Canterbury R 5 April 2014 – R 3
ID: JCA12673
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 5 April 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/04/05
Race Number:
R 3
Decision:
The charge was found to be proved.
Penalty:
We therefore determined that Miss Morgan’s Apprentice Jockey's licence be suspended from the conclusion of racing on 5 April 2014 until the conclusion of racing on 17 April 2014 which encompasses the days racing at Dunedin 10 April, Christchurch 12 April and Taranaki 17 April 2014.
Facts:
Following the running of Race 3, the nztba.co.nz Promotes South Island Racing Rating 65, an Information was filed by Stipendiary Steward, Mr M Zarb, against Class B Rider, Miss A Morgan, the rider of CARNIVA BOY, alleging careless riding near the 1400m, in that Miss Morgan allowed her mount to shift inwards when insufficiently clear of ISHIGOLD, which was crowded inwards onto FALZANO resulting in both horses being checked.
Rule 638(1)(d) reads as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Morgan had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Morgan also agreed that she understood the charge and the Rule it was brought under. Miss Morgan was assisted at the hearing by her employer Mr M Pitman.
Mr Zarb gave evidence and used video coverage to show that near the 1400m and shortly after the start, CARNIVA BOY, ridden by Miss Morgan, was racing 3 from the outside and angling in to take up a position nearer the rail. Miss Morgan continued on shifting inwards on an acute angle and crowded ISHIGOLD, ridden by Mr M Cropp, when not sufficiently clear of that horse. ISHIGOLD was crowded inwards onto FALZANO, ridden by Miss C Barnes, and as a result both horses were checked. Mr Zarb demonstrated on the side on film that Miss Morgan was only a bare length ahead of ISHIGOLD who was in turn not clear of FALZANO. Mr Zarb submitted that Miss Morgan took corrective action when she realised she was not clear but this was too late and after the interference had taken place.
Mr Pitman, on behalf of Miss Morgan, stated that ISHIGOLD had shifted in and made contact with FALZANO prior to Miss Morgan shifting in and crowding both runners. He said the interference had already occurred before Miss Morgan got to the outside of ISHIGOLD. Mr Pitman stated that Miss Morgan had admitted the breach as she was not clear as required by the rules. He submitted that the interference was at the lower level and it was a minor misjudgement.
As Miss Morgan had admitted this breach of the Rules it was found to be proved.
Submissions for Penalty:
Mr Zarb submitted that Miss Morgan was a successful Apprentice Jockey. In her career Miss Morgan had received two suspensions, both in the previous 12 months, being a 4 day suspension at Banks Peninsula on 3 November 2013 and a 3 day suspension at Invercargill on 15 February 2014. Mr Zarb stated that the degree of carelessness and consequences of that interference was at a low level. Mr Zarb submitted that a 3 to 4 day suspension be considered as penalty in this case.
Mr Pitman submitted that a minimal penalty of 2 days be imposed as the interference was at a low level and Miss Morgan had admitted the breach. Mr Pitman stated that Miss Morgan was predominately a South Island rider but rode in the Central Districts occasionally. The issue of deferment was discussed at length with Mr Pitman seeking to hold back on making a decision just in case Miss Morgan was suspended on another charge to be heard later in the day. The Committee advised Mr Pitman that that was not an option that if they wished to take the option of a deferment, that decision had to be made now. Mr Pitman and Miss Morgan did not take up the option of a deferment of penalty and wished the period of suspension to begin immediately.
Mr Zarb challenged that Miss Morgan be considered a Central Districts rider. He conceded that she rode there from time to time but was not a regular rider in the Central Districts. However, the Committee accepted Mr Pitman’s submission that she rode in the Central Districts from time to time.
Reasons for Penalty:
In determining penalty the Committee took into consideration Miss Morgan’s previous breaches in November 2013 and February 2014. In taking the JCA Penalty Guide starting point of 5 days we were able to give Miss Morgan a discount of 1 day for her admission of the breach and a further day for the low level of her carelessness and consequences of the interference. We were not able to allow any further discount due to Miss Morgan’s penalty record and therefore determined that a 3 day suspension was an appropriate penalty.
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: 4836d51fa8be73ff69e8ec95bb5ae1d1
informantnumber: A6229
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 638(1)(d) - Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 07/04/2014
hearing_title: Canterbury R 5 April 2014 - R 3
charge:
facts:
Following the running of Race 3, the nztba.co.nz Promotes South Island Racing Rating 65, an Information was filed by Stipendiary Steward, Mr M Zarb, against Class B Rider, Miss A Morgan, the rider of CARNIVA BOY, alleging careless riding near the 1400m, in that Miss Morgan allowed her mount to shift inwards when insufficiently clear of ISHIGOLD, which was crowded inwards onto FALZANO resulting in both horses being checked.
Rule 638(1)(d) reads as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Morgan had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Morgan also agreed that she understood the charge and the Rule it was brought under. Miss Morgan was assisted at the hearing by her employer Mr M Pitman.
Mr Zarb gave evidence and used video coverage to show that near the 1400m and shortly after the start, CARNIVA BOY, ridden by Miss Morgan, was racing 3 from the outside and angling in to take up a position nearer the rail. Miss Morgan continued on shifting inwards on an acute angle and crowded ISHIGOLD, ridden by Mr M Cropp, when not sufficiently clear of that horse. ISHIGOLD was crowded inwards onto FALZANO, ridden by Miss C Barnes, and as a result both horses were checked. Mr Zarb demonstrated on the side on film that Miss Morgan was only a bare length ahead of ISHIGOLD who was in turn not clear of FALZANO. Mr Zarb submitted that Miss Morgan took corrective action when she realised she was not clear but this was too late and after the interference had taken place.
Mr Pitman, on behalf of Miss Morgan, stated that ISHIGOLD had shifted in and made contact with FALZANO prior to Miss Morgan shifting in and crowding both runners. He said the interference had already occurred before Miss Morgan got to the outside of ISHIGOLD. Mr Pitman stated that Miss Morgan had admitted the breach as she was not clear as required by the rules. He submitted that the interference was at the lower level and it was a minor misjudgement.
As Miss Morgan had admitted this breach of the Rules it was found to be proved.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Zarb submitted that Miss Morgan was a successful Apprentice Jockey. In her career Miss Morgan had received two suspensions, both in the previous 12 months, being a 4 day suspension at Banks Peninsula on 3 November 2013 and a 3 day suspension at Invercargill on 15 February 2014. Mr Zarb stated that the degree of carelessness and consequences of that interference was at a low level. Mr Zarb submitted that a 3 to 4 day suspension be considered as penalty in this case.
Mr Pitman submitted that a minimal penalty of 2 days be imposed as the interference was at a low level and Miss Morgan had admitted the breach. Mr Pitman stated that Miss Morgan was predominately a South Island rider but rode in the Central Districts occasionally. The issue of deferment was discussed at length with Mr Pitman seeking to hold back on making a decision just in case Miss Morgan was suspended on another charge to be heard later in the day. The Committee advised Mr Pitman that that was not an option that if they wished to take the option of a deferment, that decision had to be made now. Mr Pitman and Miss Morgan did not take up the option of a deferment of penalty and wished the period of suspension to begin immediately.
Mr Zarb challenged that Miss Morgan be considered a Central Districts rider. He conceded that she rode there from time to time but was not a regular rider in the Central Districts. However, the Committee accepted Mr Pitman’s submission that she rode in the Central Districts from time to time.
reasonsforpenalty:
In determining penalty the Committee took into consideration Miss Morgan’s previous breaches in November 2013 and February 2014. In taking the JCA Penalty Guide starting point of 5 days we were able to give Miss Morgan a discount of 1 day for her admission of the breach and a further day for the low level of her carelessness and consequences of the interference. We were not able to allow any further discount due to Miss Morgan’s penalty record and therefore determined that a 3 day suspension was an appropriate penalty.
penalty:
We therefore determined that Miss Morgan’s Apprentice Jockey's licence be suspended from the conclusion of racing on 5 April 2014 until the conclusion of racing on 17 April 2014 which encompasses the days racing at Dunedin 10 April, Christchurch 12 April and Taranaki 17 April 2014.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Zarb - Stipendiary Steward
JockeysandTrainer: Miss A Morgan - Class B Apprentice Rider
Otherperson: Mr M Pitman - assisting Miss Morgan
PersonPresent:
Respondent:
StipendSteward:
raceid: e0663663f00b10e687f961aca898b4b2
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: 3561f415044d68ff231c23887c20fd96
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2014
meet_title: Canterbury Racing - 5 April 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing