Auckland RC 10 March 2018 – R 8 – Chair, Mr A Dooley
ID: JCA13196
Code:
Thoroughbred
Meet Title:
Auckland RC - 10 March 2018
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2018/03/10
Race Number:
Race 8
Decision:
As Mr Browne admitted the breach the Committee found the charge proved.
Penalty:
The Committee grants a deferment to Mr Browne’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Browne had his license to ride in races suspended for a period to commence after racing on 17 March and conclude after racing on 31 March 2018.
(*refer to footnote).
* On the morning of 12 March 2018 it was brought to the attention of the Judicial Committee by the Informant, Mr Oatham that Mr Browne was enquiring as to whether his dates of suspension could be amended.
Mr Browne advised that upon his return to Australia he became aware that he had no firm commitments this week and requested that his suspension could start immediately.
Mr Oatham submitted that the RIU would normally have an objection to an amendment of dates once the penalty has been announced by the JCA. However, given the circumstances in this particular case the RIU had no objection to an amendment.
The JCA Policy is that if a rider is not satisfied with his or her penalty they have a right of an appeal which is filed with the JCA Executive Officer.
However, the Committee recognises that this charge does have some exceptional circumstances in that Mr Browne (Queensland based Jockey) did not have full access to his commitments in the next 7 days. For that reason the Committee have exercised their discretion and granted an amendment to the penalty.
In conclusion the Committee must emphasise that this decision does not set any precedent for a rider’s suspension in the future.
AMENDMENT.
Accordingly, Mr Browne’s had his license to ride in races suspended for a period to commence after racing on 11 March and conclude after racing on 25 March 2017 (9 national days).
March 12 at Hawera was not included in Mr Browne’s penalty.
Facts:
Following the running of race 8, Bonecrusher New Zealand Stakes (Group 1), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Browne permitted his mount DARSCAPE PRINCESS to shift inwards passing the 150 metres when not sufficiently clear of LIZZIE L’ AMOUR which was checked and continued to shift inwards hampering SAVVY DREAMS.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Browne acknowledged that he understood the Rule and confirmed that he admitted the breach.
Mr Coles demonstrated the incident using the available video footage. He identified that Mr Browne permitted his mount to lay in near the 150 metres when not sufficiently clear of LIZZIE L’AMOUR. He said this resulted in Mr Cameron having to steady his mount when checked. He said that Mr Browne continued to ride his mount forward when DARSCAPE PRINCESS was inclined to lay in. He identified on the back on film that the following inward shift was quite sharp and this inconvenienced SAVVY DREAMS.
Mr Browne said that his mount had given him a torrid ride during the race. He said that DARSCAPE PRINCESS was having her first start right handed and his mount had an inclination to lay in. Mr Browne stated that he could have done a little more to prevent the inward shift. He said the affected horses only had to steady for a stride and described the level of interference as minimal.
Submissions for Penalty:
Mr Oatham produced Mr Browne’s Australian record which showed 2 previous breaches under this Rule in the last 12 months. Mr Oatham assessed the level of carelessness as low to mid-range and noted that LIZZIE L’AMOUR was “battling” when checked. He said that SAVVY DREAMS suffered minimal interference. He submitted that the aggravating factors were the breach occurred in a Group 1 race worth $200,000. In conclusion he said that Mr Browne had cooperated with the Stewards during their investigation and to his credit he admitted the breach.
Mr Browne advised that he had engagements on 17 March and therefore sought a 7 day deferment to fulfil those engagements. He reiterated that in his opinion the level of interference was low and DARSCAPE PRINCESS' racing manners contributed to the incident.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee observed that Mr Browne allowed DARSCAPE PRINCESS to shift in 1 horse width near the 150 metres when insufficiently clear of LIZZIE L’AMOUR. This resulted in LIZZIE L’AMOUR being hampered for a few strides. It was obvious that shortly after DARSCAPE PRINCESS continued to shift in a further 3 horse widths. This resulted in SAVVY DREAMS being briefly inconvenienced at a crucial stage in the race.
The Committee deemed the totality of the carelessness as low to mid-range.
The Committee adopted 7 days as the starting point.
The Committee also had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
The aggravating factors were the breach occurred in a Group 1 race with stake payable of $200,000 and as a consequence of Mr Browne’s actions 2 horses had their momentum hampered for a small number of strides. For these combined factors a 3 day uplift in penalty was applied.
The mitigating factors were Mr Browne’s admission of the breach and his good record. For these combined factors we afforded Mr Browne a 1 day reduction in penalty.
After taking into account all the above factors the Committee considered that an appropriate suspension was 9 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: 510c82c33c137b95187ba61f1db0b842
informantnumber: A10053
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 12/03/2018
hearing_title: Auckland RC 10 March 2018 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Bonecrusher New Zealand Stakes (Group 1), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Browne permitted his mount DARSCAPE PRINCESS to shift inwards passing the 150 metres when not sufficiently clear of LIZZIE L’ AMOUR which was checked and continued to shift inwards hampering SAVVY DREAMS.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Browne acknowledged that he understood the Rule and confirmed that he admitted the breach.
Mr Coles demonstrated the incident using the available video footage. He identified that Mr Browne permitted his mount to lay in near the 150 metres when not sufficiently clear of LIZZIE L’AMOUR. He said this resulted in Mr Cameron having to steady his mount when checked. He said that Mr Browne continued to ride his mount forward when DARSCAPE PRINCESS was inclined to lay in. He identified on the back on film that the following inward shift was quite sharp and this inconvenienced SAVVY DREAMS.
Mr Browne said that his mount had given him a torrid ride during the race. He said that DARSCAPE PRINCESS was having her first start right handed and his mount had an inclination to lay in. Mr Browne stated that he could have done a little more to prevent the inward shift. He said the affected horses only had to steady for a stride and described the level of interference as minimal.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Browne admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Browne’s Australian record which showed 2 previous breaches under this Rule in the last 12 months. Mr Oatham assessed the level of carelessness as low to mid-range and noted that LIZZIE L’AMOUR was “battling” when checked. He said that SAVVY DREAMS suffered minimal interference. He submitted that the aggravating factors were the breach occurred in a Group 1 race worth $200,000. In conclusion he said that Mr Browne had cooperated with the Stewards during their investigation and to his credit he admitted the breach.
Mr Browne advised that he had engagements on 17 March and therefore sought a 7 day deferment to fulfil those engagements. He reiterated that in his opinion the level of interference was low and DARSCAPE PRINCESS' racing manners contributed to the incident.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee observed that Mr Browne allowed DARSCAPE PRINCESS to shift in 1 horse width near the 150 metres when insufficiently clear of LIZZIE L’AMOUR. This resulted in LIZZIE L’AMOUR being hampered for a few strides. It was obvious that shortly after DARSCAPE PRINCESS continued to shift in a further 3 horse widths. This resulted in SAVVY DREAMS being briefly inconvenienced at a crucial stage in the race.
The Committee deemed the totality of the carelessness as low to mid-range.
The Committee adopted 7 days as the starting point.
The Committee also had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
The aggravating factors were the breach occurred in a Group 1 race with stake payable of $200,000 and as a consequence of Mr Browne’s actions 2 horses had their momentum hampered for a small number of strides. For these combined factors a 3 day uplift in penalty was applied.
The mitigating factors were Mr Browne’s admission of the breach and his good record. For these combined factors we afforded Mr Browne a 1 day reduction in penalty.
After taking into account all the above factors the Committee considered that an appropriate suspension was 9 national riding days.
penalty:
The Committee grants a deferment to Mr Browne’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Browne had his license to ride in races suspended for a period to commence after racing on 17 March and conclude after racing on 31 March 2018.
(*refer to footnote).
* On the morning of 12 March 2018 it was brought to the attention of the Judicial Committee by the Informant, Mr Oatham that Mr Browne was enquiring as to whether his dates of suspension could be amended.
Mr Browne advised that upon his return to Australia he became aware that he had no firm commitments this week and requested that his suspension could start immediately.
Mr Oatham submitted that the RIU would normally have an objection to an amendment of dates once the penalty has been announced by the JCA. However, given the circumstances in this particular case the RIU had no objection to an amendment.
The JCA Policy is that if a rider is not satisfied with his or her penalty they have a right of an appeal which is filed with the JCA Executive Officer.
However, the Committee recognises that this charge does have some exceptional circumstances in that Mr Browne (Queensland based Jockey) did not have full access to his commitments in the next 7 days. For that reason the Committee have exercised their discretion and granted an amendment to the penalty.
In conclusion the Committee must emphasise that this decision does not set any precedent for a rider’s suspension in the future.
AMENDMENT.
Accordingly, Mr Browne’s had his license to ride in races suspended for a period to commence after racing on 11 March and conclude after racing on 25 March 2017 (9 national days).
March 12 at Hawera was not included in Mr Browne’s penalty.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr D Browne - Queensland based Class A Jockey
Otherperson: Mr M Williamson - Senior Stipendiary Steward, Mr Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 4ce8520101fc861461583fa4ce27a36d
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
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meetdate: 10/03/2018
meet_title: Auckland RC - 10 March 2018
meet_expappcomment:
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meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
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