R Te Aroha 22 October 2014 – R 7
ID: JCA13300
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 22 October 2014
Meet Chair:
ADooley
Race Date:
2014/10/22
Race Number:
R7
Decision:
The Committee note that “interference” is defined as: a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing.
Because Miss Smyth was not the required distance clear of LAMASON when shifting out, the Committee find the charge proved.
Penalty:
The Committee grants Miss Smyth's request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, the Committee imposes a suspension on Miss Smyth which will commence after racing on October 27 and conclude after racing on 7 November 2014 (6 North Island days).
Facts:
Following the running of race 7, Donaghys N – Boost 1200, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles alleged that near the 200 metres Miss Smyth allowed her mount HIGH TAIL IT to shift out, when not sufficiently clear of LAMASON (M Cameron) which was checked.
Miss Smyth acknowledged that she understood the nature of the charge, the Rule and confirmed she denied the breach. Mrs Fursdon assisted Miss Smyth at the hearing which took place after the last race.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Submissions for Decision:
Mr Williamson demonstrated the alleged incident using all the available video films. He pointed out to the Committee that near the 400 metres HIGH TAIL IT was racing in a 3 wide position in the middle of the field. He identified LAMASON which was racing in an approximately 8 wide position. He said Miss Smyth’s mount commenced to shift ground outwards passing the 350 metres and then continued to shift out dramatically until near the 200 metres. He noted Miss Smyth put the whip away for a short period of time however she then struck her mount again when it was continuing to shift out. In doing so Miss Smyth took the rightful running line of LAMASON when only a bare length clear. This resulted in LAMASON being checked losing ground.
Miss Smyth did not wish to cross examine Mr Williamson.
Mr Coles called Mr Cameron as a witness. Mr Cameron said he could see what was happening when Miss Smyth was shifting ground outwards. He said his momentum and rightful line was taken when Miss Smyth was just on a length clear of him. Mr Cameron advised that he had to take a hold of LAMASON for 6 or 7 strides to avoid clipping a heel of HIGH TAIL IT.
Miss Smyth asked Mr Cameron if he was just holding his ground at the point he had to take hold of his mount. Mr Cameron replied that he was entitled to his running line and he should not have been checked which resulted in his mount losing ground.
Miss Smyth told the Committee that HIGH TAIL IT had back problems and her mount was laying out in the final straight. Miss Smyth acknowledged that her mount did shift ground outwards however she believed she reacted to this by putting the whip away twice in an attempt to straighten up her mount.
Mr Coles in summing up said the films were quite clear that Miss Smyth permitted her mount to shift out 5 horse widths in the final straight. He said Miss Smyth stopped using the whip briefly before striking her mount again when it continued to shift out. This resulted in Mr Cameron having his rightful running line taken by Miss Smyth when she was only one length clear. Mr Coles noted Mr Cameron turned his mount head out and took a hold of LAMASON to avoid clipping a heel of HIGH TAIL IT.
Miss Smyth in summing up reiterated that HIGH TAIL IT had bad back problems and was known to hang. She confirmed that she put the whip away twice in the final straight.
Mrs Fursdon in summing up noted HIGH TAIL IT was making ground well in the straight. She said Miss Smyth was trying to keep her mount in a straight line when it was laying out. In her view Miss Smyth made a small error of judgement in asking her mount to go again when it was shifting ground out when ridden forward with the whip and requested for some leniency.
Reasons for Decision:
The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video films several times it was established that Miss Smyth permitted her mount to shift out at least 5 horse widths in the final straight. Miss Smyth did stop riding forward with the whip on one occasion however she made a poor error of judgement when continuing to ride her mount forward with the whip when HIGH TAIL IT was noticeably shifting ground out wider on the track. The video films confirm the evidence of the Stewards and Mr Cameron that Miss Smyth was only one length clear of LAMASON when it was checked losing ground.
Submissions for Penalty:
Mr Coles produced Miss Smyth’s record which showed 4 previous breaches under this Rule in the last 12 months. He said Miss Smyth’s record was not a good one and described it as fair. He said the amount of ground Miss Smyth shifted out in the straight was significant and her mount had given her a warning before the interference occurred. He added Mr Cameron was fortunate that he didn’t clip a heel. Mr Coles submitted a suspension in the mid – range would be appropriate.
Miss Smyth advised that she had upcoming engagements at Te Rapa on October 27, and sought a deferment to any proposed suspension.
Miss Smyth confirmed that she rode only in the North Island.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. There were no mitigating factors. The aggravating facts were Miss Smyth’s record which is clearly below average with today being her 5th breach under this Rule in the last 12 months. The level of carelessness was assessed as mid – range. Miss Smyth was fortunate Mr Cameron was an experienced rider who took a hold of his mount to avoid clipping a heel of HIGH TAIL IT otherwise the interference may have resulted in greater consequences.
After taking into account all the above factors the Committee consider an appropriate penalty is a 6 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: 5ebf824c4a67c40f189f87c8020fc7bb
informantnumber: A4355
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 17/10/2014
hearing_title: R Te Aroha 22 October 2014 - R 7
charge:
facts:
Following the running of race 7, Donaghys N – Boost 1200, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles alleged that near the 200 metres Miss Smyth allowed her mount HIGH TAIL IT to shift out, when not sufficiently clear of LAMASON (M Cameron) which was checked.
Miss Smyth acknowledged that she understood the nature of the charge, the Rule and confirmed she denied the breach. Mrs Fursdon assisted Miss Smyth at the hearing which took place after the last race.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
appealdecision:
isappeal:
submissionsfordecision:
Mr Williamson demonstrated the alleged incident using all the available video films. He pointed out to the Committee that near the 400 metres HIGH TAIL IT was racing in a 3 wide position in the middle of the field. He identified LAMASON which was racing in an approximately 8 wide position. He said Miss Smyth’s mount commenced to shift ground outwards passing the 350 metres and then continued to shift out dramatically until near the 200 metres. He noted Miss Smyth put the whip away for a short period of time however she then struck her mount again when it was continuing to shift out. In doing so Miss Smyth took the rightful running line of LAMASON when only a bare length clear. This resulted in LAMASON being checked losing ground.
Miss Smyth did not wish to cross examine Mr Williamson.
Mr Coles called Mr Cameron as a witness. Mr Cameron said he could see what was happening when Miss Smyth was shifting ground outwards. He said his momentum and rightful line was taken when Miss Smyth was just on a length clear of him. Mr Cameron advised that he had to take a hold of LAMASON for 6 or 7 strides to avoid clipping a heel of HIGH TAIL IT.
Miss Smyth asked Mr Cameron if he was just holding his ground at the point he had to take hold of his mount. Mr Cameron replied that he was entitled to his running line and he should not have been checked which resulted in his mount losing ground.
Miss Smyth told the Committee that HIGH TAIL IT had back problems and her mount was laying out in the final straight. Miss Smyth acknowledged that her mount did shift ground outwards however she believed she reacted to this by putting the whip away twice in an attempt to straighten up her mount.
Mr Coles in summing up said the films were quite clear that Miss Smyth permitted her mount to shift out 5 horse widths in the final straight. He said Miss Smyth stopped using the whip briefly before striking her mount again when it continued to shift out. This resulted in Mr Cameron having his rightful running line taken by Miss Smyth when she was only one length clear. Mr Coles noted Mr Cameron turned his mount head out and took a hold of LAMASON to avoid clipping a heel of HIGH TAIL IT.
Miss Smyth in summing up reiterated that HIGH TAIL IT had bad back problems and was known to hang. She confirmed that she put the whip away twice in the final straight.
Mrs Fursdon in summing up noted HIGH TAIL IT was making ground well in the straight. She said Miss Smyth was trying to keep her mount in a straight line when it was laying out. In her view Miss Smyth made a small error of judgement in asking her mount to go again when it was shifting ground out when ridden forward with the whip and requested for some leniency.
reasonsfordecision:
The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video films several times it was established that Miss Smyth permitted her mount to shift out at least 5 horse widths in the final straight. Miss Smyth did stop riding forward with the whip on one occasion however she made a poor error of judgement when continuing to ride her mount forward with the whip when HIGH TAIL IT was noticeably shifting ground out wider on the track. The video films confirm the evidence of the Stewards and Mr Cameron that Miss Smyth was only one length clear of LAMASON when it was checked losing ground.
Decision:
The Committee note that “interference” is defined as: a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing.
Because Miss Smyth was not the required distance clear of LAMASON when shifting out, the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Miss Smyth’s record which showed 4 previous breaches under this Rule in the last 12 months. He said Miss Smyth’s record was not a good one and described it as fair. He said the amount of ground Miss Smyth shifted out in the straight was significant and her mount had given her a warning before the interference occurred. He added Mr Cameron was fortunate that he didn’t clip a heel. Mr Coles submitted a suspension in the mid – range would be appropriate.
Miss Smyth advised that she had upcoming engagements at Te Rapa on October 27, and sought a deferment to any proposed suspension.
Miss Smyth confirmed that she rode only in the North Island.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. There were no mitigating factors. The aggravating facts were Miss Smyth’s record which is clearly below average with today being her 5th breach under this Rule in the last 12 months. The level of carelessness was assessed as mid – range. Miss Smyth was fortunate Mr Cameron was an experienced rider who took a hold of his mount to avoid clipping a heel of HIGH TAIL IT otherwise the interference may have resulted in greater consequences.
After taking into account all the above factors the Committee consider an appropriate penalty is a 6 day suspension.
penalty:
The Committee grants Miss Smyth's request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, the Committee imposes a suspension on Miss Smyth which will commence after racing on October 27 and conclude after racing on 7 November 2014 (6 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Miss R Smyth - Apprentice Rider of HIGH TAIL IT, Mrs K Fursdon - Trainer assisting Miss R Smyth
Otherperson: Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 160749a54e582083d497d48b14571d05
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: a85b61327ac87e0f7cdb17d917c81e17
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waitingforpublication: 0
meet_emailed1: 0
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meetdate: 22/10/2014
meet_title: Racing Te Aroha - 22 October 2014
meet_expappcomment:
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tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Racing Te Aroha