Kurow RC 30 December 2014 – R 7
ID: JCA12976
Code:
Thoroughbred
Meet Title:
Kurow JC - 30 December 2014
Meet Chair:
GHall
Race Date:
2014/12/30
Race Number:
R 7
Decision:
I am satisfied Mr Shaikh has moved wider on the track when not his length and another clear of GHOSTINTHEMACHINE. In so doing he has ridden carelessly.
Penalty:
Mr Shaikh is suspended from riding at the end of the meeting at Omakau 3 January up to and including 7 January. This is 2 South Island days.
Facts:
Mr McLaughlin alleged that Mr Shaikh (COUP DARCI BE) shifted out abruptly making firm contact with GHOSTINTHEMACHINE (Ms R BLACK) who was buffeted, blundered and badly unbalanced passing the 500 metres.
Submissions for Decision:
Mr McLaughlin demonstrated that COUP DARCI BE (Mr Shaikh) was racing towards the rear of the field to the inside of GHOSTINTHEMACHINE (Ms Black). He stated that passing the 500 metres Mr Shaikh allowed COUP DARCI BE to travel up onto the heels of KEEPA TRAMP, which had steadied momentarily. Mr Shaikh then shifted outwards abruptly and made firm contact with GHOSTINTHEMACHINE, which blundered badly unbalancing its rider Ms Black. Mr McLaughlin alleged that Mr Shaikh was never forward of GHOSTINTHEMACHINE when he shifted out. He stated the respondent’s careless lay in his allowing his horse to get on to the heels of KEEPA TRAMP and his never being able to shift Ms Black out safely. He emphasised that there had been no sudden slackening of the pace.
Ms Black gave evidence that the rider to her inside, Mr Shaikh, had tried to push her out. She said she was hit hard just behind the shoulder. She said she had yelled out to Mr Shaikh when she saw him thinking about coming out but he had taken no notice and had shifted out, coming into contact with her mount. She said it was a “full smack”. In response to questioning, she said she did not move inwards; the horse on her inside had shifted its line.
Mr Pitman alleged that Ms Black had been racing three wide before and at the time of the incident and that Ms Black had shifted in. He said Mr Mosley had come back on to Mr Shaikh and there should have been plenty of room for Mr Shaikh. He believed there was a gap that Mr Shaikh was entitled to go for and that Ms Black had shifted in to be 2 wide at the time Mr Shaikh shifted out. He added that Mr Shaikh was “the victim of circumstances”.
Mr McLaughlin replied that Ms Black had at one point been three wide but she was clearly in a two wide position, a position that she was entitled to, at the time Mr Shaikh shifted out. He said Mr Shaikh was not reading the race in front of him and that there was simply no run for Mr Shaikh at the time he shifted out.
Reasons for Decision:
The videos of the incident demonstrated that Mr Shaikh was racing towards the rear of the field and inside Ms Black when he gets onto the heels of Mr Mosley. Mr Shaikh attempts to take hold and shifts out onto Ms Black making quite forceful contact with the horse. Eventually Ms Black is shifted three wide on the track and Mr Shaikh gets a run to the outside of Mr Mosley.
Mr Pitman alleges that Ms Black has shifted in rather than Mr Shaikh has moved out. I cannot see any evidence of this at the relevant time on the videos and this is contrary to Ms Black’s clear evidence that she had not shifted in at this time and that she saw Mr Shaikh was going to shift out and she yelled at him not to, but he came out anyway. I am satisfied Ms Black was racing 2 wide outside Mr Shaikh at the time of the incident.
I am conscious of the position Mr Shaikh found himself in. I agree with Mr Pitman that Mr Mosley’s horse was giving ground at this point in the race and was coming back onto Mr Shaikh. But Mr McLaughlin is also correct when he said there was no sudden slackening of the pace. An experienced jockey may have shifted wider on the track to give Mr Shaikh room but Ms Black, who like Mr Shaikh is an apprentice jockey, chose not to do so, but rather to yell to Mr Shaikh not to come out. It is important to note that the Rules of Racing permit Ms Black to hold her two wide line, and in so doing, she was pocketing Mr Shaikh behind Mr Mosley.
Mr Shaikh was required to take hold of COUP DARCI BE and to ease until room became available to take a run to the outside of Mr Mosley. For whatever reason but most probably through inexperience, he chose to endeavour to shift Ms Black wider on the track. In so doing, he came into contact with GHOSTINTHEMACHINE just behind the shoulder.
Submissions for Penalty:
Mr McLaughlin produced the respondent’s record. It was clear under this rule. Mr McLaughlin believed the breach was towards mid-range. He accepted that the mitigating factors identified in the decision finding the charge proved had to be considered. On this basis he said the Committee might consider a 2-day penalty.
Mr Shaikh stated he had had about 100 rides and not been charged with careless riding before. He had declared rides at Omakau.
Reasons for Penalty:
The breach is mid-range but the fact that Mr Mosley was coming back onto Mr Shaikh and he was pocketed by Ms Black, when viewed in the context that Mr Shaikh is an inexperienced jockey, are relevant mitigating factors. These matters together with the fact that this is Mr Shaikh’s first breach of the careless riding rule permit a 3-day reduction from a 5-day starting point.
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: 703f6056124474836400970294d61b46
informantnumber: A1935
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 29/12/2014
hearing_title: Kurow RC 30 December 2014 - R 7
charge:
facts:
Mr McLaughlin alleged that Mr Shaikh (COUP DARCI BE) shifted out abruptly making firm contact with GHOSTINTHEMACHINE (Ms R BLACK) who was buffeted, blundered and badly unbalanced passing the 500 metres.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin demonstrated that COUP DARCI BE (Mr Shaikh) was racing towards the rear of the field to the inside of GHOSTINTHEMACHINE (Ms Black). He stated that passing the 500 metres Mr Shaikh allowed COUP DARCI BE to travel up onto the heels of KEEPA TRAMP, which had steadied momentarily. Mr Shaikh then shifted outwards abruptly and made firm contact with GHOSTINTHEMACHINE, which blundered badly unbalancing its rider Ms Black. Mr McLaughlin alleged that Mr Shaikh was never forward of GHOSTINTHEMACHINE when he shifted out. He stated the respondent’s careless lay in his allowing his horse to get on to the heels of KEEPA TRAMP and his never being able to shift Ms Black out safely. He emphasised that there had been no sudden slackening of the pace.
Ms Black gave evidence that the rider to her inside, Mr Shaikh, had tried to push her out. She said she was hit hard just behind the shoulder. She said she had yelled out to Mr Shaikh when she saw him thinking about coming out but he had taken no notice and had shifted out, coming into contact with her mount. She said it was a “full smack”. In response to questioning, she said she did not move inwards; the horse on her inside had shifted its line.
Mr Pitman alleged that Ms Black had been racing three wide before and at the time of the incident and that Ms Black had shifted in. He said Mr Mosley had come back on to Mr Shaikh and there should have been plenty of room for Mr Shaikh. He believed there was a gap that Mr Shaikh was entitled to go for and that Ms Black had shifted in to be 2 wide at the time Mr Shaikh shifted out. He added that Mr Shaikh was “the victim of circumstances”.
Mr McLaughlin replied that Ms Black had at one point been three wide but she was clearly in a two wide position, a position that she was entitled to, at the time Mr Shaikh shifted out. He said Mr Shaikh was not reading the race in front of him and that there was simply no run for Mr Shaikh at the time he shifted out.
reasonsfordecision:
The videos of the incident demonstrated that Mr Shaikh was racing towards the rear of the field and inside Ms Black when he gets onto the heels of Mr Mosley. Mr Shaikh attempts to take hold and shifts out onto Ms Black making quite forceful contact with the horse. Eventually Ms Black is shifted three wide on the track and Mr Shaikh gets a run to the outside of Mr Mosley.
Mr Pitman alleges that Ms Black has shifted in rather than Mr Shaikh has moved out. I cannot see any evidence of this at the relevant time on the videos and this is contrary to Ms Black’s clear evidence that she had not shifted in at this time and that she saw Mr Shaikh was going to shift out and she yelled at him not to, but he came out anyway. I am satisfied Ms Black was racing 2 wide outside Mr Shaikh at the time of the incident.
I am conscious of the position Mr Shaikh found himself in. I agree with Mr Pitman that Mr Mosley’s horse was giving ground at this point in the race and was coming back onto Mr Shaikh. But Mr McLaughlin is also correct when he said there was no sudden slackening of the pace. An experienced jockey may have shifted wider on the track to give Mr Shaikh room but Ms Black, who like Mr Shaikh is an apprentice jockey, chose not to do so, but rather to yell to Mr Shaikh not to come out. It is important to note that the Rules of Racing permit Ms Black to hold her two wide line, and in so doing, she was pocketing Mr Shaikh behind Mr Mosley.
Mr Shaikh was required to take hold of COUP DARCI BE and to ease until room became available to take a run to the outside of Mr Mosley. For whatever reason but most probably through inexperience, he chose to endeavour to shift Ms Black wider on the track. In so doing, he came into contact with GHOSTINTHEMACHINE just behind the shoulder.
Decision:
I am satisfied Mr Shaikh has moved wider on the track when not his length and another clear of GHOSTINTHEMACHINE. In so doing he has ridden carelessly.
sumissionsforpenalty:
Mr McLaughlin produced the respondent’s record. It was clear under this rule. Mr McLaughlin believed the breach was towards mid-range. He accepted that the mitigating factors identified in the decision finding the charge proved had to be considered. On this basis he said the Committee might consider a 2-day penalty.
Mr Shaikh stated he had had about 100 rides and not been charged with careless riding before. He had declared rides at Omakau.
reasonsforpenalty:
The breach is mid-range but the fact that Mr Mosley was coming back onto Mr Shaikh and he was pocketed by Ms Black, when viewed in the context that Mr Shaikh is an inexperienced jockey, are relevant mitigating factors. These matters together with the fact that this is Mr Shaikh’s first breach of the careless riding rule permit a 3-day reduction from a 5-day starting point.
penalty:
Mr Shaikh is suspended from riding at the end of the meeting at Omakau 3 January up to and including 7 January. This is 2 South Island days.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr P Shaikh - Apprentice Jockey
Otherperson: Mr M Pitman - Licensed trainer assisting Mr Shaikh
PersonPresent:
Respondent:
StipendSteward:
raceid: ae948dd80b381eb8cc02aa3ea21f8b8e
race_expapproval:
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race_emailed1: 0
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race_title: R 7
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meetdate: 30/12/2014
meet_title: Kurow JC - 30 December 2014
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name: Kurow JC