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.

Banks Peninsula RC 3 April 2011 – R 10

ID: JCA12378

Applicant:
M Davidson (Stipendiary Steward)

Respondent(s):
J Bullard

Information Number:
6976

Hearing Type:
Hearing

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Banks Peninsula RC - 3 April 2011

Meet Chair:
KHales

Meet Committee Member 1:
PRosanowski

Race Date:
2011/04/03

Race Number:
R10

Decision:

As Mr Bullard admitted the charge, it was deemed proved.

Penalty:

Mr Bullard is suspended from race riding for a period of 6 race days. He has applied for a 7 day suspension of the coming into effect of the penalty, as he has riding engagements at Canterbury Park on Saturday 9th April and at Wingatui on Sunday 10th April. Mr Davidson confirmed that to the hearing. Mr Bullard's application for a deferment is granted.
 
Therefore, Mr Bullard is suspended from race riding from the conclusion of racing on Sunday 10 April 2011 until the conclusion of racing on Thursday 21 April 2011 - 6 days. This period of suspension encompasses meeting at Otaki 13th, Riverton 14th, Rotorua 15th Canterbury Racing 16th, Te Aroha, 20th and Palmerston North 21st April

Charge:

It was alleged that J Bullard, rider of "Wine'nsoda" allowed his mount to shift inwards near the 700 metres causing "Lamaze" (N Collett) to be checked and unbalanced.

Facts:

Mr Davidson requested Mr J McLaughlin, Stipendiary Steward to demonstrate the incident on the video coverage of the race. Three separate views were shown, from the head-on, rear view, and side-on cameras.
 
As the field was nearing the 700 metres mark, the defendant, who was riding "Wine'nsoda" was racing  approximately 2 horse widths off the rail. As the bend approached Mr Bullard moved his mount across the running line of "Lamaze" when not his own horse length and another length clear. As a consequence of this, "Lamaze" was checked and lost considerable ground.
 
In response to the allegations, Mr Bullard agreed that he had come across Ms Collettt's line in the manner described. He said that Ms Collett had her mount under a "strangle-hold" and did call out when "Lamaze" was "tightened". He acknowledged that by the time Ms Collett called out, that it was too late as the damage had been done.

Submissions for Penalty:

Mr Davidson told the hearing that Mr Bullard rode on a national basis. He said that in the Stipendiary Stewards opinion, Mr Bullard's degree of carelessness was, "mid-range." He further said that Mr Bullard has been suspended twice in the last twelve months but that the last time was in September 2010. He is a busy rider. Mr Davidson submitted that  a suspension of 5-6 days (national) should be imposed.
 
In response, Mr Bullard agreed that a suspension was warranted, but did not have a submission to make as to the length of the suspension.

Reasons for Penalty:

We agree that Mr Bullard's degree of carelessness was mid-range. It occurred almost on the point of the turn for home, and as a result of the quite significant check received by Ms Collett, her safety and that of other riders was compromised.  We consider the starting point for the length of suspension to be 7 days. Mr Bullard has had two suspensions in the last 12 months of 5 days and 4 days respectively. There was quite a significant check to "Lamaze". They are the aggravating factors.
 
Against that,are mitigating factors which are, Mr Bullard's prompt admission of the charge, and the fact that he has had a lot of rides since his last suspension which was in September 2010.
 
Taking the aggravating and mitigating factors into account, we are able to allow a discount of one day.  We accept that Mr Bullard rides on a national basis.

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: 5520ba80d11cfe4ebd21c8ce451d0aed


informantnumber: 6976


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Banks Peninsula RC 3 April 2011 - R 10


charge:

It was alleged that J Bullard, rider of "Wine'nsoda" allowed his mount to shift inwards near the 700 metres causing "Lamaze" (N Collett) to be checked and unbalanced.


facts:

Mr Davidson requested Mr J McLaughlin, Stipendiary Steward to demonstrate the incident on the video coverage of the race. Three separate views were shown, from the head-on, rear view, and side-on cameras.
 
As the field was nearing the 700 metres mark, the defendant, who was riding "Wine'nsoda" was racing  approximately 2 horse widths off the rail. As the bend approached Mr Bullard moved his mount across the running line of "Lamaze" when not his own horse length and another length clear. As a consequence of this, "Lamaze" was checked and lost considerable ground.
 
In response to the allegations, Mr Bullard agreed that he had come across Ms Collettt's line in the manner described. He said that Ms Collett had her mount under a "strangle-hold" and did call out when "Lamaze" was "tightened". He acknowledged that by the time Ms Collett called out, that it was too late as the damage had been done.

appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bullard admitted the charge, it was deemed proved.


sumissionsforpenalty:

Mr Davidson told the hearing that Mr Bullard rode on a national basis. He said that in the Stipendiary Stewards opinion, Mr Bullard's degree of carelessness was, "mid-range." He further said that Mr Bullard has been suspended twice in the last twelve months but that the last time was in September 2010. He is a busy rider. Mr Davidson submitted that  a suspension of 5-6 days (national) should be imposed.
 
In response, Mr Bullard agreed that a suspension was warranted, but did not have a submission to make as to the length of the suspension.

reasonsforpenalty:

We agree that Mr Bullard's degree of carelessness was mid-range. It occurred almost on the point of the turn for home, and as a result of the quite significant check received by Ms Collett, her safety and that of other riders was compromised.  We consider the starting point for the length of suspension to be 7 days. Mr Bullard has had two suspensions in the last 12 months of 5 days and 4 days respectively. There was quite a significant check to "Lamaze". They are the aggravating factors.
 
Against that,are mitigating factors which are, Mr Bullard's prompt admission of the charge, and the fact that he has had a lot of rides since his last suspension which was in September 2010.
 
Taking the aggravating and mitigating factors into account, we are able to allow a discount of one day.  We accept that Mr Bullard rides on a national basis.

penalty:

Mr Bullard is suspended from race riding for a period of 6 race days. He has applied for a 7 day suspension of the coming into effect of the penalty, as he has riding engagements at Canterbury Park on Saturday 9th April and at Wingatui on Sunday 10th April. Mr Davidson confirmed that to the hearing. Mr Bullard's application for a deferment is granted.
 
Therefore, Mr Bullard is suspended from race riding from the conclusion of racing on Sunday 10 April 2011 until the conclusion of racing on Thursday 21 April 2011 - 6 days. This period of suspension encompasses meeting at Otaki 13th, Riverton 14th, Rotorua 15th Canterbury Racing 16th, Te Aroha, 20th and Palmerston North 21st April

hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: M Davidson (Stipendiary Steward)


JockeysandTrainer: J Bullard


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 77b75fb3ecd85fb9c0ac50379866428d


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: eac46452f148a02e685836d0074345df


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/04/2011


meet_title: Banks Peninsula RC - 3 April 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "KHales", "Member": "", "OtherExpenses": "0", "KMs": "122", "Total": "75.64", "kmprice": 75.640000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: banks-peninsula-rc


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: PRosanowski


meet_pm2: none


name: Banks Peninsula RC