Archive Decision

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Avondale JC 15 July 2016 – R 6 – Chair, Mr A Dooley

ID: JCA12446

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr S Weatherley - Apprentice Rider of PERSUASIVE

Other Person:
Mr A Scott - Trainer assisting Mr Weatherley, Mr J Oatham - Senior Stipendiary Steward

Information Number:
A7871

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 15 July 2016

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2016/07/15

Race Number:
R6

Decision:

As Mr Weatherley admitted the breach the Committee find the charge proved.

Penalty:

We grant Mr Weatherley’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, Mr Weatherley had his license to ride in races suspended for a period to commence after racing on 20 July and conclude after racing on 27 July 2016 (4 North Island days).

That period of suspension encompasses meetings at Hastings 21 July, Whangarei 23 July, Te Aroha 24 July and Te Awamutu 27 July.


 

Facts:

Following the running of race 6, AJC on Facebook 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Weatherley permitted his mount PERSUASIVE to shift inwards when not sufficiently clear of LATIN ROSE which was checked near the 900 metres with SHEBANG being hampered as a result.

Mr Weatherley acknowledged that he understood the Rule and confirmed his admission of the breach. Mr A Scott assisted Mr Weatherley at the hearing.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Oatham demonstrated the incident using the available video films. He pointed out that approaching the 900 metres Mr Weatherley permitted his mount to shift into the line of LATIN ROSE when not the required distance clear. He identified on the side on film that LATIN ROSE went back quite sharply and lost between 2 to 3 lengths. He said Mr Weatherley tried to correct his mount but it was too late.

Mr Weatherley told the Committee that he angled his mount inwards to obtain some cover and stated he shifted in a little bit too sharp. He said that he tried to straighten up his mount but the interference had already occurred.

Mr Scott had nothing further to add.

Submissions for Penalty:

Mr Coles produced Mr Weatherley’s record which showed no previous breach under this Rule from his 68 raceday rides. He said Mr Weatherley has been having a bit of success and he was a keen young Apprentice. He stated the breach occurred because Mr Weatherley misjudged the distance when permitting his horse to shift in.

Mr Coles assessed the level of carelessness to be in the low to mid – range and submitted a 4 day suspension.

Mr Weatherley advised that he had upcoming engagements at Matamata on 20 July, and sought a deferment to any proposed suspension. He confirmed that he has a recent history of riding in the Central Districts on Industry days.

Mr Scott submitted that Mr Weatherley simply misjudged the distance when shifting in and there was nothing sinister in his actions. He asked the Committee to consider a 3 day suspension because the charge was Mr Weatherley’s first breach of this Rule.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension.
The mitigating factors were Mr Weatherley’s admission of the breach and his clear record under this Rule from just 68 rides for which he has been given credit. However, this has to be balanced against the consequences of Mr Weatherley’s actions which resulted in LATIN ROSE being checked and losing 3 lengths. We assess the level of carelessness was low but the impact was mid – range because of the amount of ground LATIN ROSE lost. We note that SHEBANG was hampered to a lesser degree when LATIN ROSE shifted in.

The Committee was satisfied that Mr Weatherley has a recent history of riding in the Central Districts on Industry days.

The Committee explained to Mr Scott and Mr Weatherley that the impact of the interference did not meet the criteria to warrant a 3 day suspension.

After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.

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: 5d4aeba7b491b3741d148b723294774b


informantnumber: A7871


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 16/07/2016


hearing_title: Avondale JC 15 July 2016 - R 6 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 6, AJC on Facebook 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Weatherley permitted his mount PERSUASIVE to shift inwards when not sufficiently clear of LATIN ROSE which was checked near the 900 metres with SHEBANG being hampered as a result.

Mr Weatherley acknowledged that he understood the Rule and confirmed his admission of the breach. Mr A Scott assisted Mr Weatherley at the hearing.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Oatham demonstrated the incident using the available video films. He pointed out that approaching the 900 metres Mr Weatherley permitted his mount to shift into the line of LATIN ROSE when not the required distance clear. He identified on the side on film that LATIN ROSE went back quite sharply and lost between 2 to 3 lengths. He said Mr Weatherley tried to correct his mount but it was too late.

Mr Weatherley told the Committee that he angled his mount inwards to obtain some cover and stated he shifted in a little bit too sharp. He said that he tried to straighten up his mount but the interference had already occurred.

Mr Scott had nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Weatherley admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr Weatherley’s record which showed no previous breach under this Rule from his 68 raceday rides. He said Mr Weatherley has been having a bit of success and he was a keen young Apprentice. He stated the breach occurred because Mr Weatherley misjudged the distance when permitting his horse to shift in.

Mr Coles assessed the level of carelessness to be in the low to mid – range and submitted a 4 day suspension.

Mr Weatherley advised that he had upcoming engagements at Matamata on 20 July, and sought a deferment to any proposed suspension. He confirmed that he has a recent history of riding in the Central Districts on Industry days.

Mr Scott submitted that Mr Weatherley simply misjudged the distance when shifting in and there was nothing sinister in his actions. He asked the Committee to consider a 3 day suspension because the charge was Mr Weatherley’s first breach of this Rule.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension.
The mitigating factors were Mr Weatherley’s admission of the breach and his clear record under this Rule from just 68 rides for which he has been given credit. However, this has to be balanced against the consequences of Mr Weatherley’s actions which resulted in LATIN ROSE being checked and losing 3 lengths. We assess the level of carelessness was low but the impact was mid – range because of the amount of ground LATIN ROSE lost. We note that SHEBANG was hampered to a lesser degree when LATIN ROSE shifted in.

The Committee was satisfied that Mr Weatherley has a recent history of riding in the Central Districts on Industry days.

The Committee explained to Mr Scott and Mr Weatherley that the impact of the interference did not meet the criteria to warrant a 3 day suspension.

After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.


penalty:

We grant Mr Weatherley’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, Mr Weatherley had his license to ride in races suspended for a period to commence after racing on 20 July and conclude after racing on 27 July 2016 (4 North Island days).

That period of suspension encompasses meetings at Hastings 21 July, Whangarei 23 July, Te Aroha 24 July and Te Awamutu 27 July.


 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr S Weatherley - Apprentice Rider of PERSUASIVE


Otherperson: Mr A Scott - Trainer assisting Mr Weatherley, Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e6a7d693260bfa381f3a3e50218a1e3b


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


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race_km:


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meetdate: 15/07/2016


meet_title: Avondale JC - 15 July 2016


meet_expappcomment:


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tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Avondale JC