Archive Decision

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WintJC 18 September 2013 – R 6

ID: JCA13172

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr R Doherty - Apprentice Jockey

Information Number:
5786

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Winton JC - 18 September 2013

Meet Chair:
NSkelt

Race Date:
2013/09/18

Race Number:
R 6

Decision:

As Mr Doherty admitted the breach the charge was found proved.

Penalty:

Accordingly, a suspension is imposed on Mr Doherty which will commence after racing on Saturday, 21 September 2013 and conclude after racing on Saturday, 28 September 2013 (2 South Island riding days).

Charge:

Following the running of Race 6 the Nightcaps Contracting/Bullied Engineering Handicap, an Information (5786) was filed pursuant to rule 638 (1) (d). The informant, Mr M Davidson, alleged that Mr Doherty permitted his mount ON THE TAKE to shift out, forcing STRIKE UP THE BAND (J Bullard) out onto GALLIVANT (Miss A Frye) with both runners being forced off their line.

Mr Doherty acknowledged he understood the nature of the charge and the rule.

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

Facts:

Mr Zarb identified on the video clip ON THE TAKE (R Doherty) racing behind the tiring CITYCENTA (Miss L McKay). Prior to the home turn ON THE TAKE at this point shifted outwards, when there was insufficient room, forcing both STRIKE UP THE BAND and GALLIVANT to be forced off their line and over extra ground.

Mr Doherty stated that he simply made an error of judgment.

Submissions for Penalty:

Mr Davidson produced Mr Doherty’s record, which showed no previous breaches under this rule in the past 12 months. He stated that Mr Doherty was a very busy and successful rider, with over 370 rides last season, and rode both on the flat and in jumping races.

Mr Davidson also submitted that some credit should be given to Mr Doherty’s early admittance of the breach. Mr Davidson stated that he assessed the carelessness at the low end of the scale.

Mr Doherty stated that he had firm riding engagements for the Canterbury Jockey Club on Saturday, 21 September and that he had six to seven rides most race days.

Reasons for Penalty:

All of the evidence and submissions were carefully considered. The mitigating factors are significant, in the early admission of the breach, and Mr Doherty’s clear record in relation to this rule.

After taking into account all of the above factors I consider an appropriate penalty is a 2 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: 4d59398d4a9e6a41ea7cc778f184ba8f


informantnumber: 5786


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2013


hearing_title: WintJC 18 September 2013 - R 6


charge:

Following the running of Race 6 the Nightcaps Contracting/Bullied Engineering Handicap, an Information (5786) was filed pursuant to rule 638 (1) (d). The informant, Mr M Davidson, alleged that Mr Doherty permitted his mount ON THE TAKE to shift out, forcing STRIKE UP THE BAND (J Bullard) out onto GALLIVANT (Miss A Frye) with both runners being forced off their line.

Mr Doherty acknowledged he understood the nature of the charge and the rule.

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


facts:

Mr Zarb identified on the video clip ON THE TAKE (R Doherty) racing behind the tiring CITYCENTA (Miss L McKay). Prior to the home turn ON THE TAKE at this point shifted outwards, when there was insufficient room, forcing both STRIKE UP THE BAND and GALLIVANT to be forced off their line and over extra ground.

Mr Doherty stated that he simply made an error of judgment.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Doherty admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Davidson produced Mr Doherty’s record, which showed no previous breaches under this rule in the past 12 months. He stated that Mr Doherty was a very busy and successful rider, with over 370 rides last season, and rode both on the flat and in jumping races.

Mr Davidson also submitted that some credit should be given to Mr Doherty’s early admittance of the breach. Mr Davidson stated that he assessed the carelessness at the low end of the scale.

Mr Doherty stated that he had firm riding engagements for the Canterbury Jockey Club on Saturday, 21 September and that he had six to seven rides most race days.


reasonsforpenalty:

All of the evidence and submissions were carefully considered. The mitigating factors are significant, in the early admission of the breach, and Mr Doherty’s clear record in relation to this rule.

After taking into account all of the above factors I consider an appropriate penalty is a 2 day suspension.


penalty:

Accordingly, a suspension is imposed on Mr Doherty which will commence after racing on Saturday, 21 September 2013 and conclude after racing on Saturday, 28 September 2013 (2 South Island riding days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr R Doherty - Apprentice Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1e8e44d08a321be1033a6b2d4b62abe1


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


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meetdate: 18/09/2013


meet_title: Winton JC - 18 September 2013


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tracklocation: winton-jc


meet_racingtype: thoroughbred-racing


meet_chair: NSkelt


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name: Winton JC