Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Canterbury R 5 May 2018 – R 4 – Chair, Mr R McKenzie

ID: JCA12308

Applicant:
J P Oatham, Chief Stipendiary Steward

Respondent(s):
C R Barnes, Licensed Jockey (Class A)

Other Person:
Mr J M McLaughlin - Stipendiary Steward

Information Number:
A8164

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 5 May 2018

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DJackson

Race Date:
2018/05/05

Race Number:
R4

Decision:

Miss Barnes having admitted the breach, the charge was found proved.

Penalty:

Miss Barnes’ application for a deferment of suspension is granted by the Committee. Her Jockey’s Licence (Class A) is suspended for the period commencing from after the conclusion of racing on Friday, 11 May 2018, up to and including Saturday, 19 May 2018 – 6 national riding days.

Facts:

Following the running of Race 4, Angus Meats Premier, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Miss C R Barnes, alleging a breach of Rule 638 (1) (d) in that Miss Barnes “allowed her mount DREAMING EASY to shift in crowding and checking SILVERMIST (K Mudhoo) and BLACK LABEL (K Williams) near the 100 metres”.

Miss Barnes had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and she confirmed that she admitted the breach. The breach was found proved accordingly.

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 the three available video replays of the incident with approximately 100 metres to race. Mr McLaughlin pointed out DREAMING EASY, ridden by Miss Barnes, racing near the lead with SILVERMIST (K Mudhoo) up inside her quarters and BLACK LABEL (K Williams) on Mr Mudhoo’s inside. He said that Miss Barnes had commenced using her whip and the horse drifted in while she continued riding with the whip. At this stage, Mr Mudhoo was well up on Miss Barnes’ inner. He was forced to take a hold and his mount was checked. Miss Williams was forced across heels. The Committee observed that Miss Barnes did straighten her mount immediately after the incident.

Miss Barnes said that she had attempted to straighten and it was an error of judgement on her part that she had used her whip again. She had not been aware initially that Mr Mudhoo was up on her inside, she said. 

Submissions for Penalty:

Mr Oatham commenced by saying that Miss Barnes’ record was a good one with just one careless riding breach in the last 12 months – at South Canterbury on 16 June 2017. She was suspended for two South Island days for that breach which was deemed to be low level. The Committee should take into account her good record and her admission of the breach at the first opportunity, Mr Oatham said.

Mr Oatham said the shift was “not overly great”, perhaps, a “good horse width”, which resulted in reasonably significant interference to two runners. Mr Mudhoo’s runner was coming into the race and was denied the opportunity of running in a stakes-bearing placing, Mr Oatham submitted.

Stewards were submitting that this should be regarded as being a mid-range breach with a starting point, in terms of the Penalty Guide, of 8 national riding days.

Miss Barnes told the Committee that she wished to be able to ride at Ashburton on 11 May next and, therefore, sought a deferment until after that date. She referred the Committee to her “pretty good record” and that she had admitted the breach.

Reasons for Penalty:

The Committee considered that the breach in this instance was in the low-mid range. Miss Barnes’ inwards movement was minimal – we agree with Mr Oatham’s assessment of one horse-width – and she did straighten her mount immediately thereafter. While there was some interference suffered by two other runners, we cannot be satisfied of the extent, if any, to which that interference affected the chances of either of those runners.

In determining penalty, the Committee took into account, as mitigating factors, Miss Barnes’ frank admission of the breach and her record which we deemed to be excellent. We note that she has had 191 rides in the current season without breaching the careless riding Rule.

The Penalty Guide starting point for a mid-range breach is a suspension for 8 national riding days. We have adopted a starting point of 7 national riding days for low-to-mid carelessness in this case. From that starting point, we give Miss Barnes a discount of 1 day for the mitigating factors referred to.

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: 4bfe8e321c25524683a805b2919d003e


informantnumber: A8164


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 07/05/2018


hearing_title: Canterbury R 5 May 2018 - R 4 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 4, Angus Meats Premier, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Miss C R Barnes, alleging a breach of Rule 638 (1) (d) in that Miss Barnes “allowed her mount DREAMING EASY to shift in crowding and checking SILVERMIST (K Mudhoo) and BLACK LABEL (K Williams) near the 100 metres”.

Miss Barnes had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and she confirmed that she admitted the breach. The breach was found proved accordingly.

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 the three available video replays of the incident with approximately 100 metres to race. Mr McLaughlin pointed out DREAMING EASY, ridden by Miss Barnes, racing near the lead with SILVERMIST (K Mudhoo) up inside her quarters and BLACK LABEL (K Williams) on Mr Mudhoo’s inside. He said that Miss Barnes had commenced using her whip and the horse drifted in while she continued riding with the whip. At this stage, Mr Mudhoo was well up on Miss Barnes’ inner. He was forced to take a hold and his mount was checked. Miss Williams was forced across heels. The Committee observed that Miss Barnes did straighten her mount immediately after the incident.

Miss Barnes said that she had attempted to straighten and it was an error of judgement on her part that she had used her whip again. She had not been aware initially that Mr Mudhoo was up on her inside, she said. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Miss Barnes having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Oatham commenced by saying that Miss Barnes’ record was a good one with just one careless riding breach in the last 12 months – at South Canterbury on 16 June 2017. She was suspended for two South Island days for that breach which was deemed to be low level. The Committee should take into account her good record and her admission of the breach at the first opportunity, Mr Oatham said.

Mr Oatham said the shift was “not overly great”, perhaps, a “good horse width”, which resulted in reasonably significant interference to two runners. Mr Mudhoo’s runner was coming into the race and was denied the opportunity of running in a stakes-bearing placing, Mr Oatham submitted.

Stewards were submitting that this should be regarded as being a mid-range breach with a starting point, in terms of the Penalty Guide, of 8 national riding days.

Miss Barnes told the Committee that she wished to be able to ride at Ashburton on 11 May next and, therefore, sought a deferment until after that date. She referred the Committee to her “pretty good record” and that she had admitted the breach.


reasonsforpenalty:

The Committee considered that the breach in this instance was in the low-mid range. Miss Barnes’ inwards movement was minimal – we agree with Mr Oatham’s assessment of one horse-width – and she did straighten her mount immediately thereafter. While there was some interference suffered by two other runners, we cannot be satisfied of the extent, if any, to which that interference affected the chances of either of those runners.

In determining penalty, the Committee took into account, as mitigating factors, Miss Barnes’ frank admission of the breach and her record which we deemed to be excellent. We note that she has had 191 rides in the current season without breaching the careless riding Rule.

The Penalty Guide starting point for a mid-range breach is a suspension for 8 national riding days. We have adopted a starting point of 7 national riding days for low-to-mid carelessness in this case. From that starting point, we give Miss Barnes a discount of 1 day for the mitigating factors referred to.


penalty:

Miss Barnes’ application for a deferment of suspension is granted by the Committee. Her Jockey’s Licence (Class A) is suspended for the period commencing from after the conclusion of racing on Friday, 11 May 2018, up to and including Saturday, 19 May 2018 – 6 national riding days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J P Oatham, Chief Stipendiary Steward


JockeysandTrainer: C R Barnes, Licensed Jockey (Class A)


Otherperson: Mr J M McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 1977f0edee3e910370c954f27fe76a23


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f51932c9cb5bd72b089af03a016554a3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/05/2018


meet_title: Canterbury Racing - 5 May 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: DJackson


meet_pm2: none


name: Canterbury Racing