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Foxton RC 6 June 2011 – R3

ID: JCA13686

Applicant:
N. Goodwin

Respondent(s):
C. Carmine

Information Number:
5724

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Foxton RC - 6 June 2011

Meet Chair:
TCastles

Meet Committee Member 1:
NMcCutcheon

Race Date:
2011/06/06

Race Number:
R3

Decision:

As the charge was admitted the breach was deemed proven.

Penalty:

Mr. Carmine, this committee has decided to suspend you from race riding after the completion of racing from today, the 6th of June, until the completion of racing on Friday the 17th of June. 6 ‘Central and Northern’ race days.
 

 

Charge:

Alledged breach of rule 638 (1) (d)

Facts:

Passing the 900 metre mark, C. Carmine permitted his mount McDaids to shift in causing tightening to Don’t Like Monday which in turn shifted inwards forcing Share The Blame onto the line of Venerate who was checked. Mr. Carmine admitted the breach.

Submissions for Decision:

Mr. Goodwin showed the available films and pointed out to the committee the incident in which Mr. Carmines mount McDaids shifted in, at about the 900 metre mark.  The horse immediately on his inside, Don’t Like Monday, ridden by Miss Jessica Shackleton kept its line but the gradual movement onto it forced that horse onto Share the Blame (D. Walker) who in turn moved inwards onto Venerables (J. McDonald. He submitted that Miss Shakleton had no option but to take the course of action that she did.  He further submitted that although the inward movement was gradual, it did happen over some distance.

Reasons for Decision:

n/a

Submissions for Penalty:

Mr Goodwin provided the committee Mr. Carmines record which included periods of suspension for a breach of rule 638 (1) (d) on four occasion this calendar year:-
4 days suspension: 26/11/2010
4 days suspension: 27/11/2020
4 days suspension: 05/03/2011
5 days suspension: 30/04/2011

Mr. Goodwin classed Mr. Carmine as a Central and Northern rider only and felt that because of the checks to three other horses the incident could be classed in the mid to top range.

Mr. Carmine informed the committee that he did accept the movement inward was gradual, he felt there was no contact and believed Miss. Shackleton may have overreacted. He concurred with Mr. Goodwin that he could be classed as a Northern and Central rider only.

Reasons for Penalty:

Mr. Carmine, in coming to our decision to impose a period of suspension for this breach, we have taken into account your admittance of the breach. Your record under this rule is not particularly good. Both you and Mr. Goodwin have submitted that you could not be classed as an overly busy rider. Mr. Carmine, three other horses were affected by your actions in moving inwards, albeit gradually. We could not agree with your submission that Miss. Shackleton overreacted, she was entitled to be where she was and her only option was dictated to by your actions on her outside.  We have determined the breach in the mid to top range and this must be reflected in the period of 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: 5828ed98e8e2698353ae23a0556aa050

informantnumber: 5724

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 25/05/2011

hearing_title: Foxton RC 6 June 2011 - R3

charge:

Alledged breach of rule 638 (1) (d)

facts:

Passing the 900 metre mark, C. Carmine permitted his mount McDaids to shift in causing tightening to Don’t Like Monday which in turn shifted inwards forcing Share The Blame onto the line of Venerate who was checked. Mr. Carmine admitted the breach.

appealdecision:

isappeal:

submissionsfordecision:

Mr. Goodwin showed the available films and pointed out to the committee the incident in which Mr. Carmines mount McDaids shifted in, at about the 900 metre mark.  The horse immediately on his inside, Don’t Like Monday, ridden by Miss Jessica Shackleton kept its line but the gradual movement onto it forced that horse onto Share the Blame (D. Walker) who in turn moved inwards onto Venerables (J. McDonald. He submitted that Miss Shakleton had no option but to take the course of action that she did.  He further submitted that although the inward movement was gradual, it did happen over some distance.

reasonsfordecision:

n/a

Decision:

As the charge was admitted the breach was deemed proven.

sumissionsforpenalty:

Mr Goodwin provided the committee Mr. Carmines record which included periods of suspension for a breach of rule 638 (1) (d) on four occasion this calendar year:-
4 days suspension: 26/11/2010
4 days suspension: 27/11/2020
4 days suspension: 05/03/2011
5 days suspension: 30/04/2011

Mr. Goodwin classed Mr. Carmine as a Central and Northern rider only and felt that because of the checks to three other horses the incident could be classed in the mid to top range.

Mr. Carmine informed the committee that he did accept the movement inward was gradual, he felt there was no contact and believed Miss. Shackleton may have overreacted. He concurred with Mr. Goodwin that he could be classed as a Northern and Central rider only.

reasonsforpenalty:

Mr. Carmine, in coming to our decision to impose a period of suspension for this breach, we have taken into account your admittance of the breach. Your record under this rule is not particularly good. Both you and Mr. Goodwin have submitted that you could not be classed as an overly busy rider. Mr. Carmine, three other horses were affected by your actions in moving inwards, albeit gradually. We could not agree with your submission that Miss. Shackleton overreacted, she was entitled to be where she was and her only option was dictated to by your actions on her outside.  We have determined the breach in the mid to top range and this must be reflected in the period of suspension.

penalty:

Mr. Carmine, this committee has decided to suspend you from race riding after the completion of racing from today, the 6th of June, until the completion of racing on Friday the 17th of June. 6 ‘Central and Northern’ race days.
 

 

hearing_type: Hearing

Rules: 638 (1) (d)

Informant: N. Goodwin

JockeysandTrainer: C. Carmine

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 6cfc420a4fa58ba67f1d9dbe5c30a778

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R3

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 39418801fddf16ed013f6c6ebaaeb7b8

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 06/06/2011

meet_title: Foxton RC - 6 June 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: foxton-rc

meet_racingtype: thoroughbred-racing

meet_chair: TCastles

meet_pm1: NMcCutcheon

meet_pm2: none

name: Foxton RC