Archive Decision

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R Rotorua 18 October 2014 – R 1

ID: JCA12967

Applicant:
Mr R Neal - Co Chief Stipendiary Steward

Respondent(s):
Miss Z Moki - Apprentice Rider, Mr R Collett - Trainer assisting Miss Moki

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
A3322

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 18 October 2014

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2014/10/18

Race Number:
R1

Decision:

As Miss Moki admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a suspension on Miss Moki which will commence after racing on 18 October and conclude after racing on 27 October 2014 (4 North Island days).

Facts:

Following the running of race 1, Mills Reef Winery & Restaurant 1200, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Neal, alleged that Miss Moki allowed her mount DAN THE MAN to shift in near the 900 metres when not clear of KEEPING TOM dictating that runner inwards causing a check to PALACE TALK which lost ground.

Miss Moki acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach. Mr R Collett assisted Miss Moki at the hearing.

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 head- on film DAN THE MAN racing in a 4 wide position with KEEPING TOM racing in a 3 wide position and PALACE TALK racing in restricted room to his inside. He demonstrated where Miss Moki permitted her mount to shift when only a bare length clear of KEEPING TOM which then impeded PALACE TALK’S rightful running line.

Miss Moki agreed with Mr Williamson’s interpretation of the incident and had nothing further to add.

Mr Collett told the Committee the films were self-explanatory.

Submissions for Penalty:

Mr Neal produced Miss Moki’s record which showed no previous breaches under this Rule in the last 12 months. He added Miss Moki has had 49 race day rides to date. He said Miss Moki made an error of judgement in allowing her mount to shift in when not the required distance clear. He described the level of carelessness as mid to low range and submitted that a remission from the starting point of 5 days was appropriate.

Miss Moki advised that she had no upcoming engagements at and any proposed suspension could commence immediately.

Mr Collett advised the Committee that Miss Moki had up to date only ridden on winter tracks. He added this race day was only the second time Miss Moki had ridden on a good track.

Miss Moki confirmed that she rode only in the North Island.

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 Miss Moki’s admission of the breach and her good record in relation to this Rule in a limited career. The aggravating fact was PALACE TALK had its rightful running line taken by the actions of Miss Moki. We assess the level of carelessness as low to mid - range.

After taking into account all the above factors we consider an appropriate penalty is a 4 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: 6fbc44839bdb0698ad41f4851dee1bf8


informantnumber: A3322


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 17/10/2014


hearing_title: R Rotorua 18 October 2014 - R 1


charge:


facts:

Following the running of race 1, Mills Reef Winery & Restaurant 1200, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Neal, alleged that Miss Moki allowed her mount DAN THE MAN to shift in near the 900 metres when not clear of KEEPING TOM dictating that runner inwards causing a check to PALACE TALK which lost ground.

Miss Moki acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach. Mr R Collett assisted Miss Moki at the hearing.

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 head- on film DAN THE MAN racing in a 4 wide position with KEEPING TOM racing in a 3 wide position and PALACE TALK racing in restricted room to his inside. He demonstrated where Miss Moki permitted her mount to shift when only a bare length clear of KEEPING TOM which then impeded PALACE TALK’S rightful running line.

Miss Moki agreed with Mr Williamson’s interpretation of the incident and had nothing further to add.

Mr Collett told the Committee the films were self-explanatory.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Moki admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Neal produced Miss Moki’s record which showed no previous breaches under this Rule in the last 12 months. He added Miss Moki has had 49 race day rides to date. He said Miss Moki made an error of judgement in allowing her mount to shift in when not the required distance clear. He described the level of carelessness as mid to low range and submitted that a remission from the starting point of 5 days was appropriate.

Miss Moki advised that she had no upcoming engagements at and any proposed suspension could commence immediately.

Mr Collett advised the Committee that Miss Moki had up to date only ridden on winter tracks. He added this race day was only the second time Miss Moki had ridden on a good track.

Miss Moki confirmed that she rode only in the North Island.


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 Miss Moki’s admission of the breach and her good record in relation to this Rule in a limited career. The aggravating fact was PALACE TALK had its rightful running line taken by the actions of Miss Moki. We assess the level of carelessness as low to mid - range.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.


penalty:

Accordingly, we impose a suspension on Miss Moki which will commence after racing on 18 October and conclude after racing on 27 October 2014 (4 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr R Neal - Co Chief Stipendiary Steward


JockeysandTrainer: Miss Z Moki - Apprentice Rider, Mr R Collett - Trainer assisting Miss Moki


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b8235b4ebcff449469b654320c7f0a32


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: 71469e26e8cb123237d8ab21ce815ac0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/10/2014


meet_title: Racing Rotorua - 18 October 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Racing Rotorua