Taranaki RC 8 February 2013 – R 4
ID: JCA13933
Code:
Thoroughbred
Meet Title:
Taranaki RC - 8 February 2013
Meet Chair:
ISmith
Meet Committee Member 1:
PWilliams
Race Date:
2013/02/08
Race Number:
R 4
Decision:
The committee finds the charge proved.
Penalty:
Mr Parkes is suspended from the close of racing on Monday 11 February 2013 up to and including the close of racing on Saturday 16 February 2013 being 3 days - Ellerslie (13 February), Wairoa (14 February) and New Plymouth (16 February).
Charge:
Careless Riding.
Facts:
Following the running of Race 4 an Information was filed with the Judicial Committee alleging a breach of Rule 638 (1)(d). The Information stated that “Approaching the 800 metres J Parkes the rider of Whatahassle directed his mount inwards taking Olivia Mary inwards into the line of Pompous Pearl which was checked”.
Rule 638 (1)(d) states:- “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
Mr Parkes confirmed to the Committee that he understood the Rule under which he had been charged and also that he did not admit the breach.
Submissions for Decision:
Using the head-on film Mr Goodwin identified Mr Parkes on “Whatahassle” who started from barrier number 7, Mr Dee on “Olivia Mary” who started from barrier number 5 and Ms Myers on “Pompous Pearl” who started from barrier number 1.
Mr Neal then presented the Stewards interpretation using the films available starting as the field made their way toward the 1000m point. He said Ms Myers had established a position on the inside adjacent to the running rail. Mr Dee was on the outside and in front of Ms Myers and on the outside of Mr Dee was Mr Parkes. Mr Neal said that at approximately the 800m point Mr Parkes had allowed his mount to move in gradually to a point where Ms Myers ran out of room on the inside of Mr Dee and was checked. He said Mr Parkes in shifting in had given Mr Dee no other option but to shift his horse in and away from Mr Parkes and this resulted in Ms Myers’ mount running out of room and being checked. Mr Neal said Mr Parkes had gradually moved in from a position of approximately two and a half horse widths off the rail to a one-off position and with insufficient room for the two horses on his inside Ms Myers had run out of racing room and was checked.
Mr Parkes asked the Stewards to clarify where he had made contact with Mr Dee’s horse that led to the interference, and also asked was he not three wide at the point where the incident occurred. Mr Neal advised Mr Parkes that there does not need to be contact for interference to have taken place and that in his view he was definitely not in a 3 wide position when the incident occurred.
Ms Myers stated when questioned by Mr Goodwin said that, prior to the incident when racing alongside Mr Dee, she had clear racing room. She said her horse did get crowded and at that time was unaware of any rider outside of, and putting pressure onto, Mr Dee. She said in her opinion there were too many factors to simply blame one person. She said her horse was a timid first starter and there was a young inexperienced 4kg claiming apprentice between herself and Mr Parkes. She didn’t believe there was contact between Mr Parkes and Mr Dee but did agree that Mr Parkes has moved inwards albeit slowly. She also felt that Mr Dee’s actions did not help her.
Mr Goodwin asked Mr Dee if he had received any pressure at approximately the 800m mark. Mr Dee stated that Mr Parkes was racing on his outside had gradually moved inwards forcing him in and back to try and avoid Ms Myers on his inside which he was unable to do.
In response to a question from the Committee Mr Dee said his horse was at least a head or a neck inside of Mr Parkes when he
received pressure from Mr Parkes.
In response to a question from Mr Parkes Mr Dee then demonstrated on the film where he was receiving the outside pressure. Mr Parkes put it to Mr Dee that he had overreacted but Mr Dee wasn’t sure he had.
Mr Parkes stated he had stayed wide travelling down the back and that Mr Dee had anticipated that he (Mr Parkes) was going to move inwards further than he did and as a result had overreacted a little and put inward pressure onto Ms Myers which resulted in her being checked. He used the head-on film to support this explanation.
Mr Goodwin in summarising stated it was clear Mr Parkes had gradually moved in from a position three horse widths off the rail to a position one horse width off the rail at the start of the bend near the 800m mark. He said the Stewards firmly believed that inwards pressure was applied by Mr Parkes on to Mr Dee who was entitled to his line of running. He said Mr Dee was unable to relieve the pressure as he was already well inside Mr Parkes and,” because 3 into 2 doesn’t go” Ms Myers had been checked and lost her position.
Mr Parkes in summarising said that he had stayed in a 3 wide position down the back and reiterated that Mr Dee had overreacted to some minimal inwards movement by him.
Reasons for Decision:
The Committee has reviewed the evidence from the head-on and side-on films and considered the evidence of all parties. In reaching a decision the committee find the films clearly show a gradual movement inwards over a distance leading up to the 800 metre mark by Mr Parkes. Up to this point Mr Dee has been able to maintain his rightful line of running whilst travelling inside of Mr Parkes. Mr Parkes has moved inwards to finish up one off the rail, and in doing so has dictated the line of and tightened Mr Dee which has caused him to restrain his mount and force him inwards with the resulting check to Ms Myers.
Submissions for Penalty:
Mr Goodwin stated Mr Parkes had not been charged under this Rule in the previous 12 months. He said he was a much improved and very busy rider who rode throughout the North Island. He classed the severity of the breach in the mid range and submitted a 4 day suspension was an appropriate penalty.
Mr Parkes had no comments to make other than that the amount of interference did not justify him being given a suspension. After consideration he advised if he were to be suspended he did not wish to seek any deferment of the commencing date.
Reasons for Penalty:
In reaching a decision on penalty the committee has considered the submissions made. This is the first breach of the careless riding rule by Mr Parkes for over 18 months which is an excellent record for a busy rider and a considerable mitigating factor when considering the starting point for careless riding is 5 riding days suspension. The Committee believes the severity of the interference to be in the low to mid range because Mr Parkes’ inwards movement was gradual although the ultimate check to Ms Myers was considerable. The committee has also reviewed penalties back to April 2011 to assist in achieving consistency with other penalties imposed when the breach of the careless riding rule is the first for 12 months or more and believes a period of suspension is warranted.
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: 824bd3302e9b10297539b81b2b0031e5
informantnumber: A3117
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 30/01/2013
hearing_title: Taranaki RC 8 February 2013 - R 4
charge:
Careless Riding.
facts:
Following the running of Race 4 an Information was filed with the Judicial Committee alleging a breach of Rule 638 (1)(d). The Information stated that “Approaching the 800 metres J Parkes the rider of Whatahassle directed his mount inwards taking Olivia Mary inwards into the line of Pompous Pearl which was checked”.
Rule 638 (1)(d) states:- “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
Mr Parkes confirmed to the Committee that he understood the Rule under which he had been charged and also that he did not admit the breach.
appealdecision:
isappeal:
submissionsfordecision:
Using the head-on film Mr Goodwin identified Mr Parkes on “Whatahassle” who started from barrier number 7, Mr Dee on “Olivia Mary” who started from barrier number 5 and Ms Myers on “Pompous Pearl” who started from barrier number 1.
Mr Neal then presented the Stewards interpretation using the films available starting as the field made their way toward the 1000m point. He said Ms Myers had established a position on the inside adjacent to the running rail. Mr Dee was on the outside and in front of Ms Myers and on the outside of Mr Dee was Mr Parkes. Mr Neal said that at approximately the 800m point Mr Parkes had allowed his mount to move in gradually to a point where Ms Myers ran out of room on the inside of Mr Dee and was checked. He said Mr Parkes in shifting in had given Mr Dee no other option but to shift his horse in and away from Mr Parkes and this resulted in Ms Myers’ mount running out of room and being checked. Mr Neal said Mr Parkes had gradually moved in from a position of approximately two and a half horse widths off the rail to a one-off position and with insufficient room for the two horses on his inside Ms Myers had run out of racing room and was checked.
Mr Parkes asked the Stewards to clarify where he had made contact with Mr Dee’s horse that led to the interference, and also asked was he not three wide at the point where the incident occurred. Mr Neal advised Mr Parkes that there does not need to be contact for interference to have taken place and that in his view he was definitely not in a 3 wide position when the incident occurred.
Ms Myers stated when questioned by Mr Goodwin said that, prior to the incident when racing alongside Mr Dee, she had clear racing room. She said her horse did get crowded and at that time was unaware of any rider outside of, and putting pressure onto, Mr Dee. She said in her opinion there were too many factors to simply blame one person. She said her horse was a timid first starter and there was a young inexperienced 4kg claiming apprentice between herself and Mr Parkes. She didn’t believe there was contact between Mr Parkes and Mr Dee but did agree that Mr Parkes has moved inwards albeit slowly. She also felt that Mr Dee’s actions did not help her.
Mr Goodwin asked Mr Dee if he had received any pressure at approximately the 800m mark. Mr Dee stated that Mr Parkes was racing on his outside had gradually moved inwards forcing him in and back to try and avoid Ms Myers on his inside which he was unable to do.
In response to a question from the Committee Mr Dee said his horse was at least a head or a neck inside of Mr Parkes when he
received pressure from Mr Parkes.
In response to a question from Mr Parkes Mr Dee then demonstrated on the film where he was receiving the outside pressure. Mr Parkes put it to Mr Dee that he had overreacted but Mr Dee wasn’t sure he had.
Mr Parkes stated he had stayed wide travelling down the back and that Mr Dee had anticipated that he (Mr Parkes) was going to move inwards further than he did and as a result had overreacted a little and put inward pressure onto Ms Myers which resulted in her being checked. He used the head-on film to support this explanation.
Mr Goodwin in summarising stated it was clear Mr Parkes had gradually moved in from a position three horse widths off the rail to a position one horse width off the rail at the start of the bend near the 800m mark. He said the Stewards firmly believed that inwards pressure was applied by Mr Parkes on to Mr Dee who was entitled to his line of running. He said Mr Dee was unable to relieve the pressure as he was already well inside Mr Parkes and,” because 3 into 2 doesn’t go” Ms Myers had been checked and lost her position.
Mr Parkes in summarising said that he had stayed in a 3 wide position down the back and reiterated that Mr Dee had overreacted to some minimal inwards movement by him.
reasonsfordecision:
The Committee has reviewed the evidence from the head-on and side-on films and considered the evidence of all parties. In reaching a decision the committee find the films clearly show a gradual movement inwards over a distance leading up to the 800 metre mark by Mr Parkes. Up to this point Mr Dee has been able to maintain his rightful line of running whilst travelling inside of Mr Parkes. Mr Parkes has moved inwards to finish up one off the rail, and in doing so has dictated the line of and tightened Mr Dee which has caused him to restrain his mount and force him inwards with the resulting check to Ms Myers.
Decision:
The committee finds the charge proved.
sumissionsforpenalty:
Mr Goodwin stated Mr Parkes had not been charged under this Rule in the previous 12 months. He said he was a much improved and very busy rider who rode throughout the North Island. He classed the severity of the breach in the mid range and submitted a 4 day suspension was an appropriate penalty.
Mr Parkes had no comments to make other than that the amount of interference did not justify him being given a suspension. After consideration he advised if he were to be suspended he did not wish to seek any deferment of the commencing date.
reasonsforpenalty:
In reaching a decision on penalty the committee has considered the submissions made. This is the first breach of the careless riding rule by Mr Parkes for over 18 months which is an excellent record for a busy rider and a considerable mitigating factor when considering the starting point for careless riding is 5 riding days suspension. The Committee believes the severity of the interference to be in the low to mid range because Mr Parkes’ inwards movement was gradual although the ultimate check to Ms Myers was considerable. The committee has also reviewed penalties back to April 2011 to assist in achieving consistency with other penalties imposed when the breach of the careless riding rule is the first for 12 months or more and believes a period of suspension is warranted.
penalty:
Mr Parkes is suspended from the close of racing on Monday 11 February 2013 up to and including the close of racing on Saturday 16 February 2013 being 3 days - Ellerslie (13 February), Wairoa (14 February) and New Plymouth (16 February).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr J Parkes - Licensed Jockey
Otherperson: Mr L Tidmarsh - Stipendiary Steward, Mr M Dee - Licensed Apprentice Jockey, Ms R Myers - Licensed Jockey, Mr R Neal - Co-Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e8e6cac79159a9c35bfa2e94b7e3b488
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
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race_chair:
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meetid: c02afb6d9d647117e3a22e9a1501b292
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meet_emailed1: 0
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meetdate: 08/02/2013
meet_title: Taranaki RC - 8 February 2013
meet_expappcomment:
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tracklocation: taranaki-rc
meet_racingtype: thoroughbred-racing
meet_chair: ISmith
meet_pm1: PWilliams
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name: Taranaki RC