump the last fence. Mr Anaki told the committee he did not believe this came across as an order not to jump the fence.
Mr Oatham in summing up said the major concern in this incident was one of animal welfare. He said the horse had taken a heavy fall and Mr McFarlane had acknowledged he was aware of blood flowing from one nostril. As all riders had been put on notice two weeks ago regarding their obligations in jumps races, a rider of Mr McFarlane’s experience should have known better. Mr Oatham submitted that Mr McFarlane put himself and horse at risk, and that anything said by Mr Black should have been heard by Mr McFarlane. Mr Oatham concluded by saying Mr Black was very agitated when he returned to the birdcage.
reasonsfordecision:
The committee has carefully considered all evidence and submissions as presented. Clearly we have conflicting evidence between the parties as to the words spoken by the vet Mr Black to Mr McFarlane and Mr Anaki. However not in dispute is the directive given to all riders at Te Rapa on 5 May. On that day there were 3 jumps races and prior to commencement all jockeys were addressed on animal welfare issues. Mr McFarlane confirmed to the committee he was present on that day and heard the directives given. The most important factors discussed that day which relate to this charge are as follows:
Riders’ obligations relating to animal welfare particularly with the pressure jumps racing is coming under from the public.
If a fall occurred the riders must be fully satisfied that the condition of horse and rider were unaffected before continuing the race.
If a vet is present it is desirable to get their clearance before continuing the race.
Regarding the charge today Mr McFarlane acknowledged there was blood coming out of one nostril but was aware there was fifth prize money so he remounted and jumped the last fence. Clearly if there is blood present and which Mr McFarlane was aware of the horse was not fit to continue. It follows that a rider of Mr McFarlane’s experience should have known better.
The committee finds Mr McFarlane’s actions to be a blatant disregard of the directive given by Mr Williamson and Mr George. He has chosen to put himself and the horse at risk by jumping the last fence without obtaining clearance from the vet and with the knowledge that blood was coming out of 1 nostril.
Decision:
For all these reasons above we find the charge proved.
sumissionsforpenalty:
Mr Oatham said Mr McFarlane had a clear record in the last 12 months. He emphasized the seriousness of the horse’s welfare which Mr McFarlane put in jeopardy by jumping the last fence.
He submitted as a jumps rider Mr McFarlane had limited riding opportunities and believed a suspension of 4 – 6 weeks would be appropriate.
Mr McFarlane said he had no firm commitments but accepted that he had the opportunity to take rides at Hawkes Bay on 24 May. He said the penalty submissions by Mr Oatham were too harsh and 2 weeks would be plenty. Mr McFarlane concluded by saying that the main reason he remounted was because there was 5th prize available. He said that on previous occasions riders had remounted in similar circumstances without incurring any penalty.
reasonsforpenalty:
The committee carefully considered all submissions as presented. Having already found the charge proved any penalty must reflect the seriousness of the charge. Although it is not conclusive that Mr McFarlane heard the full instructions from Mr Black following the fall, although highly probable from the evidence heard, our attention was drawn to the 5 May meeting when the riders were told to be certain of the horse’s welfare before continuing. They were also told it was desirable if a vet was present the horse should be cleared before continuing the race. The committee places emphasis on the relevance between the 5 May meeting directive and today’s incident. We have included this evidence as it makes the fact more probable than it would have without it.
The only mitigating factor is Mr McFarlane’s clear record in the last 12 months.
penalty:
Accordingly after taking all the above into account we find the appropriate penalty is a one month’s suspension. Mr McFarlane’s license to ride in races is suspended from after the conclusion of racing on 21 May and concludes after racing on 21 June 2012.
hearing_type: Hearing
Rules: 340
Informant: Mr J Oatham
JockeysandTrainer: Mr L McFarlane
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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race_title: R 5
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meetdate: 19/05/2012
meet_title: Waikato RC - 19 May 2012
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