Archive Decision

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Whangarei RC 16 June 2018 – R 9 – Chair, Mr A Dooley

ID: JCA13108

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Ms K Cowan - Apprentice Jockey

Other Person:
Mr N Harris - Apprentice Jockey Mentor assisting Ms Cowan, Mr A Coles - Stipendiary Steward

Information Number:
A10399

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 16 June 2018

Meet Chair:
ADooley

Meet Committee Member 1:
ASmith

Race Date:
2018/06/16

Race Number:
R9

Decision:

As Ms Cowan admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Ms Cowan’s suspension pursuant to Rule 1106(2).

Accordingly, Ms Cowan had her license to ride in races suspended for a period to commence after racing on 23 June and conclude after racing on 4 July 2018.

Facts:

Following the running of race 9, Pierces Flooring Xtra, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Ms Cowan allowed EGO PRINCESS to shift in near the 900 metres when not clear of KIRKINTILLOCH which was dictated in onto OWEN PATRICK who was crowded and checked.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Ms Cowan acknowledged that she understood the Rule and confirmed that she admitted the breach. Mr Harris assisted Ms Cowan at the hearing.

Mr Coles demonstrated the incident using the available video footage. He identified that Ms Cowan was racing in a 4 wide position near the 900 metres when she allowed her mount to shift into the line of KIRKINTILLOCH when only a bare length clear. As a result that runner was forced in onto OWEN PATRICK which incurred a decent check. He said the breach was an error of judgement on Ms Cowan’s part.

Ms Cowan said that she agreed with Mr Coles’ interpretation of the incident. She said that she quickly rectified the inward shift but recognised that it was too late. She said that she was trying to do the right thing as the Trainers instructions were to lead and on reflection she erred in not taking a sit.

Mr Harris identified on the video films that Ms Cowan was racing near the lead and in a 4 wide position. He said that when Ms Cowan looked to her inside her mount simultaneously shifted in. He added that Ms Cowan was making good progress under Mr Tiley’s guidance.

Submissions for Penalty:

Mr Williamson produced Ms Cowan’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being November 2017. He said the Stewards assessed the carelessness to be just below midrange.

Ms Cowan advised the Committee that she had firm engagements on 23 June at Tauranga and any proposed suspension could start after that date. She asked the Committee to take into account her good record.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The video films showed that Ms Cowan allowed her mount to shift in 1 horse width near the 900 metres when not the required distance clear of KIRKINTILLOCH. This result in that runner being forced in onto OWEN PATRICK which suffered a sharp check losing approximately 2 lengths. We accept that Ms Cowan did take corrective action but it was too late as the interference had occurred. The Committee deemed the inward shift to be low range and the consequential effects of Ms Cowan’s actions were midrange. Therefore the totality of the carelessness was low to midrange and a starting point of 7 national riding days was adopted.

There were no aggravating factors.

The mitigating factors were Ms Cowan’s admission of the breach and her good record. For these combined factors she was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 6 national riding days.

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: 4353d24d1e07bbb24de90e025419e236


informantnumber: A10399


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 17/06/2018


hearing_title: Whangarei RC 16 June 2018 - R 9 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 9, Pierces Flooring Xtra, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Ms Cowan allowed EGO PRINCESS to shift in near the 900 metres when not clear of KIRKINTILLOCH which was dictated in onto OWEN PATRICK who was crowded and checked.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Ms Cowan acknowledged that she understood the Rule and confirmed that she admitted the breach. Mr Harris assisted Ms Cowan at the hearing.

Mr Coles demonstrated the incident using the available video footage. He identified that Ms Cowan was racing in a 4 wide position near the 900 metres when she allowed her mount to shift into the line of KIRKINTILLOCH when only a bare length clear. As a result that runner was forced in onto OWEN PATRICK which incurred a decent check. He said the breach was an error of judgement on Ms Cowan’s part.

Ms Cowan said that she agreed with Mr Coles’ interpretation of the incident. She said that she quickly rectified the inward shift but recognised that it was too late. She said that she was trying to do the right thing as the Trainers instructions were to lead and on reflection she erred in not taking a sit.

Mr Harris identified on the video films that Ms Cowan was racing near the lead and in a 4 wide position. He said that when Ms Cowan looked to her inside her mount simultaneously shifted in. He added that Ms Cowan was making good progress under Mr Tiley’s guidance.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Cowan admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson produced Ms Cowan’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being November 2017. He said the Stewards assessed the carelessness to be just below midrange.

Ms Cowan advised the Committee that she had firm engagements on 23 June at Tauranga and any proposed suspension could start after that date. She asked the Committee to take into account her good record.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The video films showed that Ms Cowan allowed her mount to shift in 1 horse width near the 900 metres when not the required distance clear of KIRKINTILLOCH. This result in that runner being forced in onto OWEN PATRICK which suffered a sharp check losing approximately 2 lengths. We accept that Ms Cowan did take corrective action but it was too late as the interference had occurred. The Committee deemed the inward shift to be low range and the consequential effects of Ms Cowan’s actions were midrange. Therefore the totality of the carelessness was low to midrange and a starting point of 7 national riding days was adopted.

There were no aggravating factors.

The mitigating factors were Ms Cowan’s admission of the breach and her good record. For these combined factors she was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 6 national riding days.


penalty:

The Committee grants a deferment to Ms Cowan’s suspension pursuant to Rule 1106(2).

Accordingly, Ms Cowan had her license to ride in races suspended for a period to commence after racing on 23 June and conclude after racing on 4 July 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Ms K Cowan - Apprentice Jockey


Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Ms Cowan, Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 0c35f2dc85dee054790a1b2936478bc8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


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meetid: b8f832b5fd19bb33e7f45eda74ff84b1


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meetdate: 16/06/2018


meet_title: Whangarei RC - 16 June 2018


meet_expappcomment:


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tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: ASmith


meet_pm2: none


name: Whangarei RC