Archive Decision

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R Te Aroha 2 December 2013 – R 2

ID: JCA12824

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Miss K Myers - Licensed rider of JIMMY HOFFA

Other Person:
Mr J Oatham - Stipendiary Steward

Information Number:
A6018

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 2 December 2013

Meet Chair:
ADooley

Race Date:
2013/12/02

Race Number:
R 2

Decision:

As Miss Myers admitted the breach the Committee finds the charge proved.

Penalty:

The Committee grants Miss K Myers' request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, the Committee imposes a suspension on Miss K Myers which will commence after racing on 7 December and conclude after racing on 14 December 2013 (5 days).

That period of suspension encompasses meetings at Waipukurau on December 8, Auckland on December 11, Hastings on December 12, Tauranga on December 13 and Te Rapa on December 14.

Facts:

Following the running of Race 2, SUPER LIQUOR TE AROHA 1600, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Williamson, alleged that Miss K Myers permitted her mount JIMMY HOFFA to shift inwards when not sufficiently clear of CALM BAY which was checked near the 1250 metres.

Miss Myers acknowledged that she understood the nature of the charge, the Rule and confirmed her 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.

Submissions for Decision:

Mr Oatham identified on the films that Miss Myers, who had drawn an outside barrier, directs her mount in when only a bare length clear. In doing so she checked CALM BAY which shifted in, making contact with CHART TOPPER which was hampered. He said the initial check was at the low end but Miss Myers' actions resulted in several other runners being checked.

Miss Myers informed the Committee that her mount was a big, dumb and lazy horse. Miss Myers admitted she tightened up CALM BAY but assessed the interference as minimal. She added JIMMY HOFFA slowed up when in front on his own accord.

Submissions for Penalty:

Mr Williamson produced Miss Myers' record which showed 5 previous breaches under this Rule in the last 12 months. He described the carelessness as low range but noted several runners were inconvenienced as a result of Miss Myers' actions. He submitted a suspension in line with the carelessness.

Miss Myers advised that she had upcoming commitments on 7 December, and that any period of suspension could commence after that. Miss Myers submitted her record “doesn’t appear great” however believed the previous breaches were also at the low end of the scale.

Miss Myers confirmed she had no intention to ride at Dunedin on 9 December.

The Committee notes Miss Myers has no history of riding at Dunedin this year.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. I have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Miss Myers’ admission of the breach and the level of carelessness is assessed as low range although the consequences of her actions were close to mid – range. The aggravating fact is Miss Myers' poor record, today being her 6th breach under this Rule in the last 12 months.

After taking into account all the above and placing emphasis on the mitigating factors the Committee considers an appropriate penalty on this occasion 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: 5cdf25ddaae6a8abd64319a07b22eb01


informantnumber: A6018


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 30/11/2013


hearing_title: R Te Aroha 2 December 2013 - R 2


charge:


facts:

Following the running of Race 2, SUPER LIQUOR TE AROHA 1600, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Williamson, alleged that Miss K Myers permitted her mount JIMMY HOFFA to shift inwards when not sufficiently clear of CALM BAY which was checked near the 1250 metres.

Miss Myers acknowledged that she understood the nature of the charge, the Rule and confirmed her 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.


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham identified on the films that Miss Myers, who had drawn an outside barrier, directs her mount in when only a bare length clear. In doing so she checked CALM BAY which shifted in, making contact with CHART TOPPER which was hampered. He said the initial check was at the low end but Miss Myers' actions resulted in several other runners being checked.

Miss Myers informed the Committee that her mount was a big, dumb and lazy horse. Miss Myers admitted she tightened up CALM BAY but assessed the interference as minimal. She added JIMMY HOFFA slowed up when in front on his own accord.


reasonsfordecision:


Decision:

As Miss Myers admitted the breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Williamson produced Miss Myers' record which showed 5 previous breaches under this Rule in the last 12 months. He described the carelessness as low range but noted several runners were inconvenienced as a result of Miss Myers' actions. He submitted a suspension in line with the carelessness.

Miss Myers advised that she had upcoming commitments on 7 December, and that any period of suspension could commence after that. Miss Myers submitted her record “doesn’t appear great” however believed the previous breaches were also at the low end of the scale.

Miss Myers confirmed she had no intention to ride at Dunedin on 9 December.

The Committee notes Miss Myers has no history of riding at Dunedin this year.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. I have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Miss Myers’ admission of the breach and the level of carelessness is assessed as low range although the consequences of her actions were close to mid – range. The aggravating fact is Miss Myers' poor record, today being her 6th breach under this Rule in the last 12 months.

After taking into account all the above and placing emphasis on the mitigating factors the Committee considers an appropriate penalty on this occasion is a 5 day suspension.


penalty:

The Committee grants Miss K Myers' request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, the Committee imposes a suspension on Miss K Myers which will commence after racing on 7 December and conclude after racing on 14 December 2013 (5 days).

That period of suspension encompasses meetings at Waipukurau on December 8, Auckland on December 11, Hastings on December 12, Tauranga on December 13 and Te Rapa on December 14.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Miss K Myers - Licensed rider of JIMMY HOFFA


Otherperson: Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 0856d03f5e817d57e6f20b8334b54537


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


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meetdate: 02/12/2013


meet_title: Racing Te Aroha - 2 December 2013


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tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


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name: Racing Te Aroha