Archive Decision

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Auckland RC 3 November 2015 – R 1 – Chair, Mr R Seabrook

ID: JCA12859

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr C Dell, rider of RAFA

Other Person:
Mr N Harris, apprentice jockey mentor, Mr A Coles - Stipendiary Steward

Information Number:
6921

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
Rule 638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 3 November 2015

Meet Chair:
RSeabrook

Meet Committee Member 1:
AGodsalve

Race Date:
2015/11/03

Race Number:
R1

Decision:

As the breach was admitted we find the charge proved.

Penalty:

The committee has adopted five days as a starting point in assessing penalty.  After taking all the above into account we consider a suspension of four days to be appropriate. 

Accordingly Mr Dell is suspended from riding in races from after the conclusion of his current suspension, 10 November, until after racing on 17 November. 

These four days are 12 November Awapuni, 13 November Dargaville, 14 November Tauranga and 17 November Rotorua.

Facts:

Following race 1, the Carlton Events 2200, an information was filed pursuant to rule 638 (1) (d).  The informant alleged that Mr C Dell permitted his mount RAFA to shift inwards when not sufficiently clear of SMEDLEY which was checked near the 350 metres. 

Rule 638 (1) (d) reads as follows:  a rider shall not ride a horse in a manner which the judicial committee considers to be careless. 

Mr Coles demonstrated the video films pointing out RAFA racing in the lead and adjacent to the running rail near the 350 metres.  Approaching the 400 metres SMEDLEY (L Magorrian) was racing directly behind RAFA when that horse rolled off the rail leaving what Mr Coles described as a marginal run for SMEDLEY to take on the inside.  He then demonstrated  where SMEDLEY improved into the gap when RAFA drifted into its line.  This inward movement caused Mr Magorrian to take a hold of his mount and attempt to take a run on the outside of RAFA.  Mr Coles then showed the committee RAFA again drifting into the line of SMEDLEY when he was going for a run on the inside.  He submitted that Mr Dell was only a bare length clear.  He said Mr Magorrian did receive a reasonable check although the inward movement was not great. 

Mr Dell in admitting the breach said his horse may have spotted the gates causing it to move away from the rail. He said he was riding forward until he heard a call from Mr Magorrian. He said he realised he was in the wrong and he tried to keep a straight line from that point. Mr Dell concluded by saying the run for SMEDLEY was marginal but admitted Mr Magorrian was entitled to take it. He added that RAFA was not normally a front runner.

Mr Harris sad Mr Dell may have been unlucky if his mount did spot the gates.

Submissions for Penalty:

Mr Oatham said Mr Dell only came back to riding in September after a long lay off due to a serious injury.  He said Mr Dell had incurred only one suspension in that time so his record was good.  Mr Oatham informed the committee that Mr Dell had incurred  a four day suspension at Taranaki on 29 October which starts after racing today, 3 November and concludes after racing on 10 December.  He submitted that today's carelessness was at the bottom end though the consequences to SMEDLEY may have cost him the race.  He believed a four day suspension was appropriate and told the committee Mr Dell had recently ridden in the Central Districts on an industry day.

Mr Dell said he had been trying too hard in his comeback and was indecisive in some of his decisions. 

Mr Harris agreed with Mr Dell and told the committee he had been trying to slow him down and that his suspension may be a good thing, giving him time to reflect on just what he should be doing.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions.  In mitigation Mr Dell has admitted the breach and he has a good record.  The committee also finds Mr Dell's level of carelessness to be at the low end.  However these factors must be balanced against the aggravating fact that SMEDLEY was denied a run when he was finishing well to run second and may well have won the race.  Mr Dell was not the required distance clear when moving in.

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: 6201fbdfee6da30be25bad899599523f


informantnumber: 6921


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 04/11/2015


hearing_title: Auckland RC 3 November 2015 - R 1 - Chair, Mr R Seabrook


charge:


facts:

Following race 1, the Carlton Events 2200, an information was filed pursuant to rule 638 (1) (d).  The informant alleged that Mr C Dell permitted his mount RAFA to shift inwards when not sufficiently clear of SMEDLEY which was checked near the 350 metres. 

Rule 638 (1) (d) reads as follows:  a rider shall not ride a horse in a manner which the judicial committee considers to be careless. 

Mr Coles demonstrated the video films pointing out RAFA racing in the lead and adjacent to the running rail near the 350 metres.  Approaching the 400 metres SMEDLEY (L Magorrian) was racing directly behind RAFA when that horse rolled off the rail leaving what Mr Coles described as a marginal run for SMEDLEY to take on the inside.  He then demonstrated  where SMEDLEY improved into the gap when RAFA drifted into its line.  This inward movement caused Mr Magorrian to take a hold of his mount and attempt to take a run on the outside of RAFA.  Mr Coles then showed the committee RAFA again drifting into the line of SMEDLEY when he was going for a run on the inside.  He submitted that Mr Dell was only a bare length clear.  He said Mr Magorrian did receive a reasonable check although the inward movement was not great. 

Mr Dell in admitting the breach said his horse may have spotted the gates causing it to move away from the rail. He said he was riding forward until he heard a call from Mr Magorrian. He said he realised he was in the wrong and he tried to keep a straight line from that point. Mr Dell concluded by saying the run for SMEDLEY was marginal but admitted Mr Magorrian was entitled to take it. He added that RAFA was not normally a front runner.

Mr Harris sad Mr Dell may have been unlucky if his mount did spot the gates.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham said Mr Dell only came back to riding in September after a long lay off due to a serious injury.  He said Mr Dell had incurred only one suspension in that time so his record was good.  Mr Oatham informed the committee that Mr Dell had incurred  a four day suspension at Taranaki on 29 October which starts after racing today, 3 November and concludes after racing on 10 December.  He submitted that today's carelessness was at the bottom end though the consequences to SMEDLEY may have cost him the race.  He believed a four day suspension was appropriate and told the committee Mr Dell had recently ridden in the Central Districts on an industry day.

Mr Dell said he had been trying too hard in his comeback and was indecisive in some of his decisions. 

Mr Harris agreed with Mr Dell and told the committee he had been trying to slow him down and that his suspension may be a good thing, giving him time to reflect on just what he should be doing.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions.  In mitigation Mr Dell has admitted the breach and he has a good record.  The committee also finds Mr Dell's level of carelessness to be at the low end.  However these factors must be balanced against the aggravating fact that SMEDLEY was denied a run when he was finishing well to run second and may well have won the race.  Mr Dell was not the required distance clear when moving in.


penalty:

The committee has adopted five days as a starting point in assessing penalty.  After taking all the above into account we consider a suspension of four days to be appropriate. 

Accordingly Mr Dell is suspended from riding in races from after the conclusion of his current suspension, 10 November, until after racing on 17 November. 

These four days are 12 November Awapuni, 13 November Dargaville, 14 November Tauranga and 17 November Rotorua.


hearing_type: Hearing


Rules: Rule 638 (1) (d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr C Dell, rider of RAFA


Otherperson: Mr N Harris, apprentice jockey mentor, Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 37ce87fe495e7a85dc813065e9dfce75


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8bb6eb927c1ede6297ad02c3199a9f54


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/11/2015


meet_title: Auckland RC - 3 November 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland RC