R Te Aroha 24 April 2013 – R 2
ID: JCA13682
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 24 April 2013
Meet Chair:
RSeabrook
Meet Committee Member 1:
ADooley
Race Date:
2013/04/24
Race Number:
R2
Decision:
As the breach was admitted we find the charge proved.
Penalty:
The committee has adopted the standard 5 day starting point for assessing the appropriate penalty. After taking all the above factors into account and giving Mr Phelan credit for his admission of the breach and clear record we determine the correct penalty is one of 4 days. Accordingly we suspend Mr Phelan from riding in races from after today's racing, 24 April, until after the conclusion of racing on 7 May (4 days). The committee acknowledges that Mr Phelan has a history of riding through out the country. The 4 day suspension includes all eligble race days on which Mr Phelan is able to ride. We reject Mr Phelan's request to ride at Riverton on 2 May as that meeting occurs outside the 7 day deferral allowed under rule 1106 (2).
Charge:
Following race 2, The McConnochies Service Station 2200, the informant Mr Williamson, alleged that passing the 1700 metres Mr S Phelan allowed his mount to shift in when not clear of PALEMO (A Kuru). This caused PALEMO having to steady when crowded forcing him back on to REYNARDS BRO (K Veenendaal) which shifted out abruptly taking GENEROUS TYPE (C Studd) over extra ground.
Facts:
Rule 638 (1) (d) provides: a rider shall not ride a horse in a manner which the judicial committee considers to be careless.
Mr Coles demonstrated the video films which showed WEST END racing in a 3 wide position passing the 1700 metres. Mr Coles pointed out Mr Phelan then allowing his mount to shift in when only 3/4 length clear of PALEMO. This resulted in PALEMO, who was racing directly behind WEST END, being steadied which in turn caused sharp checks to REYNARDS BRO and GENEROUS TYPE.
Mr Phelan, while admitting the breach, told the committee he thought he was clear when moving in but conceded he had misjudged the distance because of the heavy ground. He believed SUPERCHARGED (P Ormsby) had not cornered well which pushed PALEMO out. He added that RAYNARDS BRO had overreacted by ducking out making the incident look worse.
Submissions for Penalty:
Mr Williamson said Mr Phelan was not the required distance clear when moving in but submitted the breach was towards the lower end. He submitted Mr Phelan had a clear record and the penalty should be at the low end.
Mr Phelan said he had commitments on 2 May at Riverton in 8 days time for which he had already booked and paid for air tickets. He therefore asked for any suspension to start immediately as he had no commitments before Riverton.
Reasons for Penalty:
The committee carefully considered all evidence and submissions. In mitigation Mr Phelan has a clear record and he has admitted the breach. However in aggravation he was not the required distance clear when moving in which caused 2 horses to receive sharp checks. The committee noted that Miss Veenendaal was nearly dislodged as a result of the check she received. For these reasons the committee independently assesses the breach to be in the low to mid range.
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: 57cf626d8394e4260c69d390a93b4e8c
informantnumber: 2824
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 21/04/2013
hearing_title: R Te Aroha 24 April 2013 - R 2
charge:
Following race 2, The McConnochies Service Station 2200, the informant Mr Williamson, alleged that passing the 1700 metres Mr S Phelan allowed his mount to shift in when not clear of PALEMO (A Kuru). This caused PALEMO having to steady when crowded forcing him back on to REYNARDS BRO (K Veenendaal) which shifted out abruptly taking GENEROUS TYPE (C Studd) over extra ground.
facts:
Rule 638 (1) (d) provides: a rider shall not ride a horse in a manner which the judicial committee considers to be careless.
Mr Coles demonstrated the video films which showed WEST END racing in a 3 wide position passing the 1700 metres. Mr Coles pointed out Mr Phelan then allowing his mount to shift in when only 3/4 length clear of PALEMO. This resulted in PALEMO, who was racing directly behind WEST END, being steadied which in turn caused sharp checks to REYNARDS BRO and GENEROUS TYPE.
Mr Phelan, while admitting the breach, told the committee he thought he was clear when moving in but conceded he had misjudged the distance because of the heavy ground. He believed SUPERCHARGED (P Ormsby) had not cornered well which pushed PALEMO out. He added that RAYNARDS BRO had overreacted by ducking out making the incident look worse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Williamson said Mr Phelan was not the required distance clear when moving in but submitted the breach was towards the lower end. He submitted Mr Phelan had a clear record and the penalty should be at the low end.
Mr Phelan said he had commitments on 2 May at Riverton in 8 days time for which he had already booked and paid for air tickets. He therefore asked for any suspension to start immediately as he had no commitments before Riverton.
reasonsforpenalty:
The committee carefully considered all evidence and submissions. In mitigation Mr Phelan has a clear record and he has admitted the breach. However in aggravation he was not the required distance clear when moving in which caused 2 horses to receive sharp checks. The committee noted that Miss Veenendaal was nearly dislodged as a result of the check she received. For these reasons the committee independently assesses the breach to be in the low to mid range.
penalty:
The committee has adopted the standard 5 day starting point for assessing the appropriate penalty. After taking all the above factors into account and giving Mr Phelan credit for his admission of the breach and clear record we determine the correct penalty is one of 4 days. Accordingly we suspend Mr Phelan from riding in races from after today's racing, 24 April, until after the conclusion of racing on 7 May (4 days). The committee acknowledges that Mr Phelan has a history of riding through out the country. The 4 day suspension includes all eligble race days on which Mr Phelan is able to ride. We reject Mr Phelan's request to ride at Riverton on 2 May as that meeting occurs outside the 7 day deferral allowed under rule 1106 (2).
hearing_type: Hearing
Rules: 638 (1) (d)
Informant: Mr M Williamson, Stipendiary Steward
JockeysandTrainer: Mr S Phelan, rider of WEST END
Otherperson: A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c4b8843a821c8b43adfc01c6dd8d5602
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a88f89771a1ce81acaecec0bf71ecab5
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/04/2013
meet_title: Racing Te Aroha - 24 April 2013
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "130", "Total": "80.6", "kmprice": 80.599999999999994, "Approved": "on"}]
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: ADooley
meet_pm2: none
name: Racing Te Aroha