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Dargaville RC 12 November 2010 – R 3

ID: JCA12491

Applicant:
Mr A Coles

Respondent(s):
Mr J McDonald

Other Person:
Mrs D Logan

Information Number:
7573

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Dargaville RC - 12 November 2010

Meet Chair:
BRowe

Meet Committee Member 1:
GTankard

Race Date:
2010/11/12

Race Number:
R 3

Decision:

This is a clear cut case. The charge is proven.

 

Penalty:

Balancing the above matters but with emphasis on the two most recent breaches for careless riding, Mr McDonald’s riders licence is suspended for 5days, commencing at the end of racing on 14th November and concluding at the end of racing on the 24th November 2010.

 

Charge:

Permitted his mount MYGOODGRACE to shift inwards near the 100metres when not sufficiently clear of SUNSETT ridden by Ms S Spratt which was checked.

Facts:

Stipendiary Steward Mr J Oatham showed and interpreted the video films of the incident. He said MYGOODGRACE was racing two off the fence outside SUNSETT.  SUNSETT moved outwards slightly and then MYGOODGRACE which was improving past SUNSETT moved inwards 2-3 horse widths and during that movement Mr McDonald continued urging his mount and using his whip. Ms Spratt had to check SUNSETT for 5-6 strides. He said MYGOODGRACE was at best about 1 length ahead of SUNSETT when it moved inwards. 

 
Ms Spratt confirmed the evidence of Mr Oatham. She confirmed to the chairman there had been contact between the two horses. 
 

Submissions for Decision:

Mr McDonald said his actions were not deliberate, his horse was having its third start and its first start left handed and had run in. He said the horse was a short priced favourite and he was doing his best to win the race. 

 
Summing up, Mr Coles said Ms Spratt was entitled to her line, MYGOODGRACE moved in two horse widths when not the required distance clear of SUNSETT – at least its own length and one other clear length - and Mr McDonald made no effort to straighten his mount. 
 
Ms Logan said there was movement from both inside and outside SUNSETT and there was no danger of SUNSETT clipping heels.
 

Reasons for Decision:

The evidence from the video films is clear cut and conclusive and confirms the evidence of Mr Oatham and Ms Spratt. Mr McDonald continued to ride his horse out whilst it was moving inwards, including using his whip. His obligation was to stop riding and straighten his mount.  MYGOODGRACE was not the required distance clear of SUNSETT before moving inwards. 

 

Submissions for Penalty:

Mr Coles said the offending was mid to lower on the scale of seriousness. He produced Mr McDonald’s riding record. This showed four breaches of the careless riding rule in the last 12months, including two breaches in the last 2months. On each occasion Mr McDonald had been suspended for 4days.  Mr Coles submitted that a suspension of 4-5days was appropriate. 

 
Ms Logan said Mr McDonald was the leading apprentice jockey and often rode favourites which in turn caused pressure on him as he was still a young person.
             

Reasons for Penalty:

In fixing penalty the committee takes into account the submissions of Mr Coles and Ms Logan, the riding record of Mr McDonald, and views the offending as mid range on the scale of seriousness.  The committee also takes into account that the minimum penalty for careless riding is a 4day suspension.

 

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: 623b3bbca2f5a10c59264c9a2472a528

informantnumber: 7573

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: denied

penaltyrequired: 1

decisiondate: 09/11/2010

hearing_title: Dargaville RC 12 November 2010 - R 3

charge:

Permitted his mount MYGOODGRACE to shift inwards near the 100metres when not sufficiently clear of SUNSETT ridden by Ms S Spratt which was checked.

facts:

Stipendiary Steward Mr J Oatham showed and interpreted the video films of the incident. He said MYGOODGRACE was racing two off the fence outside SUNSETT.  SUNSETT moved outwards slightly and then MYGOODGRACE which was improving past SUNSETT moved inwards 2-3 horse widths and during that movement Mr McDonald continued urging his mount and using his whip. Ms Spratt had to check SUNSETT for 5-6 strides. He said MYGOODGRACE was at best about 1 length ahead of SUNSETT when it moved inwards. 

 
Ms Spratt confirmed the evidence of Mr Oatham. She confirmed to the chairman there had been contact between the two horses. 
 

appealdecision:

isappeal:

submissionsfordecision:

Mr McDonald said his actions were not deliberate, his horse was having its third start and its first start left handed and had run in. He said the horse was a short priced favourite and he was doing his best to win the race. 

 
Summing up, Mr Coles said Ms Spratt was entitled to her line, MYGOODGRACE moved in two horse widths when not the required distance clear of SUNSETT – at least its own length and one other clear length - and Mr McDonald made no effort to straighten his mount. 
 
Ms Logan said there was movement from both inside and outside SUNSETT and there was no danger of SUNSETT clipping heels.
 

reasonsfordecision:

The evidence from the video films is clear cut and conclusive and confirms the evidence of Mr Oatham and Ms Spratt. Mr McDonald continued to ride his horse out whilst it was moving inwards, including using his whip. His obligation was to stop riding and straighten his mount.  MYGOODGRACE was not the required distance clear of SUNSETT before moving inwards. 

 

Decision:

This is a clear cut case. The charge is proven.

 

sumissionsforpenalty:

Mr Coles said the offending was mid to lower on the scale of seriousness. He produced Mr McDonald’s riding record. This showed four breaches of the careless riding rule in the last 12months, including two breaches in the last 2months. On each occasion Mr McDonald had been suspended for 4days.  Mr Coles submitted that a suspension of 4-5days was appropriate. 

 
Ms Logan said Mr McDonald was the leading apprentice jockey and often rode favourites which in turn caused pressure on him as he was still a young person.
             

reasonsforpenalty:

In fixing penalty the committee takes into account the submissions of Mr Coles and Ms Logan, the riding record of Mr McDonald, and views the offending as mid range on the scale of seriousness.  The committee also takes into account that the minimum penalty for careless riding is a 4day suspension.

 

penalty:

Balancing the above matters but with emphasis on the two most recent breaches for careless riding, Mr McDonald’s riders licence is suspended for 5days, commencing at the end of racing on 14th November and concluding at the end of racing on the 24th November 2010.

 

hearing_type: Hearing

Rules: 638(1)(d)

Informant: Mr A Coles

JockeysandTrainer: Mr J McDonald

Otherperson: Mrs D Logan

PersonPresent:

Respondent:

StipendSteward:

raceid: 33e524ca3c285fd5faae3e1480f47e13

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 3

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: e79071bd0a7b00f8c7c6178516c08f9b

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 12/11/2010

meet_title: Dargaville RC - 12 November 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: dargaville-rc

meet_racingtype: thoroughbred-racing

meet_chair: BRowe

meet_pm1: GTankard

meet_pm2: none

name: Dargaville RC