Canterbury R 6 October 2018 – R 2 – Chair, Mr S Ching
ID: JCA12515
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 6 October 2018
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2018/10/06
Race Number:
R2
Decision:
As Miss Comignaghi had admitted the breach, the charge was found proved.
Penalty:
Miss Comignaghi’s Class B Jockeys licence is suspended from the conclusion of racing 9 October up to and including 17 October 2018.
Facts:
Following the running of Race 2, the Pryde’s Easifeed Maiden, an Information was filed by Stipendiary Steward, Mr M Williamson, against Class B Rider, Miss T Comignaghi alleging careless riding in that she permitted her mount, UBETIAM, to shift in when not clear of SUFFRAGETTE, ridden by Mr A Calder, which was checked passing the 1100m.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Comignaghi had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Comignaghi also agreed that she understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Comignaghi at the hearing.
Mr Williamson gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that nearing the 1100m, UBETIAM, ridden by Miss Comignaghi was racing on the outside of the leader, SUFFRAGETTE, ridden by Mr A Calder. Mr Davidson pointed out on the videos, Miss Comignaghi, improve forward on the outside of Mr Calder and shift across to assume the lead. Mr Davidson said Miss Comignaghi was not clear when shifting in and was at best a bare length ahead of Mr Calder, not the clearance required under the rules, resulting in him having to check. He said when Mr Calder restrained his mount, his mount over reacted and threw its head in the air a number of times. However, Mr Davidson said, Miss Comignaghi was not clear in this manoeuvre when crossing Mr Calder.
Mr Walsh said it was clear cut Miss Comignaghi had shifted across when not clear. He said Mr Calder’s horse did over react, when being restrained which may not have happened had the horse come back to him as normal. He said there was a small degree of carelessness by Miss Comignaghi but with Mr Calder’s horse overreacting, made the incident look worse than it was.
Submissions for Penalty:
Mr Williamson stated that Miss Comignaghi’s record showed she had received a 6 National day suspension on 7 April 2018 at Riccarton, a 7 National day suspension on 29 April 2018 at Marlborough, 5 months prior, and just recently, a 5-day suspension at Riccarton on 22 September. Mr Williamson said the breach was low range with the JCA Penalty guide providing a 6 national day starting point. He said that consideration also be given to Miss Comignaghi’s ready admission of the breach and her penalty record which was slightly worse than neutral, as factors to consider in penalty.
Miss Comignaghi and Mr Walsh elected to make no submissions on penalty.
Deferment was discussed with Miss Comignaghi opting to take any suspension as soon as possible which would be after the continuation of today’s meeting on Tuesday 9 October.
Reasons for Penalty:
The JCA Penalty Guide for a low-range breach of this rule is a 6 National day suspension. The Committee also assessed this breach as low-range and therefore adopted the 6 National day starting point. Miss Comignaghi’s record showed 3 breaches over the past 12 months being 6 days at Riccarton on 7 April, 7 days at Marlborough on 29 April and only 2 weeks prior, a 5-day suspension at Riccarton on 22 September. Her most recent suspension is an aggravating factor which we determined, warranted an uplift in penalty, which we set at 1 day. We were, however, able to afford Miss Comignaghi, a discount for her frank admission of the breach which 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: 660076b40f8e8ba0a05ed27945ceb6bb
informantnumber: A11063
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 638(1)(d)-Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2018
hearing_title: Canterbury R 6 October 2018 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Pryde’s Easifeed Maiden, an Information was filed by Stipendiary Steward, Mr M Williamson, against Class B Rider, Miss T Comignaghi alleging careless riding in that she permitted her mount, UBETIAM, to shift in when not clear of SUFFRAGETTE, ridden by Mr A Calder, which was checked passing the 1100m.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Comignaghi had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Comignaghi also agreed that she understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Comignaghi at the hearing.
Mr Williamson gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that nearing the 1100m, UBETIAM, ridden by Miss Comignaghi was racing on the outside of the leader, SUFFRAGETTE, ridden by Mr A Calder. Mr Davidson pointed out on the videos, Miss Comignaghi, improve forward on the outside of Mr Calder and shift across to assume the lead. Mr Davidson said Miss Comignaghi was not clear when shifting in and was at best a bare length ahead of Mr Calder, not the clearance required under the rules, resulting in him having to check. He said when Mr Calder restrained his mount, his mount over reacted and threw its head in the air a number of times. However, Mr Davidson said, Miss Comignaghi was not clear in this manoeuvre when crossing Mr Calder.
Mr Walsh said it was clear cut Miss Comignaghi had shifted across when not clear. He said Mr Calder’s horse did over react, when being restrained which may not have happened had the horse come back to him as normal. He said there was a small degree of carelessness by Miss Comignaghi but with Mr Calder’s horse overreacting, made the incident look worse than it was.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Comignaghi had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Williamson stated that Miss Comignaghi’s record showed she had received a 6 National day suspension on 7 April 2018 at Riccarton, a 7 National day suspension on 29 April 2018 at Marlborough, 5 months prior, and just recently, a 5-day suspension at Riccarton on 22 September. Mr Williamson said the breach was low range with the JCA Penalty guide providing a 6 national day starting point. He said that consideration also be given to Miss Comignaghi’s ready admission of the breach and her penalty record which was slightly worse than neutral, as factors to consider in penalty.
Miss Comignaghi and Mr Walsh elected to make no submissions on penalty.
Deferment was discussed with Miss Comignaghi opting to take any suspension as soon as possible which would be after the continuation of today’s meeting on Tuesday 9 October.
reasonsforpenalty:
The JCA Penalty Guide for a low-range breach of this rule is a 6 National day suspension. The Committee also assessed this breach as low-range and therefore adopted the 6 National day starting point. Miss Comignaghi’s record showed 3 breaches over the past 12 months being 6 days at Riccarton on 7 April, 7 days at Marlborough on 29 April and only 2 weeks prior, a 5-day suspension at Riccarton on 22 September. Her most recent suspension is an aggravating factor which we determined, warranted an uplift in penalty, which we set at 1 day. We were, however, able to afford Miss Comignaghi, a discount for her frank admission of the breach which we set at 1 day.
We therefore determined that a 6 National-day suspension was an appropriate penalty in this case.
penalty:
Miss Comignaghi’s Class B Jockeys licence is suspended from the conclusion of racing 9 October up to and including 17 October 2018.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: M Williamson- Stipendiary Steward
JockeysandTrainer: T Comignaghi-Class B Rider
Otherperson: D Walsh- Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 4538e87e0543e653f66e0538c54c8792
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5dc814916dd8fa53c1d9e1cbcfb4335e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/10/2018
meet_title: Canterbury Racing - 6 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury Racing