Archive Decision

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Southland RC 11 February 2021 – R 7 – Chair, Mr N Skelt

ID: JCA12131

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Miss M Gestain - Apprentice Rider of MAIDINTHEMIST

Other Person:
Mrs Burrows - Trainer of MAIDINTHEMIST, Mr D Walsh - Apprentice Jockey Mentor, Mr J Oatham - Chief Stipendiary Steward, Miss R Haley - Stipendiary Steward

Information Number:
A11774

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Southland RC - 11 February 2021

Meet Chair:
NSkelt

Race Date:
2021/02/11

Race Number:
R 7

Decision:

As the charge was admitted the Committee deemed the breach to be upheld.

Penalty:

Miss Gestain Apprentice Jockey’s Licence is suspended from the 14 February 2021 up to and including 21 February 2021 (four National days) and a fine of $250 was imposed.

Facts:

Following the running of Race 7, NZB Insurance Pearl Series race, an Information A11774 was filed by Stipendiary Steward, Mr M Davidson, alleging that Apprentice Jockey Miss M Gestain has permitted her mount MAIDINTHEMIST to shift inwards dictating IZZY HOUDINI (R Beeharry) inwards crowding RUBY ROYALE (K Kwo) which was checked inside the final 100 metres.

Miss Gestain confirmed she admitted the breach, and that she understood the Rule.

Mr Oatham (Chief Stipendiary Steward) showed the video replays of the incident, highlighting MAIDINTHEMIST who was racing wide on the heavy track in the straight, MAIDINTHEMIST shifted inwards dictating its stablemate IZZY HOUDINI’s line, who in turn moved inwards causing RUBY ROYALE to be checked. Mr Oatham stated that RUBY ROYALE finished the race in fifth place.
Mrs Burrows, the Trainer of MAIDINTHEMIST and support person for Miss Gestain agreed with Mr Oatham’s summation of the events.

Mrs Burrows added that her horse was very small, and the track was very heavy, so it was not an easy ride for Miss Gestain. She had booked Miss Gestain to gain the 4kg weight relief.

Mr Walsh (Apprentice Jockey Mentor) added that the cross wind was playing a factor in the days racing with several jockeys making comment, adding that this may also have been a minor factor attributing to the inwards movement.

When questioned, Mr Davidson acknowledged that the wind had been difficult but, in his opinion, it was a very minor factor in this incident.

Miss Gestain did not contribute to the discussion.

Submissions for Penalty:

Mr Davidson stated that Miss Gestain was an Apprentice Jockey who began race riding in October 2020. She has 77 rides this season and MAIDINTHEMIST was her sixth winner today.

Miss Gestain received a 5-day suspension at the Omakau Races on 27.11.20 where the breach under the Rule was deemed at low to mid-range.

Mr Davidson believed the breach was low to mid-range today and a suspension of 4 to 5 days and a fine may be considered.

Miss Gestain did not offer any submission on penalty and did not seek a deferment of penalty.

Reasons for Penalty:

The Committee placed the carelessness at the low to mid-range category, with the JCA Penalty Guide starting point being a $250 fine and a 4-day suspension.

The Committee considered the wind shift factor, and the very heavy nature of the track. However, these were not seen as mitigating factors in fixing penalty. Miss Gestain has made an error of judgement by allowing a horse to move inwards and possibly denying the fifth placed horse by the judge Ruby Royale the opportunity to finish closer into a higher stake bearing place.

Miss Gestain’s horse continued on to win the race.

Miss Gestain was given credit for her very early admittance of the breach however this was mitigated by the fact she had received a suspension in November 2020 under the same breach of the Rule.

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: 367552feee324164dc9c5dd6e625f5d6


informantnumber: A11774


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 14/02/2021


hearing_title: Southland RC 11 February 2021 - R 7 - Chair, Mr N Skelt


charge:


facts:

Following the running of Race 7, NZB Insurance Pearl Series race, an Information A11774 was filed by Stipendiary Steward, Mr M Davidson, alleging that Apprentice Jockey Miss M Gestain has permitted her mount MAIDINTHEMIST to shift inwards dictating IZZY HOUDINI (R Beeharry) inwards crowding RUBY ROYALE (K Kwo) which was checked inside the final 100 metres.

Miss Gestain confirmed she admitted the breach, and that she understood the Rule.

Mr Oatham (Chief Stipendiary Steward) showed the video replays of the incident, highlighting MAIDINTHEMIST who was racing wide on the heavy track in the straight, MAIDINTHEMIST shifted inwards dictating its stablemate IZZY HOUDINI’s line, who in turn moved inwards causing RUBY ROYALE to be checked. Mr Oatham stated that RUBY ROYALE finished the race in fifth place.
Mrs Burrows, the Trainer of MAIDINTHEMIST and support person for Miss Gestain agreed with Mr Oatham’s summation of the events.

Mrs Burrows added that her horse was very small, and the track was very heavy, so it was not an easy ride for Miss Gestain. She had booked Miss Gestain to gain the 4kg weight relief.

Mr Walsh (Apprentice Jockey Mentor) added that the cross wind was playing a factor in the days racing with several jockeys making comment, adding that this may also have been a minor factor attributing to the inwards movement.

When questioned, Mr Davidson acknowledged that the wind had been difficult but, in his opinion, it was a very minor factor in this incident.

Miss Gestain did not contribute to the discussion.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted the Committee deemed the breach to be upheld.


sumissionsforpenalty:

Mr Davidson stated that Miss Gestain was an Apprentice Jockey who began race riding in October 2020. She has 77 rides this season and MAIDINTHEMIST was her sixth winner today.

Miss Gestain received a 5-day suspension at the Omakau Races on 27.11.20 where the breach under the Rule was deemed at low to mid-range.

Mr Davidson believed the breach was low to mid-range today and a suspension of 4 to 5 days and a fine may be considered.

Miss Gestain did not offer any submission on penalty and did not seek a deferment of penalty.


reasonsforpenalty:

The Committee placed the carelessness at the low to mid-range category, with the JCA Penalty Guide starting point being a $250 fine and a 4-day suspension.

The Committee considered the wind shift factor, and the very heavy nature of the track. However, these were not seen as mitigating factors in fixing penalty. Miss Gestain has made an error of judgement by allowing a horse to move inwards and possibly denying the fifth placed horse by the judge Ruby Royale the opportunity to finish closer into a higher stake bearing place.

Miss Gestain’s horse continued on to win the race.

Miss Gestain was given credit for her very early admittance of the breach however this was mitigated by the fact she had received a suspension in November 2020 under the same breach of the Rule.


penalty:

Miss Gestain Apprentice Jockey’s Licence is suspended from the 14 February 2021 up to and including 21 February 2021 (four National days) and a fine of $250 was imposed.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Miss M Gestain - Apprentice Rider of MAIDINTHEMIST


Otherperson: Mrs Burrows - Trainer of MAIDINTHEMIST, Mr D Walsh - Apprentice Jockey Mentor, Mr J Oatham - Chief Stipendiary Steward, Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7c7e9d4e9bf6c4519325879fe4db26a0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4b23a686e25a44789a4172bf903be88f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/02/2021


meet_title: Southland RC - 11 February 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: southland-rc


meet_racingtype: thoroughbred-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Southland RC