Riccarton Turf C 10 April 2021 – R 1 – Chair, Mr S Ching
ID: JCA12290
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 10 April 2021
Meet Chair:
SChing
Meet Committee Member 1:
LYong
Race Date:
2021/04/10
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Miss Gestain’s Class B Jockeys licence is suspended from the conclusion of racing 10 April 2021 up to and including 18 April 2021. In addition, a fine of $400 was imposed.
Facts:
Following the running of Race 1, the Fasttrack Insurance Maiden, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B Rider, Miss M Gestain, alleging careless riding in that she allowed her mount KAPALKA to shift out when insufficiently clear of ON THE BACKFOOT who was checked near the 450m.
Rule 638(1) (d) reads as follows;
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Gestain had indicated on the Information that this breach of the Rules was not admitted, which she confirmed at the hearing. Miss Gestain also confirmed that she understood the charge and the Rule it was brought under. Miss Gestain was assisted at the hearing by Licensed Trainer, Mr M Pitman.
Submissions for Decision:
Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 450m, KAPALKA, ridden by Miss Gestain was racing towards the outside of the track with ON THE BACKFOOT, ridden by Mr C Campbell racing on its outside and TOO SAVVY ridden by Mr D Danis, on the outside of both runners and improving past at the time of the incident. Mr Davidson pointed out Miss Gestain angled her mount’s head out and applied pressure to Mr Campbell when only ¾ of a length ahead. Mr Campbell, he said, eventually had to check out of his position as Miss Gestain had shifted out into his rightful running line.
Mr Campbell gave evidence for the Stewards, to the effect that Miss Gestain’s mount had lay across on top of him and applied pressure from about the 900m-1000m until Miss Gestain shifted out into his line forcing him to check. He explained that he had to check because he ran out of room as a result of the pressure from the inside runner being Miss Gestain’s mount, and due to TOO SAVVY on the outside improving past at that point. He said he had to check to avoid the heels of TOO SAVVY, as he was being forced out over them. Mr Campbell estimated that Miss Gestain was only ½ to ¾ of a length ahead of him when shifting out into his line.
Mr Campbell in answer to a question from Mr Pitman, said that he had been calling out to Miss Gestain from the 1100m, with no result. Mr Pitman stated that Miss Gestain did not hear any calling out whatsoever around the time of the incident.
Mr Pitman stated in evidence that KAPALKA tends to race with its head in the air and sideways. He said that for the Stewards to say that Miss Gestain was angling her mount out is completely and utterly false. He said that the incident was more of an over reaction by Mr Campbell than anything else. Mr Pitman showed on the films that Mr Campbell pulls out of the gap when TOO SAVVY improves on his outside and Miss Gestain is on his inner. He added that Mr Campbell was not going good enough to hold his position and opted to ease. Mr Pitman said that there was plenty of room for Mr Campbell to hold his position if he wanted to, but he opted to pull out. He stated that Miss Gestain has not taken Mr Campbell’s line and admitted that the incident looked bad, but Miss Gestain was not at fault. He summed up by stating that the Stewards cannot charge Miss Gestain for Mr Campbell pulling out of a gap when there was ample room for him to maintain his position.
Reasons for Decision:
We have carefully considered the evidence presented in conjunction with the relevant film replays of the incident. We are satisfied that Miss Gestain was racing on the inside of Mr Campbell approaching the 450m with TOO SAVVY improving on the outside of Mr Campbell. We are further satisfied that Miss Gestain shifted out into the rightful line of Mr Campbell when not clear and at best ¾ of a length, forcing him out onto the heels of TOO SAVVY and as a result Mr Campbell has had to check. We are therefore satisfied the charge of careless riding in this case has been found proved.
Submissions for Penalty:
Mr Davidson stated that Miss Gestain’s record showed two previous breaches of this Rule over the prior 6 months being:
-27 November 2020 at Cromwell - 5 National days for a low to mid-range breach
-11 February 2021 at Southland - 4 National days plus $250 fine for a mid-range breach
Mr Davidson added that this was Miss Gestain’s third breach since she began her riding career which began on 3 October 2020, in which she has had 116 rides to date. He stated that she was relatively inexperienced and submitted her record could be considered a neutral factor on this occasion.
Mr Davidson submitted that a suspension and fine relative with the Penalty Guidelines for a mid-range breach be considered as penalty. Miss Gestain did not request a deferment.
Miss Gestain and Mr Pitman made no submissions on penalty and asked that the suspension begin as soon as possible.
Reasons for Penalty:
The JCA Penalty Guide provides, for a mid-range breach of this Rule, a 5-day suspension and a $500 fine. This Committee agreed with the Stewards and also assessed this breach as mid-range. We considered and accepted, on this occasion, Miss Gestain’s record of 2 previous breaches over the prior 6 months, to be a neutral factor, as submitted by Mr Davidson. We therefore determined that a 5 National day suspension was appropriate. We are also prepared to consider Miss Gestain’s status as an Apprentice Rider and her relative inexperience, to a degree, as a mitigating factor in relation to the fine. We therefore determined that in addition to a 5 National day suspension a fine of $400 is to be imposed.
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: 4a4ba9bf1aa46d01c87f95cb99544879
informantnumber: A14069
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 14/04/2021
hearing_title: Riccarton Turf C 10 April 2021 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Fasttrack Insurance Maiden, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B Rider, Miss M Gestain, alleging careless riding in that she allowed her mount KAPALKA to shift out when insufficiently clear of ON THE BACKFOOT who was checked near the 450m.
Rule 638(1) (d) reads as follows;
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Gestain had indicated on the Information that this breach of the Rules was not admitted, which she confirmed at the hearing. Miss Gestain also confirmed that she understood the charge and the Rule it was brought under. Miss Gestain was assisted at the hearing by Licensed Trainer, Mr M Pitman.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 450m, KAPALKA, ridden by Miss Gestain was racing towards the outside of the track with ON THE BACKFOOT, ridden by Mr C Campbell racing on its outside and TOO SAVVY ridden by Mr D Danis, on the outside of both runners and improving past at the time of the incident. Mr Davidson pointed out Miss Gestain angled her mount’s head out and applied pressure to Mr Campbell when only ¾ of a length ahead. Mr Campbell, he said, eventually had to check out of his position as Miss Gestain had shifted out into his rightful running line.
Mr Campbell gave evidence for the Stewards, to the effect that Miss Gestain’s mount had lay across on top of him and applied pressure from about the 900m-1000m until Miss Gestain shifted out into his line forcing him to check. He explained that he had to check because he ran out of room as a result of the pressure from the inside runner being Miss Gestain’s mount, and due to TOO SAVVY on the outside improving past at that point. He said he had to check to avoid the heels of TOO SAVVY, as he was being forced out over them. Mr Campbell estimated that Miss Gestain was only ½ to ¾ of a length ahead of him when shifting out into his line.
Mr Campbell in answer to a question from Mr Pitman, said that he had been calling out to Miss Gestain from the 1100m, with no result. Mr Pitman stated that Miss Gestain did not hear any calling out whatsoever around the time of the incident.
Mr Pitman stated in evidence that KAPALKA tends to race with its head in the air and sideways. He said that for the Stewards to say that Miss Gestain was angling her mount out is completely and utterly false. He said that the incident was more of an over reaction by Mr Campbell than anything else. Mr Pitman showed on the films that Mr Campbell pulls out of the gap when TOO SAVVY improves on his outside and Miss Gestain is on his inner. He added that Mr Campbell was not going good enough to hold his position and opted to ease. Mr Pitman said that there was plenty of room for Mr Campbell to hold his position if he wanted to, but he opted to pull out. He stated that Miss Gestain has not taken Mr Campbell’s line and admitted that the incident looked bad, but Miss Gestain was not at fault. He summed up by stating that the Stewards cannot charge Miss Gestain for Mr Campbell pulling out of a gap when there was ample room for him to maintain his position.
reasonsfordecision:
We have carefully considered the evidence presented in conjunction with the relevant film replays of the incident. We are satisfied that Miss Gestain was racing on the inside of Mr Campbell approaching the 450m with TOO SAVVY improving on the outside of Mr Campbell. We are further satisfied that Miss Gestain shifted out into the rightful line of Mr Campbell when not clear and at best ¾ of a length, forcing him out onto the heels of TOO SAVVY and as a result Mr Campbell has had to check. We are therefore satisfied the charge of careless riding in this case has been found proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Davidson stated that Miss Gestain’s record showed two previous breaches of this Rule over the prior 6 months being:
-27 November 2020 at Cromwell - 5 National days for a low to mid-range breach
-11 February 2021 at Southland - 4 National days plus $250 fine for a mid-range breach
Mr Davidson added that this was Miss Gestain’s third breach since she began her riding career which began on 3 October 2020, in which she has had 116 rides to date. He stated that she was relatively inexperienced and submitted her record could be considered a neutral factor on this occasion.
Mr Davidson submitted that a suspension and fine relative with the Penalty Guidelines for a mid-range breach be considered as penalty. Miss Gestain did not request a deferment.
Miss Gestain and Mr Pitman made no submissions on penalty and asked that the suspension begin as soon as possible.
reasonsforpenalty:
The JCA Penalty Guide provides, for a mid-range breach of this Rule, a 5-day suspension and a $500 fine. This Committee agreed with the Stewards and also assessed this breach as mid-range. We considered and accepted, on this occasion, Miss Gestain’s record of 2 previous breaches over the prior 6 months, to be a neutral factor, as submitted by Mr Davidson. We therefore determined that a 5 National day suspension was appropriate. We are also prepared to consider Miss Gestain’s status as an Apprentice Rider and her relative inexperience, to a degree, as a mitigating factor in relation to the fine. We therefore determined that in addition to a 5 National day suspension a fine of $400 is to be imposed.
penalty:
Accordingly, Miss Gestain’s Class B Jockeys licence is suspended from the conclusion of racing 10 April 2021 up to and including 18 April 2021. In addition, a fine of $400 was imposed.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J Oatham-Chief Stipendiary Steward
JockeysandTrainer: M Gestain-Class B Rider
Otherperson: M Pitman-Licensed Trainer, Mr M Davidson - Stipendiary Steward, C Campbell - Rider of ON THE BACKFOOT
PersonPresent:
Respondent:
StipendSteward:
raceid: f793bb12f64f4a1778dde040fb442a89
race_expapproval:
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race_emailed1: 0
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race_title: R1
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meetid: 4a96f9f45ea6a96dccf1933d2bbabc04
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meetdate: 10/04/2021
meet_title: Canterbury Racing - 10 April 2021
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meet_racingtype: thoroughbred-racing
meet_chair: SChing
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