Canterbury JC 22 September 2018 – R 7 – Chair, Mr S Ching
ID: JCA13535
Code:
Thoroughbred
Meet Title:
Canterbury JC - 22 September 2018
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2018/09/22
Race Number:
R6
Decision:
As Miss Comignaghi had admitted the breach, the charge was found proved.
Penalty:
Miss Comignaghi’s Class B Jockeys licence is suspended from the conclusion of racing 24 September up to and including 30 September 2018.
Facts:
Following the running of Race 7, the Christchurch Casino New Zealand Cup Trial, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Miss T Comignaghi alleging careless riding in that she permitted her mount, ELFEE, to shift ground near the 700m, causing DEE AND GEE, ridden by Miss T Jonker, to be checked.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Comignaghi had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Comignaghi also agreed that she understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Comingnaghi at the hearing.
Mr Davidson gave evidence and used video coverage to show that nearing the 700m, ELFEE, ridden by Miss Comingnaghi was racing 3 back on the rail with DEE AND GEE, ridden by Miss T Jonker, racing on her outside. Mr Davidson pointed out on the videos, Miss Comignaghi shift out when not clear of Miss Jonker when attempting to go around GENTIL TONTON, ridden by Mr N Bakar. Mr Davidson said Miss Comingnaghi was not entitled to shift out as Miss Jonker was established on her outside. He added that GENTIL TONTON shifted out shortly after Miss Comignaghi shifted but was entitled to do so because there was sufficient room.
Mr Walsh said it was clear Miss Comignaghi had shifted out when not clear. He said the moment she shifted, the horse in front of her shifted out as well which dictated her a bit more than needed and made it a little bit worse.
Submissions for Penalty:
Mr Davidson stated that Miss Comignaghi was a busy rider and her record showed she had received a 6 National day suspension on 7 April 2018 at Riccarton and a 7 National day suspension on 29 April 2018 at Marlborough, 5 months prior. Mr Davidson said the breach was low range with the JCA Penalty guide providing a 6 national day starting point. He said that consideration be given to Miss Comignaghi’s ready admission of the breach and her relatively good record over the previous 5 months, as mitigating factors.
Miss Comignaghi elected to make no submissions on penalty. Mr Walsh submitted that credit be considered for Miss Comignaghi’s admission of the breach, her relatively good record and the low level of the breach.
Deferment was not discussed as there were no relevant meetings to consider.
Reasons for Penalty:
The JCA Penalty Guide for a low-range breach of this rule is a 6 National day suspension. The Committee also assessed this breach as low-range and therefore adopted a 6 National day starting point. Miss Comignaghi’s record showed 2 breaches in April, 5 months prior, and since then Miss Comignaghi, has been a busy rider over those months. We were therefore prepared to consider her record as neutral in this case. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We were however able to afford Miss Comignaghi a discount for her frank admission of the breach which we set at 1 day. We therefore determined that a 5 National-day suspension was an appropriate penalty in this case.
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: 428efae66eed02c17658130ef3b92149
informantnumber: A8192
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 638(1)(d)-Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 25/09/2018
hearing_title: Canterbury JC 22 September 2018 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Christchurch Casino New Zealand Cup Trial, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Miss T Comignaghi alleging careless riding in that she permitted her mount, ELFEE, to shift ground near the 700m, causing DEE AND GEE, ridden by Miss T Jonker, to be checked.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Comignaghi had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Comignaghi also agreed that she understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Comingnaghi at the hearing.
Mr Davidson gave evidence and used video coverage to show that nearing the 700m, ELFEE, ridden by Miss Comingnaghi was racing 3 back on the rail with DEE AND GEE, ridden by Miss T Jonker, racing on her outside. Mr Davidson pointed out on the videos, Miss Comignaghi shift out when not clear of Miss Jonker when attempting to go around GENTIL TONTON, ridden by Mr N Bakar. Mr Davidson said Miss Comingnaghi was not entitled to shift out as Miss Jonker was established on her outside. He added that GENTIL TONTON shifted out shortly after Miss Comignaghi shifted but was entitled to do so because there was sufficient room.
Mr Walsh said it was clear Miss Comignaghi had shifted out when not clear. He said the moment she shifted, the horse in front of her shifted out as well which dictated her a bit more than needed and made it a little bit worse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Comignaghi had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson stated that Miss Comignaghi was a busy rider and her record showed she had received a 6 National day suspension on 7 April 2018 at Riccarton and a 7 National day suspension on 29 April 2018 at Marlborough, 5 months prior. Mr Davidson said the breach was low range with the JCA Penalty guide providing a 6 national day starting point. He said that consideration be given to Miss Comignaghi’s ready admission of the breach and her relatively good record over the previous 5 months, as mitigating factors.
Miss Comignaghi elected to make no submissions on penalty. Mr Walsh submitted that credit be considered for Miss Comignaghi’s admission of the breach, her relatively good record and the low level of the breach.
Deferment was not discussed as there were no relevant meetings to consider.
reasonsforpenalty:
The JCA Penalty Guide for a low-range breach of this rule is a 6 National day suspension. The Committee also assessed this breach as low-range and therefore adopted a 6 National day starting point. Miss Comignaghi’s record showed 2 breaches in April, 5 months prior, and since then Miss Comignaghi, has been a busy rider over those months. We were therefore prepared to consider her record as neutral in this case. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We were however able to afford Miss Comignaghi a discount for her frank admission of the breach which we set at 1 day. We therefore determined that a 5 National-day suspension was an appropriate penalty in this case.
penalty:
Miss Comignaghi’s Class B Jockeys licence is suspended from the conclusion of racing 24 September up to and including 30 September 2018.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: M Davidson- Stipendiary Steward
JockeysandTrainer: T Comignaghi-Class B Rider
Otherperson: D Walsh- Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 235a29895dcef2f94ed329f9a1ad2f12
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1dc524fef5dec2c43f51d0ec605ef95b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/09/2018
meet_title: Canterbury JC - 22 September 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Canterbury JC