Archive Decision

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Canterbury R 4 December 2015 – R 6 – Chair, R McKenzie

ID: JCA12280

Applicant:
J P Oatham, Stipendiary Steward

Respondent(s):
B M Murray, Licensed Apprentice Jockey (Class B)

Other Person:
Willie Harnett, Apprentice Jockey Mentor, Mr J M McLaughlin - Stipendiary Steward

Information Number:
A8152

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 4 December 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DAnderson

Race Date:
2015/12/04

Race Number:
R7

Decision:

Mr Murray having admitted the breach, the charge was found proved.

Penalty:

Mr Murray’s Apprentice Jockey’s licence was suspended for a period commencing after the close of racing on 4 December 2015 up to and including Saturday, 12 December 2015 - 2 riding days. The meetings intended to be encompassed by the suspension are Otago RC on 9 December and Southland RC on 12 December.

Facts:

Following the running of Race 6, Accessman City Maiden, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr B M Murray, alleging that Mr Murray, as the rider of BULL CREEK in the race, “shifted inwards near the 1000 metres and crowded ANCIENT (L Callaway) onto KEARNEY (S Muniandy) and LINDIS PASS (R J Myers) which was severely checked as a result”.

Mr Murray was present at the hearing of the information and he indicated that he admitted the breach. Mr Murray was assisted at the hearing by Apprentice Jockey Mentor, Mr Willie Harnett.

Rule 638 provides as follows:

(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

    (d) careless.

Mr Oatham had Stipendiary Steward, Mr J M McLaughlin, show video replays of the incident after approximately 600 metres of the 1600 metres race, approaching the bend out of the back straight. He pointed out the relevant runners – BULL CREEK, ridden by Mr Murray racing 4-wide and progressing forward with ANCIENT (L Callaway) on his inside, KEARNEY (S Muniandy) on his inside and LINDIS PASS (S T Collett) on the rail, on Mr Muniandy’s inner.

Mr McLaughlin said that Mr Murray continued to shift inwards and began to crowd Mr Callaway. Mr Muniandy was already in tight quarters and Miss Myers, on their inside, made contact with the running rail and was severely checked. In the meantime, Mr Murray had progressed forward to be 3-wide outside the two leaders.

Mr Murray said that he not made contact with Mr Callaway’s mount on his inside, but he admitted that he had put pressure on him. Mr Oatham did not dispute that assertion but said it was more a matter of the sustained pressure that he been put on over some distance.

Mr Oatham submitted that the degree of carelessness was “relatively low” but the consequences were “relatively high”, with Miss Myers suffering a severe check. It was for the Committee to balance those two factors, Mr Oatham submitted.

Mr Harnett submitted that the movement from Mr Murray had been gradual. He had perhaps been deceived by the movement of the runner in front, PROSPERITY (J R Lowry), in thinking that it was safe to come over. The degree of carelessness was not high but the effect was a “domino effect”, Mr Harnett submitted.

Mr Oatham pointed out that the race was a maiden race with many of the runners being inexperienced. Nevertheless, riders should be aware of that fact when they go out to ride, he said. 

Submissions for Penalty:

Mr Oatham told the Committee that Mr Murray’s record was a good one, with no breaches in the last 12 months. Mr Murray had admitted the breach and the level of carelessness was more towards the lower end of the scale, Mr Oatham said. He submitted that an appropriate penalty was a suspension of 2 days, in keeping with the penalties imposed upon the two other apprentice jockeys dealt with earlier in the day.

Mr Murray told the Committee that he did not seek a deferment and that he was a South Island rider. 

Reasons for Penalty:

Mr Murray is a South Island rider and, in the case of a South Island rider, the Penalty Guide provides for a starting point of a 3 days’ suspension for a breach of the careless riding Rule. The Committee adopted that as a starting point for penalty in this case.

The Committee agreed with Mr Oatham that the degree of carelessness was quite low as the inwards movement had been a gradual one although the consequences were quite significant in that Miss Myers’ mount received a bad check. In the circumstances, the Committee was satisfied that an uplift in the starting point was not called for.

Mitigating factors were Mr Murray’s admission of the breach and his previous good record.

The Committee determined that he was entitled to a discount of 1 day from the starting point of 3 days for those factors.

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: 48f3039411b813c4c972a10a81b97679


informantnumber: A8152


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 08/12/2015


hearing_title: Canterbury R 4 December 2015 - R 6 - Chair, R McKenzie


charge:


facts:

Following the running of Race 6, Accessman City Maiden, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr B M Murray, alleging that Mr Murray, as the rider of BULL CREEK in the race, “shifted inwards near the 1000 metres and crowded ANCIENT (L Callaway) onto KEARNEY (S Muniandy) and LINDIS PASS (R J Myers) which was severely checked as a result”.

Mr Murray was present at the hearing of the information and he indicated that he admitted the breach. Mr Murray was assisted at the hearing by Apprentice Jockey Mentor, Mr Willie Harnett.

Rule 638 provides as follows:

(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

    (d) careless.

Mr Oatham had Stipendiary Steward, Mr J M McLaughlin, show video replays of the incident after approximately 600 metres of the 1600 metres race, approaching the bend out of the back straight. He pointed out the relevant runners – BULL CREEK, ridden by Mr Murray racing 4-wide and progressing forward with ANCIENT (L Callaway) on his inside, KEARNEY (S Muniandy) on his inside and LINDIS PASS (S T Collett) on the rail, on Mr Muniandy’s inner.

Mr McLaughlin said that Mr Murray continued to shift inwards and began to crowd Mr Callaway. Mr Muniandy was already in tight quarters and Miss Myers, on their inside, made contact with the running rail and was severely checked. In the meantime, Mr Murray had progressed forward to be 3-wide outside the two leaders.

Mr Murray said that he not made contact with Mr Callaway’s mount on his inside, but he admitted that he had put pressure on him. Mr Oatham did not dispute that assertion but said it was more a matter of the sustained pressure that he been put on over some distance.

Mr Oatham submitted that the degree of carelessness was “relatively low” but the consequences were “relatively high”, with Miss Myers suffering a severe check. It was for the Committee to balance those two factors, Mr Oatham submitted.

Mr Harnett submitted that the movement from Mr Murray had been gradual. He had perhaps been deceived by the movement of the runner in front, PROSPERITY (J R Lowry), in thinking that it was safe to come over. The degree of carelessness was not high but the effect was a “domino effect”, Mr Harnett submitted.

Mr Oatham pointed out that the race was a maiden race with many of the runners being inexperienced. Nevertheless, riders should be aware of that fact when they go out to ride, he said. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Murray having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Oatham told the Committee that Mr Murray’s record was a good one, with no breaches in the last 12 months. Mr Murray had admitted the breach and the level of carelessness was more towards the lower end of the scale, Mr Oatham said. He submitted that an appropriate penalty was a suspension of 2 days, in keeping with the penalties imposed upon the two other apprentice jockeys dealt with earlier in the day.

Mr Murray told the Committee that he did not seek a deferment and that he was a South Island rider. 


reasonsforpenalty:

Mr Murray is a South Island rider and, in the case of a South Island rider, the Penalty Guide provides for a starting point of a 3 days’ suspension for a breach of the careless riding Rule. The Committee adopted that as a starting point for penalty in this case.

The Committee agreed with Mr Oatham that the degree of carelessness was quite low as the inwards movement had been a gradual one although the consequences were quite significant in that Miss Myers’ mount received a bad check. In the circumstances, the Committee was satisfied that an uplift in the starting point was not called for.

Mitigating factors were Mr Murray’s admission of the breach and his previous good record.

The Committee determined that he was entitled to a discount of 1 day from the starting point of 3 days for those factors.


penalty:

Mr Murray’s Apprentice Jockey’s licence was suspended for a period commencing after the close of racing on 4 December 2015 up to and including Saturday, 12 December 2015 - 2 riding days. The meetings intended to be encompassed by the suspension are Otago RC on 9 December and Southland RC on 12 December.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J P Oatham, Stipendiary Steward


JockeysandTrainer: B M Murray, Licensed Apprentice Jockey (Class B)


Otherperson: Willie Harnett, Apprentice Jockey Mentor, Mr J M McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5437805d1038789a7c4325a93cf73778


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 16aa2e181bbb20203120c1713494953a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/12/2015


meet_title: Canterbury Racing - 4 December 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: DAnderson


meet_pm2: none


name: Canterbury Racing