Matamata RC 22 July 2015 – R 3 – Chair, Mr A Dooley
ID: JCA12638
Code:
Thoroughbred
Meet Title:
Matamata RC - 22 July 2015
Meet Chair:
ADooley
Race Date:
2015/07/22
Race Number:
R3
Decision:
Ms Spratt had a duty of care to ensure she was the required distance clear before attempting to shift out. The video footage shows that Ms Spratt was not at least her own length and one other clear length in front of ABSOLUTE GEM at the time of crossing.
Accordingly, the Committee find the charged proved.
Penalty:
The Committee grant Ms Spratt’s request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, Ms Spratt had her license to ride in races suspended for a period to commence after racing on 25 July and conclude after racing on 31 July 2015 (4 North Island days).
Facts:
Following the running of race 3, Proisir @ Rich Hill Stud 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 300 metres S Spratt IT’S SLOTS OF FUN permitted her mount to shift outwards when not sufficiently clear of ABSOLUTE GEM (A Schwerin) which was checked.
Ms Spratt acknowledged that she understood the Rule.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Submissions for Decision:
Prior to the commencement of the hearing Ms Spratt advised the Committee that she did not wish to make a plea. Ms Spratt sought an adjournment to the hearing because she wanted to get a second opinion regarding the charge.
When asked to comment on Ms Spratt’s request Mr Oatham stated that it was generally accepted that careless riding charges were heard on a raceday. He believed it would be a dangerous precedent if the Committee granted an adjournment. He stated if Ms Spratt was not happy with the result she could appeal the decision. He said the Stewards could not see any reason for an adjournment.
The Committee asked Ms Spratt if there were any compelling reasons as to why the hearing could not proceed.
Ms Spratt said the outcome of the decision may affect her livelihood and the incident was not as simple as her mount moving out.
The Committee was mindful that on all occasions where a defendant is facing a serious charge he/she must be given the opportunity to have the hearing adjourned to take advice.
After careful consideration the Committee elected to proceed with the hearing as the careless riding charge was not deemed to be a serious. The Committee also concurred with the comments made by Mr Oatham.
The Committee advised Ms Spratt that an open mind approach would be adopted when conducting the hearing.
Mr Oatham told the Committee he would be showing 3 angles of the alleged incident and be calling Ms Schwerin as a witness.
The Committee notes at this point Ms Spratt endorsed the Information that she did not admit the breach.
The following are the salient points of a lengthy hearing which commenced after the last race.
Mr Coles identified the alleged incident by using the video footage. He demonstrated that Ms Spratt had her horse's head turned out and riding it forward near the 300 metres when coming across the heels of CELESTE ROSE (C Grylls). He said in doing so Ms Spratt was a bare length clear when shifting out which resulted in ABSOLUTE GEM being checked. He acknowledged that Ms Spratt did take corrective action albeit too late.
Mr Coles used the side – on film to show that ABSOLUTE GEM head was turned out to avoid IT’S SLOTS OF FUN when it shifted out. He said that Ms Spratt did take corrective action after the incident by turning her horse's head inwards. He identified that Ms Spratt attempted to straighten her mount and became unbalanced in the saddle.
Ms Spratt did not wish to cross examine Mr Coles.
Ms Schwerin stated that Ms Spratt had ducked out in front of her when no more than a bare length clear of her mount. Ms Schwerin also advised that she had to take a hold of her mount to avoid IT’S SLOTS OF FUN.
Under cross examination Ms Scherwin stated that the pressure she received from Ms Spratt was sudden and not gradual.
Ms Spratt stated that she came out for a run and her mount reacted adversely by ducking out when she got up to the heels of CELESTE ROSE. Ms Spratt identified this resulted in her shifting out to side of her saddle when moving to the outside of CELESTE ROSE. She believed ABSOLUTE GEM was battling at that point in the race when it was checked.
Ms Spratt also stated that IT’S SLOTS OF FUN raced greenly prior to the incident and it was inclined to shift away from other horses.
Mr Oatham in summing up submitted that it seems to be accepted by all parties that interference occurred when Ms Spratt was no more than 1 length clear of ABSOLUTE GEM. He said that Ms Spratt had IT’S SLOTS OF FUN's head turned out and riding forward with an intent to come to the outside CELESTE ROSE. He said Ms Schwerin was already taking corrective action when Ms Spratt was clearly looking to get to the outside. He said Ms Schwerin was entitled to her rightful running line and acknowledged that Ms Spratt tried to take a hold of her mount but it was too late.
Mr Oatham finally submitted that by Ms Spratt’s own admission her horse had raced greenly earlier in the race and therefore she should have exercised more care.
Ms Spratt in summing up submitted that it was the racing manners of IT’S SLOTS OF FUN which caused the interference and not her carelessness. She reiterated the outward shift was sudden.
Both Ms Spratt and Mr Oatham acknowledged that they had been given a fair hearing.
Reasons for Decision:
The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video footage several times the Committee established that Ms Spratt was racing in a position 1 off the rail passing the 400 metres. The head on film showed that near the 300 metres Ms Spratt directed her mount out and she shifted out about 2 horse widths to a point behind CELESTE ROSE. At this stage in the race Ms Spratt was riding her mount forward with IT’S SLOTS OF FUN's head turned outwards when shifting ground. In doing so Ms Spratt was only a bare length clear of ABSOLUTE GEM which received a minor check. It is clear after the incident IT’S SLOTS OF FUN reacted unfavourably when shifting out a further 4 horse widths when Ms Spratt attempted to take some corrective action albeit too late.
The Committee did identify on the head – on film that when Ms Spratt directed her mount to the outside of CELSETE ROSE there was a clear uninterrupted run available to that horse's inside.
The Committee did consider Ms Spratt’s view that the racing manners of her mount resulted in the interference occurring. However, the video footage when synchronised did not support this although the Committee did establish that there were some mitigating factors that will be reflected in the proposed penalty.
Submissions for Penalty:
Mr Oatham produced Ms Spratt’s record which showed 7 previous breaches under this Rule in the last 12 months, the most recent being17 June 2015 which attracted a 5 day suspension. He said the Stewards believe Ms Spratt was careless in directing her mount outwards when not the required distance clear. He accepted that IT’S SLOTS OF FUN contributed to the interference and when Ms Spratt went to correct her mount the incident looked worse when her mount shifted out further.
Ms Spratt advised that she had upcoming engagements at Ruakaka on 25 July, and sought a deferment to any proposed suspension. She expressed concerns at being charged today when other riders are given warnings which has led to her incurring an inferior record. Ms Spratt submitted it was the racing manners of her mount that caused the interference which she believed was low end.
Ms Spratt acknowledged that she has ridden all over the North Island.
Reasons for Penalty:
Ms Spratt chose not to be present after submissions for penalty.
The Committee earlier advised Ms Spratt that she would not be penalised for denying the breach but she loses the benefit of a discount on penalty that might otherwise have been given for an admission of a breach.
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were the level of carelessness was low end which resulted in ABSOLUTE GEM receiving a minor check. The Committee did take into account that IT’S SLOTS OF FUN was having its first start and the horse's racing manners were wayward after coming off the heels of CELESTE ROSE. However, at that point the low end interference had already occurred.
The clear aggravating fact was Ms Spratt’s record which the Committee assess as very poor.
The Committee was satisfied that Ms Spratt has a recent history of riding all over the North Island.
After taking into account all the above and placing emphasis on the mitigating factors the Committee consider a reduction in penalty was appropriate on this occasion for this particular breach.
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: 42aa1263ee1630362e47617a63eb9ace
informantnumber: A6915
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 23/07/2015
hearing_title: Matamata RC 22 July 2015 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Proisir @ Rich Hill Stud 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 300 metres S Spratt IT’S SLOTS OF FUN permitted her mount to shift outwards when not sufficiently clear of ABSOLUTE GEM (A Schwerin) which was checked.
Ms Spratt acknowledged that she understood the Rule.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
appealdecision:
isappeal:
submissionsfordecision:
Prior to the commencement of the hearing Ms Spratt advised the Committee that she did not wish to make a plea. Ms Spratt sought an adjournment to the hearing because she wanted to get a second opinion regarding the charge.
When asked to comment on Ms Spratt’s request Mr Oatham stated that it was generally accepted that careless riding charges were heard on a raceday. He believed it would be a dangerous precedent if the Committee granted an adjournment. He stated if Ms Spratt was not happy with the result she could appeal the decision. He said the Stewards could not see any reason for an adjournment.
The Committee asked Ms Spratt if there were any compelling reasons as to why the hearing could not proceed.
Ms Spratt said the outcome of the decision may affect her livelihood and the incident was not as simple as her mount moving out.
The Committee was mindful that on all occasions where a defendant is facing a serious charge he/she must be given the opportunity to have the hearing adjourned to take advice.
After careful consideration the Committee elected to proceed with the hearing as the careless riding charge was not deemed to be a serious. The Committee also concurred with the comments made by Mr Oatham.
The Committee advised Ms Spratt that an open mind approach would be adopted when conducting the hearing.
Mr Oatham told the Committee he would be showing 3 angles of the alleged incident and be calling Ms Schwerin as a witness.
The Committee notes at this point Ms Spratt endorsed the Information that she did not admit the breach.
The following are the salient points of a lengthy hearing which commenced after the last race.
Mr Coles identified the alleged incident by using the video footage. He demonstrated that Ms Spratt had her horse's head turned out and riding it forward near the 300 metres when coming across the heels of CELESTE ROSE (C Grylls). He said in doing so Ms Spratt was a bare length clear when shifting out which resulted in ABSOLUTE GEM being checked. He acknowledged that Ms Spratt did take corrective action albeit too late.
Mr Coles used the side – on film to show that ABSOLUTE GEM head was turned out to avoid IT’S SLOTS OF FUN when it shifted out. He said that Ms Spratt did take corrective action after the incident by turning her horse's head inwards. He identified that Ms Spratt attempted to straighten her mount and became unbalanced in the saddle.
Ms Spratt did not wish to cross examine Mr Coles.
Ms Schwerin stated that Ms Spratt had ducked out in front of her when no more than a bare length clear of her mount. Ms Schwerin also advised that she had to take a hold of her mount to avoid IT’S SLOTS OF FUN.
Under cross examination Ms Scherwin stated that the pressure she received from Ms Spratt was sudden and not gradual.
Ms Spratt stated that she came out for a run and her mount reacted adversely by ducking out when she got up to the heels of CELESTE ROSE. Ms Spratt identified this resulted in her shifting out to side of her saddle when moving to the outside of CELESTE ROSE. She believed ABSOLUTE GEM was battling at that point in the race when it was checked.
Ms Spratt also stated that IT’S SLOTS OF FUN raced greenly prior to the incident and it was inclined to shift away from other horses.
Mr Oatham in summing up submitted that it seems to be accepted by all parties that interference occurred when Ms Spratt was no more than 1 length clear of ABSOLUTE GEM. He said that Ms Spratt had IT’S SLOTS OF FUN's head turned out and riding forward with an intent to come to the outside CELESTE ROSE. He said Ms Schwerin was already taking corrective action when Ms Spratt was clearly looking to get to the outside. He said Ms Schwerin was entitled to her rightful running line and acknowledged that Ms Spratt tried to take a hold of her mount but it was too late.
Mr Oatham finally submitted that by Ms Spratt’s own admission her horse had raced greenly earlier in the race and therefore she should have exercised more care.
Ms Spratt in summing up submitted that it was the racing manners of IT’S SLOTS OF FUN which caused the interference and not her carelessness. She reiterated the outward shift was sudden.
Both Ms Spratt and Mr Oatham acknowledged that they had been given a fair hearing.
reasonsfordecision:
The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video footage several times the Committee established that Ms Spratt was racing in a position 1 off the rail passing the 400 metres. The head on film showed that near the 300 metres Ms Spratt directed her mount out and she shifted out about 2 horse widths to a point behind CELESTE ROSE. At this stage in the race Ms Spratt was riding her mount forward with IT’S SLOTS OF FUN's head turned outwards when shifting ground. In doing so Ms Spratt was only a bare length clear of ABSOLUTE GEM which received a minor check. It is clear after the incident IT’S SLOTS OF FUN reacted unfavourably when shifting out a further 4 horse widths when Ms Spratt attempted to take some corrective action albeit too late.
The Committee did identify on the head – on film that when Ms Spratt directed her mount to the outside of CELSETE ROSE there was a clear uninterrupted run available to that horse's inside.
The Committee did consider Ms Spratt’s view that the racing manners of her mount resulted in the interference occurring. However, the video footage when synchronised did not support this although the Committee did establish that there were some mitigating factors that will be reflected in the proposed penalty.
Decision:
Ms Spratt had a duty of care to ensure she was the required distance clear before attempting to shift out. The video footage shows that Ms Spratt was not at least her own length and one other clear length in front of ABSOLUTE GEM at the time of crossing.
Accordingly, the Committee find the charged proved.
sumissionsforpenalty:
Mr Oatham produced Ms Spratt’s record which showed 7 previous breaches under this Rule in the last 12 months, the most recent being17 June 2015 which attracted a 5 day suspension. He said the Stewards believe Ms Spratt was careless in directing her mount outwards when not the required distance clear. He accepted that IT’S SLOTS OF FUN contributed to the interference and when Ms Spratt went to correct her mount the incident looked worse when her mount shifted out further.
Ms Spratt advised that she had upcoming engagements at Ruakaka on 25 July, and sought a deferment to any proposed suspension. She expressed concerns at being charged today when other riders are given warnings which has led to her incurring an inferior record. Ms Spratt submitted it was the racing manners of her mount that caused the interference which she believed was low end.
Ms Spratt acknowledged that she has ridden all over the North Island.
reasonsforpenalty:
Ms Spratt chose not to be present after submissions for penalty.
The Committee earlier advised Ms Spratt that she would not be penalised for denying the breach but she loses the benefit of a discount on penalty that might otherwise have been given for an admission of a breach.
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were the level of carelessness was low end which resulted in ABSOLUTE GEM receiving a minor check. The Committee did take into account that IT’S SLOTS OF FUN was having its first start and the horse's racing manners were wayward after coming off the heels of CELESTE ROSE. However, at that point the low end interference had already occurred.
The clear aggravating fact was Ms Spratt’s record which the Committee assess as very poor.
The Committee was satisfied that Ms Spratt has a recent history of riding all over the North Island.
After taking into account all the above and placing emphasis on the mitigating factors the Committee consider a reduction in penalty was appropriate on this occasion for this particular breach.
penalty:
The Committee grant Ms Spratt’s request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, Ms Spratt had her license to ride in races suspended for a period to commence after racing on 25 July and conclude after racing on 31 July 2015 (4 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Ms S Spratt - Licensed Jockey
Otherperson: Ms A Schwerin - Apprentice Rider of ABSOLUTE GEM, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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race_title: R3
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meet_title: Matamata RC - 22 July 2015
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