Archive Decision

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R Rotorua 27 December 2011 – R 9

ID: JCA13480

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr C Ormsby - Licensed Jockey

Other Person:
Ms T Collett - Licensed Jockey, Ms T Thornton - Licensed Jockey, Mr A Cole - Stipendiary Steward

Information Number:
2169

Hearing Type:
Hearing

Rules:
638 1(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 27 December 2011

Meet Chair:
GJones

Meet Committee Member 1:
GTankard

Race Date:
2011/12/27

Race Number:
R 9

Decision:

On that basis we find the charge proved.

Penalty:

We have taken into account Mr Ormsby’s riding commitments during the next 7 days and accordingly we suspend Mr Ormsby from the end of racing on 2nd January 2012 through to the conclusion of racing on 7 January 2012 (5 riding days). Mr Ormsby is therefore able to resume race riding from 8 January 2012.

Charge:

Careless riding.

Facts:

Licensed Jockey Mr C Ormsby permitted his mount to shift inwards near the 1000 metres when not sufficiently clear of Geisha (Ms T Thornton) which was forced inwards onto Bailey’s Rule (Ms T Collett) which was checked.

Submissions for Decision:

The Informant Mr Oatham told the Judicial Control Authority Committee (“the Committee”) that the alleged incident occurred near the 1000 metre mark. He said that Mr Ormsby, the rider of Ason shifted inwards and crowded Geisha resulting in a severe check to Bailey’s Rule.

Stipendiary Steward Mr Cole demonstrated the alleged incident by way of head and side-on video footage. He said that Mr Ormsby was three wide in the running and shifted inwards to a two wide position. In doing so he crowded Geisha which was forced on to Bailey’s Rule which suffered a severe check and lost ground. As a result Table One (Ms S Spratt) was also checked.

Mr Ormsby asked Mr Cole under cross examination whether Two Ticks ridden by Apprentice Jockey R Hutchings moved in on his mount and contributed to the incident. In response Mr Cole told the Committee that it was his view that there was no contributory interference by Mr Hutchings mount.

Ms T Collett told the Committee that her mount, Bailey’s Rule, was checked as a result of Geisha, who was on her outside, moving inwards.

Ms T Thornton told the Committee that her mount Geisha was tightened by Ason ridden by Mr Ormsby who was racing on her outside. She said that she “called out to Chad” but it was too late and her mount checked Bailey’s Rule who was racing on her inside.

Under cross examination Mr Ormsby asked Ms Thornton whether she thought that Mr Hutchings mount had dictated his position. Ms Thornton said that she was unable to comment on that proposition as she was concentrating on her own mount.

Mr Ormsby told the Committee that he was racing in a tight three wide position and his horse was racing keenly. He said that he decided to change his tactics and move his mount inwards to a two wide position. He said that at about the same time the horse racing on his outer, Two Ticks ridden by Mr Hutchings, moved across and took the three wide position that he had vacated. Mr Ormsby said that Mr Hutchings took his line and that he ought to have taken more care in shifting inward.

In response to a question from the Committee, Mr Oatham said that in his opinion Mr Hutchings inward movement was entirely appropriate.

In summing up the evidence for the Informant Mr Oatham told the Committee that it was the Stewards view that the incident occurred as a result of Mr Ormsby’s tactical decision to steady his mount and shift inwards. He said that once Mr Ormsby steadied his mount inwards, Mr Hutchings was perfectly entitled to move into the three wide position. Mr Ormsby had given up that position and was therefore never dictated to by Mr Hutchings.

In summing up Mr Orsmby reaffirmed his view that Mr Hutchings dictated his line.

Reasons for Decision:

The Committee carefully assessed the video footage and evidence of the various witnesses.

In our assessment Mr Ormsby made a conscious decision to shift inward and in doing so crowded Geisha which resulted in a severe check to Bailey’s Rule. We do not believe that Apprentice Jockey, Mr R Hutchings contributed in any way to the incident. Mr Ormsby’s contention that Mr Hutchings was a contributing factor is not supported by the evidence or the video footage of the incident.

Submissions for Penalty:

Mr Oatham submitted that Mr Ormsby has a very good record and has not breached this particular rule during the past 12 months. He said that the evidence in support of the charge was clear and that in his opinion the carelessness was mid to high range due to the severity of the resultant interference. He submitted that the charge ought to be dealt with by way of a suspension in the vicinity of 5 to 7 riding days. He noted that Mr Ormsby generally rides in the upper north and central regions.

Mr Ormsby submitted that the evidence was conflicting and in his view the incident was low to medium range. He asked that the Committee to give regard to his good race riding record and to note that he rode extensively in Australia (Queensland and Victoria) during the past 12 months without incident.

He said that he had confirmed riding commitments up to and including 2 January 2012.

Reasons for Penalty:

In assessing the penalty the Committee took into account the submissions presented by Mr Oatham and Mr Ormsby as well as the Penalty Guide for Committee Members. We noted that the resultant check to the horses most affected by this incident was severe. We also noted Mr Ormsby’s good record.

The Penalty Guide provides a starting point for a breach of this particular rule at 5 days. The Committee finds that this breach is above mid-range, but balances that against Mr Ormsby’s good race riding record which includes no previous breaches of this rule during the past 12 months.

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: 3c19e43a69c8ea102b7a7c67304f6eca


informantnumber: 2169


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 20/12/2011


hearing_title: R Rotorua 27 December 2011 - R 9


charge:

Careless riding.


facts:

Licensed Jockey Mr C Ormsby permitted his mount to shift inwards near the 1000 metres when not sufficiently clear of Geisha (Ms T Thornton) which was forced inwards onto Bailey’s Rule (Ms T Collett) which was checked.


appealdecision:


isappeal:


submissionsfordecision:

The Informant Mr Oatham told the Judicial Control Authority Committee (“the Committee”) that the alleged incident occurred near the 1000 metre mark. He said that Mr Ormsby, the rider of Ason shifted inwards and crowded Geisha resulting in a severe check to Bailey’s Rule.

Stipendiary Steward Mr Cole demonstrated the alleged incident by way of head and side-on video footage. He said that Mr Ormsby was three wide in the running and shifted inwards to a two wide position. In doing so he crowded Geisha which was forced on to Bailey’s Rule which suffered a severe check and lost ground. As a result Table One (Ms S Spratt) was also checked.

Mr Ormsby asked Mr Cole under cross examination whether Two Ticks ridden by Apprentice Jockey R Hutchings moved in on his mount and contributed to the incident. In response Mr Cole told the Committee that it was his view that there was no contributory interference by Mr Hutchings mount.

Ms T Collett told the Committee that her mount, Bailey’s Rule, was checked as a result of Geisha, who was on her outside, moving inwards.

Ms T Thornton told the Committee that her mount Geisha was tightened by Ason ridden by Mr Ormsby who was racing on her outside. She said that she “called out to Chad” but it was too late and her mount checked Bailey’s Rule who was racing on her inside.

Under cross examination Mr Ormsby asked Ms Thornton whether she thought that Mr Hutchings mount had dictated his position. Ms Thornton said that she was unable to comment on that proposition as she was concentrating on her own mount.

Mr Ormsby told the Committee that he was racing in a tight three wide position and his horse was racing keenly. He said that he decided to change his tactics and move his mount inwards to a two wide position. He said that at about the same time the horse racing on his outer, Two Ticks ridden by Mr Hutchings, moved across and took the three wide position that he had vacated. Mr Ormsby said that Mr Hutchings took his line and that he ought to have taken more care in shifting inward.

In response to a question from the Committee, Mr Oatham said that in his opinion Mr Hutchings inward movement was entirely appropriate.

In summing up the evidence for the Informant Mr Oatham told the Committee that it was the Stewards view that the incident occurred as a result of Mr Ormsby’s tactical decision to steady his mount and shift inwards. He said that once Mr Ormsby steadied his mount inwards, Mr Hutchings was perfectly entitled to move into the three wide position. Mr Ormsby had given up that position and was therefore never dictated to by Mr Hutchings.

In summing up Mr Orsmby reaffirmed his view that Mr Hutchings dictated his line.


reasonsfordecision:

The Committee carefully assessed the video footage and evidence of the various witnesses.

In our assessment Mr Ormsby made a conscious decision to shift inward and in doing so crowded Geisha which resulted in a severe check to Bailey’s Rule. We do not believe that Apprentice Jockey, Mr R Hutchings contributed in any way to the incident. Mr Ormsby’s contention that Mr Hutchings was a contributing factor is not supported by the evidence or the video footage of the incident.


Decision:

On that basis we find the charge proved.


sumissionsforpenalty:

Mr Oatham submitted that Mr Ormsby has a very good record and has not breached this particular rule during the past 12 months. He said that the evidence in support of the charge was clear and that in his opinion the carelessness was mid to high range due to the severity of the resultant interference. He submitted that the charge ought to be dealt with by way of a suspension in the vicinity of 5 to 7 riding days. He noted that Mr Ormsby generally rides in the upper north and central regions.

Mr Ormsby submitted that the evidence was conflicting and in his view the incident was low to medium range. He asked that the Committee to give regard to his good race riding record and to note that he rode extensively in Australia (Queensland and Victoria) during the past 12 months without incident.

He said that he had confirmed riding commitments up to and including 2 January 2012.


reasonsforpenalty:

In assessing the penalty the Committee took into account the submissions presented by Mr Oatham and Mr Ormsby as well as the Penalty Guide for Committee Members. We noted that the resultant check to the horses most affected by this incident was severe. We also noted Mr Ormsby’s good record.

The Penalty Guide provides a starting point for a breach of this particular rule at 5 days. The Committee finds that this breach is above mid-range, but balances that against Mr Ormsby’s good race riding record which includes no previous breaches of this rule during the past 12 months.


penalty:

We have taken into account Mr Ormsby’s riding commitments during the next 7 days and accordingly we suspend Mr Ormsby from the end of racing on 2nd January 2012 through to the conclusion of racing on 7 January 2012 (5 riding days). Mr Ormsby is therefore able to resume race riding from 8 January 2012.


hearing_type: Hearing


Rules: 638 1(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr C Ormsby - Licensed Jockey


Otherperson: Ms T Collett - Licensed Jockey, Ms T Thornton - Licensed Jockey, Mr A Cole - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


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meetdate: 27/12/2011


meet_title: Racing Rotorua - 27 December 2011


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tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: GJones


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name: Racing Rotorua