Canterbury JC 24 October 2020 – R 10 – Chair, Mr S Ching
ID: JCA12313
Code:
Thoroughbred
Meet Title:
Canterbury JC - 24 October 2020
Meet Chair:
SChing
Meet Committee Member 1:
OJarvis
Race Date:
2020/10/24
Race Number:
R10
Decision:
As Mr Cuneen had admitted the breach, the charge was found proved.
Penalty:
Mr Cuneen’s Class A Jockey licence is suspended from the conclusion of racing 26 October up to and including 5 November 2020.
Facts:
Following the running of Race 10, the NZB Ready to Run Sale Trainers Series R65, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr R Cuneen, alleging careless riding in that he angled his mount CLOONEY outwards crowding and checking SULU SEA, LEITRIM LAD and BLACKBOOK, passing the 400m, with all three runners buffeted and unbalanced.
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”
Mr Cuneen had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Cuneen also acknowledged that he understood the charge and the Rule it was brought under.
Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 400m, CLOONEY, ridden by Mr Cuneen, was racing two off the rail and mid field with SULU SEA (K Chowdhoory), LEITRIM LAD (L Callaway), and BLACKBOOK (J Lowry) racing to the outside of Mr Cuneen.
Mr Davidson pointed out Mr Cuneen, when looking for clear running, shift ground outwards when a gap appeared on the outside of ALL BLACK MAGIC (S Macnab), who he was trailing at the time. Mr Cuneen, he said, was not clear in this manoeuvre, and caused crowding and buffeting to the three runners, who were racing in tight quarters at the time, on his outside. Of particular note, Mr Davidson said, was that BLACKBOOK, who was slightly ahead of the other two runners, was turned sideways due to the outward movement, which made the incident look worse. He added that Mr Cuneen was a bare length in front of these runners when shifting out.
Mr Cuneen stated that the incident was on the point of the bend and when he shifted out, he thought he was clear at the time. He stated that his movement out was not great but with the 3 runners on his outside in tight quarters, his movement snowballed into a far worse looking incident.
Submissions for Penalty:
Mr Oatham stated that Mr Cuneen’s clear record and with his ready admission, were mitigating factors. He stated that the carelessness was mid to low level with consequences at a high level. Mr Oatham submitted that a starting point of 7 to 8 days be considered and with all factors taken into consideration, a 6 national day suspension be considered as penalty.
Mr Cuneen, stated he believed the carelessness to be low range and after discussion on deferment, asked that any penalty start as soon as possible.
Reasons for Penalty:
This Committee assessed this breach as low range and accordingly adopted a 6 national day suspension.
We determined that the aggravating factor to consider was the consequences of Mr Cuneen’s carelessness, being the crowding and buffeting to three runners, and that this warranted an uplift. This uplift we set at 1 day. The mitigating factors are Mr Cuneen’s ready admission of the breach and his good record which warranted a combined discount. This discount we set at 1 day. We therefore determined that a 6 National Day suspension was an appropriate penalty in this case.
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: 4ccb2980ab14d18fc7b2b24311eb806f
informantnumber: A12837
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 26/10/2020
hearing_title: Canterbury JC 24 October 2020 - R 10 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 10, the NZB Ready to Run Sale Trainers Series R65, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr R Cuneen, alleging careless riding in that he angled his mount CLOONEY outwards crowding and checking SULU SEA, LEITRIM LAD and BLACKBOOK, passing the 400m, with all three runners buffeted and unbalanced.
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”
Mr Cuneen had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Cuneen also acknowledged that he understood the charge and the Rule it was brought under.
Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 400m, CLOONEY, ridden by Mr Cuneen, was racing two off the rail and mid field with SULU SEA (K Chowdhoory), LEITRIM LAD (L Callaway), and BLACKBOOK (J Lowry) racing to the outside of Mr Cuneen.
Mr Davidson pointed out Mr Cuneen, when looking for clear running, shift ground outwards when a gap appeared on the outside of ALL BLACK MAGIC (S Macnab), who he was trailing at the time. Mr Cuneen, he said, was not clear in this manoeuvre, and caused crowding and buffeting to the three runners, who were racing in tight quarters at the time, on his outside. Of particular note, Mr Davidson said, was that BLACKBOOK, who was slightly ahead of the other two runners, was turned sideways due to the outward movement, which made the incident look worse. He added that Mr Cuneen was a bare length in front of these runners when shifting out.
Mr Cuneen stated that the incident was on the point of the bend and when he shifted out, he thought he was clear at the time. He stated that his movement out was not great but with the 3 runners on his outside in tight quarters, his movement snowballed into a far worse looking incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cuneen had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Oatham stated that Mr Cuneen’s clear record and with his ready admission, were mitigating factors. He stated that the carelessness was mid to low level with consequences at a high level. Mr Oatham submitted that a starting point of 7 to 8 days be considered and with all factors taken into consideration, a 6 national day suspension be considered as penalty.
Mr Cuneen, stated he believed the carelessness to be low range and after discussion on deferment, asked that any penalty start as soon as possible.
reasonsforpenalty:
This Committee assessed this breach as low range and accordingly adopted a 6 national day suspension.
We determined that the aggravating factor to consider was the consequences of Mr Cuneen’s carelessness, being the crowding and buffeting to three runners, and that this warranted an uplift. This uplift we set at 1 day. The mitigating factors are Mr Cuneen’s ready admission of the breach and his good record which warranted a combined discount. This discount we set at 1 day. We therefore determined that a 6 National Day suspension was an appropriate penalty in this case.
penalty:
Mr Cuneen’s Class A Jockey licence is suspended from the conclusion of racing 26 October up to and including 5 November 2020.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr R Cuneen - Class A Rider
Otherperson: Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 96bd8cb1fa8ff4fa65df118e1a99df96
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cafde3412d101a0a94fb19f63cd983b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/10/2020
meet_title: Canterbury JC - 24 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: OJarvis
meet_pm2: none
name: Canterbury JC