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Waipa RC 9 October 2011 – R 6

ID: JCA12736

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr M Sweeney- Licensed Rider

Other Person:
Mr J Oatham- Stipendiary Steward

Information Number:
2154

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Waipa RC - 9 October 2011

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2011/10/09

Race Number:
R6

Decision:

Because Mr Sweeney was not the required distance clear of Mr Norvall when moving in we find the charge proved.

Penalty:

Accordingly we impose a suspension on Mr Sweeney which will commence after racing on 16th October 2011 and conclude after racing on the 23rd October 2011 (4days). Mr Sweeney submitted he rides as far south as Ashburton , therefore the 21st October 2011 at Wyndham was not considered by the committee.

Charge:

Careless Riding

Facts:

Following race 6 an information was filed pursuant to rule 638(1)(d). The informant Mr Davidson alleged that Mr Sweeney permitted his mount VARNISH to shift inwards near the 1800 metres when not sufficiently clear of ANDRE JOUBERT (R Norvall) which was checked and shifted inwards hampering MR CLOONEY (B Jones).

Submissions for Decision:

Mr Oatham demonstrated the video films pointing out to the committee Mr Sweeney riding VARNISH angling his mount in rapidly shortly after the start when not the required distance clear. He said Mr Sweeney was initially clear when shifting in, but not clear through the entire movement. This resulted in ANDRE JOUBERT (Mr Norvall) receiving a sharp check leaving him no option but to check his mount who in turn ran in and hampered MR CLOONEY.

Mr Norvall was called as a witness. He said he was riding on a long rein and his horse over reacted when Mr Sweeney moved quickly into a gap in front of him. He conceded that Mr Sweeney was not much more than a length in front of him when he shifted ground inwards.

Mr Sweeney asked Mr Norvall “when I came across was there a run for me?”, Mr Norvall replied “yes”. He said his movement was quick to take advantage of a gap that was presented and believed Mr Norvall’s horse over reacted. He felt the run was there with the margin being lessened by ANDRE JOUBERT over reacting. He believed it was good riding on his part.

The committee asked Mr Sweeney what the margin was between VARNISH and ANDRE JOUBERT when he shifted inwards. He said the margin was 2 lengths initially but was reduced to a length and a bit because ANDRE JOUBERT had travelled up into the gap.

Mr Davidson in summing up said when Mr Sweeney crosses over he was not the required distance clear. He said Mr Norvall was entitled to his line and Mr Sweeny placed Mr Norvall in a bad position.

Mr Sweeney in summing up said he made his move very quick and with Mr Norvall riding on a long rein it took him by surprise and he was not prepared for it. He said he was easily a length and a half ahead of Mr Norvall.

Reasons for Decision:

The committee carefully considered all evidence and submissions as presented. After reviewing the video films several times it is clear that Mr Sweeney does shift in when not the required distance clear. Although Mr Norvall’s mount does get its head up during the incident, if Mr Sweeney was the required distance clear this would not have been an issue. We believe Mr Sweeney rapid inward movement resulted in him misjudging the distance between his mount and Mr Norvall’s. 

Submissions for Penalty:

Mr Davidson said that the committee was fully aware of Mr Sweeney’s record as he was charged in race 4 today (1 previous suspension in the last 9 months). He submitted it was error of judgment by Mr Sweeney conceding he was initially 2 lengths clear but not through the entire movement. He said the carelessness was mid range and asked for a 4 day suspension.
Mr Sweeney acknowledged he received a suspension in race 4 today which concludes after racing on the 16th October 2011.

Reasons for Penalty:

The committee carefully considered all evidence and submissions as presented. The only mitigating factor is Mr Sweeney’s good record. The aggravating factor was he made a rapid inward movement when not the required distance clear. We assessed the carelessness to be low range.

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: 5142816688e0eb35231a7abb6c79204b


informantnumber: 2154


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 20/09/2011


hearing_title: Waipa RC 9 October 2011 - R 6


charge:

Careless Riding


facts:

Following race 6 an information was filed pursuant to rule 638(1)(d). The informant Mr Davidson alleged that Mr Sweeney permitted his mount VARNISH to shift inwards near the 1800 metres when not sufficiently clear of ANDRE JOUBERT (R Norvall) which was checked and shifted inwards hampering MR CLOONEY (B Jones).


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham demonstrated the video films pointing out to the committee Mr Sweeney riding VARNISH angling his mount in rapidly shortly after the start when not the required distance clear. He said Mr Sweeney was initially clear when shifting in, but not clear through the entire movement. This resulted in ANDRE JOUBERT (Mr Norvall) receiving a sharp check leaving him no option but to check his mount who in turn ran in and hampered MR CLOONEY.

Mr Norvall was called as a witness. He said he was riding on a long rein and his horse over reacted when Mr Sweeney moved quickly into a gap in front of him. He conceded that Mr Sweeney was not much more than a length in front of him when he shifted ground inwards.

Mr Sweeney asked Mr Norvall “when I came across was there a run for me?”, Mr Norvall replied “yes”. He said his movement was quick to take advantage of a gap that was presented and believed Mr Norvall’s horse over reacted. He felt the run was there with the margin being lessened by ANDRE JOUBERT over reacting. He believed it was good riding on his part.

The committee asked Mr Sweeney what the margin was between VARNISH and ANDRE JOUBERT when he shifted inwards. He said the margin was 2 lengths initially but was reduced to a length and a bit because ANDRE JOUBERT had travelled up into the gap.

Mr Davidson in summing up said when Mr Sweeney crosses over he was not the required distance clear. He said Mr Norvall was entitled to his line and Mr Sweeny placed Mr Norvall in a bad position.

Mr Sweeney in summing up said he made his move very quick and with Mr Norvall riding on a long rein it took him by surprise and he was not prepared for it. He said he was easily a length and a half ahead of Mr Norvall.


reasonsfordecision:

The committee carefully considered all evidence and submissions as presented. After reviewing the video films several times it is clear that Mr Sweeney does shift in when not the required distance clear. Although Mr Norvall’s mount does get its head up during the incident, if Mr Sweeney was the required distance clear this would not have been an issue. We believe Mr Sweeney rapid inward movement resulted in him misjudging the distance between his mount and Mr Norvall’s. 


Decision:

Because Mr Sweeney was not the required distance clear of Mr Norvall when moving in we find the charge proved.


sumissionsforpenalty:

Mr Davidson said that the committee was fully aware of Mr Sweeney’s record as he was charged in race 4 today (1 previous suspension in the last 9 months). He submitted it was error of judgment by Mr Sweeney conceding he was initially 2 lengths clear but not through the entire movement. He said the carelessness was mid range and asked for a 4 day suspension.
Mr Sweeney acknowledged he received a suspension in race 4 today which concludes after racing on the 16th October 2011.


reasonsforpenalty:

The committee carefully considered all evidence and submissions as presented. The only mitigating factor is Mr Sweeney’s good record. The aggravating factor was he made a rapid inward movement when not the required distance clear. We assessed the carelessness to be low range.


penalty:

Accordingly we impose a suspension on Mr Sweeney which will commence after racing on 16th October 2011 and conclude after racing on the 23rd October 2011 (4days). Mr Sweeney submitted he rides as far south as Ashburton , therefore the 21st October 2011 at Wyndham was not considered by the committee.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr M Sweeney- Licensed Rider


Otherperson: Mr J Oatham- Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 87ae271bfbc51dd6782fbe173c1c0ff8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a3a72c57c71518e01843ca3332cc89e5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/10/2011


meet_title: Waipa RC - 9 October 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waipa-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Waipa RC