Auckland RC 26 December 2013 – R 4
ID: JCA12716
Code:
Thoroughbred
Meet Title:
Auckland RC - 26 December 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/12/26
Race Number:
R4
Decision:
As Mr Harris admitted the breach we find the charge proved.
Penalty:
We grant Mr Harris request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Harris which will commence after racing on January 2 and conclude after racing on January 9 (5 North Island days).
Facts:
Following the running of Race 4, Hallmark Stud Handicap, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Oatham, alleged that approaching the 1,000 metres THE FILLY (Mr N Harris) allowed his mount to shift in when not sufficiently clear of ALBANY REUNION (Mr Du Plessis) which clipped a heel and blundered.
Mr Harris acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Williamson identified on the films that THE FILLY who was racing in a 3 wide position lay in near the 1,000 metres. In doing so ALBANY REUNION received a severe check. He said that THE FILLY was approximately 1 length clear of ALBANY REUNION who clipped her heel, blundered, and lost ground.
Mr Williamson advised that ALBANY REUNION had improved very quickly to the inside of THE FILLY and Mr Harris was unaware of this. Further, he said THE FILLY was laying in and contributed to the interference.
Mr Harris told the Committee that he agreed with Mr Williamson’s assessment. He added that Mr Du Plessis had yelled out to him but he did not hear him. Mr Harris stated there was no intent on his part.
Submissions for Penalty:
Mr Oatham produced Mr Harris’s record which showed no previous breaches under this Rule in the last 12 months. He said Mr Harris has an excellent record, co–operated with the Stewards and admitted the breach at the first opportunity. He said that the aggravating factors included the severe interference suffered by ALBANY REUNION and the status of the race (Listed $50,000). Mr Oatham said the level of carelessness is low to mid – range and submitted a suspension in the range of 5 to 6 days.
Mr Harris advised that he had upcoming commitments at Tauranga on January 2nd, and sought a deferment to any proposed suspension. He submitted the Committee take into account his excellent record.
Mr Harris confirmed that he was not intending to ride at the forthcoming Reefton meeting on January 8.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Harris’ admission of the breach and his excellent record in relation to this Rule. The aggravating factors are this breach occurred in a Listed race worth $50,000 and although we assess the level of carelessness as mid – range, the impact was severe. However, we noted on reviewing the film that ALVESTA who was racing on the inside of THE FILLY was shifting out slightly, coinciding with THE FILLY hanging in which we have determined are contributing factors in Mr Harris’ favour.
After taking into account all the above factors we consider an appropriate penalty is a 5 day 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: 4dbc44be8e456e9d42a5c2d36811b642
informantnumber: A2936
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 17/12/2013
hearing_title: Auckland RC 26 December 2013 - R 4
charge:
facts:
Following the running of Race 4, Hallmark Stud Handicap, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Oatham, alleged that approaching the 1,000 metres THE FILLY (Mr N Harris) allowed his mount to shift in when not sufficiently clear of ALBANY REUNION (Mr Du Plessis) which clipped a heel and blundered.
Mr Harris acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Williamson identified on the films that THE FILLY who was racing in a 3 wide position lay in near the 1,000 metres. In doing so ALBANY REUNION received a severe check. He said that THE FILLY was approximately 1 length clear of ALBANY REUNION who clipped her heel, blundered, and lost ground.
Mr Williamson advised that ALBANY REUNION had improved very quickly to the inside of THE FILLY and Mr Harris was unaware of this. Further, he said THE FILLY was laying in and contributed to the interference.
Mr Harris told the Committee that he agreed with Mr Williamson’s assessment. He added that Mr Du Plessis had yelled out to him but he did not hear him. Mr Harris stated there was no intent on his part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Harris admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Harris’s record which showed no previous breaches under this Rule in the last 12 months. He said Mr Harris has an excellent record, co–operated with the Stewards and admitted the breach at the first opportunity. He said that the aggravating factors included the severe interference suffered by ALBANY REUNION and the status of the race (Listed $50,000). Mr Oatham said the level of carelessness is low to mid – range and submitted a suspension in the range of 5 to 6 days.
Mr Harris advised that he had upcoming commitments at Tauranga on January 2nd, and sought a deferment to any proposed suspension. He submitted the Committee take into account his excellent record.
Mr Harris confirmed that he was not intending to ride at the forthcoming Reefton meeting on January 8.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Harris’ admission of the breach and his excellent record in relation to this Rule. The aggravating factors are this breach occurred in a Listed race worth $50,000 and although we assess the level of carelessness as mid – range, the impact was severe. However, we noted on reviewing the film that ALVESTA who was racing on the inside of THE FILLY was shifting out slightly, coinciding with THE FILLY hanging in which we have determined are contributing factors in Mr Harris’ favour.
After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.
penalty:
We grant Mr Harris request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Harris which will commence after racing on January 2 and conclude after racing on January 9 (5 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr N Harris - Rider of THE FILLY
Otherperson: Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b8dc59f2f86c3d685550c88c829ceb0d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d9eafe438b7d717698e9f4aa5e0d8aa1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2013
meet_title: Auckland RC - 26 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC