Southland RC 18 February 2017 – R 10 – Chair, Prof G Hall
ID: JCA13792
Code:
Thoroughbred
Meet Title:
Southland RC - 18 February 2017
Meet Chair:
GHall
Meet Committee Member 1:
VMUnro
Race Date:
2017/02/18
Race Number:
R 10
Decision:
As Mr Cuneen has admitted the charge, it is found to be proved.
Penalty:
The penalty is three days’ suspension: Riccarton 24 February, Wingatui 4 March, and Ashburton 9 March. We remind the respondent of his professional obligations.
Facts:
Mr Davidson alleged that in race 10, the AON Insurance Brokers Handicap, Mr Cuneen rode carelessly by permitting his mount CENTAVADA to shift outwards near the 175 metres when not sufficiently clear of SMOKEM UP.
Mr Tidmarsh, Stipendiary Steward, demonstrated the incident on the video. He stated that the respondent angled out looking for a run near the 175 metres and had come into contact with Ms Wynne, who was clearly established outside Mr Cuneen. When asked by this Committee to estimate the distance between the respondent and Ms Wynne, Mr Tidmarsh replied ¾ to a length at best. He believed the respondent had shifted ground outwards some two horse widths.
Mr Cuneen stated he had been slightly dictated by the horse in front and that was why he had come out looking for a run. He said he had angled out and had only just brushed SMOKEM UP.
Submissions for Penalty:
Mr Davidson produced the respondent’s record. This evidenced two suspensions in the past 12 months. Mr Cuneen had received three days at Riccarton on 12 November and a further three days at Kurow on 30 December. He had had 183 rides this season. Mr Davidson said the respondent was a highly sought after experienced apprentice.
Mr Davidson described the breach as mid-range. There had been a protest but the degree of interference and margin were such that there had not been a change of placings.
Mr Cuneen accepted that his record was as described and said he wanted his suspension to commence immediately.
Reasons for Penalty:
We take the South Island starting point of three days, as prescribed in the JCA Penalty Guide.
The breach is at the upper end of mid range. Mr Davidson is correct when he says that the protest was dismissed only because the margin at the finish was not such that a change of placings was warranted. Mr Cuneen has shifted ground quite abruptly, some two horse widths, and has made clear contact with Ms Wynne’s mount. We believe a one-day uplift is appropriate for the gravity of the breach.
The only mitigating factor is Mr Cuneen’s admission of the breach, and we will regard his record as a neutral factor, as Mr Davidson has submitted, although we believe we would have been justified as viewing three breaches in four months as an aggravating factor.
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: 6581f39bdd799355f0ce8533d342ff89
informantnumber: A7798
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 20/02/2017
hearing_title: Southland RC 18 February 2017 - R 10 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that in race 10, the AON Insurance Brokers Handicap, Mr Cuneen rode carelessly by permitting his mount CENTAVADA to shift outwards near the 175 metres when not sufficiently clear of SMOKEM UP.
Mr Tidmarsh, Stipendiary Steward, demonstrated the incident on the video. He stated that the respondent angled out looking for a run near the 175 metres and had come into contact with Ms Wynne, who was clearly established outside Mr Cuneen. When asked by this Committee to estimate the distance between the respondent and Ms Wynne, Mr Tidmarsh replied ¾ to a length at best. He believed the respondent had shifted ground outwards some two horse widths.
Mr Cuneen stated he had been slightly dictated by the horse in front and that was why he had come out looking for a run. He said he had angled out and had only just brushed SMOKEM UP.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cuneen has admitted the charge, it is found to be proved.
sumissionsforpenalty:
Mr Davidson produced the respondent’s record. This evidenced two suspensions in the past 12 months. Mr Cuneen had received three days at Riccarton on 12 November and a further three days at Kurow on 30 December. He had had 183 rides this season. Mr Davidson said the respondent was a highly sought after experienced apprentice.
Mr Davidson described the breach as mid-range. There had been a protest but the degree of interference and margin were such that there had not been a change of placings.
Mr Cuneen accepted that his record was as described and said he wanted his suspension to commence immediately.
reasonsforpenalty:
We take the South Island starting point of three days, as prescribed in the JCA Penalty Guide.
The breach is at the upper end of mid range. Mr Davidson is correct when he says that the protest was dismissed only because the margin at the finish was not such that a change of placings was warranted. Mr Cuneen has shifted ground quite abruptly, some two horse widths, and has made clear contact with Ms Wynne’s mount. We believe a one-day uplift is appropriate for the gravity of the breach.
The only mitigating factor is Mr Cuneen’s admission of the breach, and we will regard his record as a neutral factor, as Mr Davidson has submitted, although we believe we would have been justified as viewing three breaches in four months as an aggravating factor.
penalty:
The penalty is three days’ suspension: Riccarton 24 February, Wingatui 4 March, and Ashburton 9 March. We remind the respondent of his professional obligations.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr R Cuneen - Apprentice Jockey
Otherperson: Mr L Tidmarsh - Stipendiary Steward, Mr L Callaway - Licensed Jockey assisting Mr Cuneen
PersonPresent:
Respondent:
StipendSteward:
raceid: 3e0e8a7f03bb7ea5becea8d83695a4a3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 82b005dc792d041e5c92a95ca620f0a6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/02/2017
meet_title: Southland RC - 18 February 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: southland-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: VMUnro
meet_pm2: none
name: Southland RC